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Don Lemon Tonight
P.A.'s Supreme Court Denies Request From GOP; Two Presidents On Opposite Poles; Trump Camp Obsessed With Lawsuits; Gov. Jared Polis (D-CO) Tests Positive With COVID-19; GOP Members Refuse To Acknowledge Biden As President-Elect; Trump Lawyer Tested Positive For COVID. Aired 10-11p ET
Aired December 08, 2020 - 22:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[22:00:00]
CHRIS CUOMO, CNN HOST (on camera): Thank you for watching. "CNN TONIGHT" the big show with the big star D. Lemon starts right now.
DON LEMON, CNN HOST: How are you holding up, are you living in reality tonight?
CUOMO: I'm always in reality, my brother. I'm on the reel 24/7 hundo p all. My concern is that this relief bill, is showing all the politics at its ugliest, and my fear is that you need the money to ramp up the production for the vaccine, now.
LEMON: Right.
CUOMO: Operation Warp Speed was a ballsy move by the government and this president to get it going, they put money on the line that could very easily been lost, and it wasn't. One-point-five trillion dollars that they put up there. But they need more now to figure out what they have to do to get it to all the different people that they have to remember.
The vaccine only helps us when it reaches the 100 million people who have comorbidity rates, that's when it will really start taking the toll out of who dies from this.
LEMON: Yes.
CUOMO: And that's going to take us through the spring, and you got first responders and you got people in the long-term care homes, and you have people who are medically fragile. You know? So you really have to have enough, and you have the people who won't come back and you blow the dosage and you have to do it again. You know, you have to be ready.
This relief money starving isn't enough for people, right? You'll be starving and killing people if you don't get this done.
LEMON: Well, this is why every single night I say how much more do we have to take, and then I scream we all need to live in reality. Yes, Operation Warp Speed it happened fast, but imagine if in January when those recordings from Bob Woodward if we had known if they had acted then, imagine how fast it would have been.
I'm going to remain optimistic, glass half full. But being a realist and being a journalist, I have to -- I've got to wonder how much further ahead we would have been if we had more buy in. If the leader of the free world had said hey, this is serious it's airborne, we got to do this and we need to do that and what have you.
And as the science has changed and evolve, that he would have changed and evolved as well. Early on masks, they believe that they didn't have, that they didn't really have much of an effect. Then a little bit later on they realize well, there is some, you know, benefit to wearing it.
So as the science evolve, the scientists evolved. But guess we never did evolve? So, I'm optimistic, I think it would've been great, I was hoping America would get its first dose by now. It would've been great to see Americans out there getting their first dose -- doses first. But we start where we start. We begin where we begin, and let's hope we have enough doses. We got enough people to buy in.
CUOMO: We don't. You can't -- you can't, a hope in that case --
LEMON: Yes, yes, but I've spoken to people who said that they can still re-jigger, they can still figure out where to get more. There are other people who are making vaccines, there's AstraZeneca, there's, you know, so on and so forth.
So, there is still time for the Biden folks to get in there and to rejig, or to try to get more doses from other places. But that's going to, yes, it's going to take money. We've got money, this is America.
CUOMO: They have to --
LEMON: Again.
CUOMO: -- but they have the power of the purse. They have to allocate it, and then it has to be effectively spent. Remember that last relief bill of this 900 billion, over 400 billion of it is money from the last bill that they never spent, Don.
LEMON: Yes.
CUOMO: You know, look, Trump is the fever. He is not the political sickness, these were Trumplicans as I call them in Congress, they are in a box, Don, because they are doubling down on the division. We're not helping them. We're not helping the blue states. We're not going to hand out this money, we don't believe any of this, COVID is not even real. The election is not real, nothing is real.
So where is their posture to compromise? You know, what they are feeding that base is, we'll fight everything at every turn, because the enemy is within.
LEMON: Well, that's what happens when you radicalize people, when you radicalize as the state TV has done when you radicalize your viewers, they need more, they got to go back, it's got to be pure. If you're not giving them the pure stock, if you're not getting more radical and more radical and more radical --
CUOMO: That's right.
LEMON: -- they're not going to tune in. So for the --
(CROSSTALK)
CUOMO: Hence the Newsmax situation.
LEMON: Yes, right. And so, for the politicians in D.C. who were like, hey, well, you know, Trump is kind of a useful idiot, right? We can use him to get what we want but then when you tell people that Joe Biden is not going to win, that Joe Biden isn't firm in some way, that Joe Biden has dementia.
CUOMO: Right.
LEMON: And it turns out, none of that is true, and you've been exposed, then what do you have? People want the pure stock, they are looking for it and they're not finding it because guess what, you sold them a bill of goods the entire time you lied to them.
CUOMO: But Trump is still running the game.
LEMON: You've been exposed. Yes.
CUOMO: Trump is still running the game. And we see the price. Fox News they called Arizona early. They didn't call it early. It looked like Biden was going to win it based on the metrics we had. Was that reckless when they called it? Yes, the political scientists would argue.
LEMON: I don't think it was reckless.
CUOMO: But look, they wound up being right. Right?
LEMON: Yes.
CUOMO: So, but when they did it, could I understand people would say, but it was never about the science of it, the political science if you don't want to call that an oxymoron.
LEMON: Yes.
CUOMO: It was that they went against Trump and just like that, what we thought was an impossible relationship to separate, to disconnect, like that they're watching a channel you couldn't even find on TV.
[22:05:07]
LEMON: I still can't, I still can't find it.
CUOMO: They're watching it.
LEMON: I got to go.
CUOMO: They're watching, they just had their first one against Fox.
LEMON: Yes, well.
CUOMO: But that's what they're afraid of.
LEMON: Yes.
CUOMO: If you don't feed the beast --
LEMON: By March --
CUOMO: -- the beast will devour you, my brother.
LEMON: Let me just tell you, let me get this, this is my prediction OK. I know I'm not in the business. By March it will all moderate, right, and then Newsmax will be where it is. You know, Fox will never be the -- it will never be its -- have its former glory, but it will all moderate, Newsmax will be Newsmax but it won't be as powerful as Fox News, it will never be as powerful as Fox News.
And guess what, Fox News, here's the thing that we've been dealing with. The other cable networks have had competition, right? They're competition for people who said that they're non-biased, that they're in the middle that they're independent.
Fox News didn't have any competition, because Fox News is the only far right conservative network, now they have some competition. So the playing field in some way is leveling but it will moderate, Trump will be marginalize somewhat by March, and Fox News will get back to something but it won't be, it will be a shell of its former self, but still very powerful. So, I won't count them out.
CUOMO: Well, Trump is easier to deal with than the re-Trumplicans.
LEMON: I've got to run.
CUOMO: But I'm just telling you, remember Trump feeds off us.
LEMON: Yes.
CUOMO: When he's not president anymore there is no reason for him to eat at the table.
LEMON: Yes, he won't feed off me, because guess what, on inauguration day it's going to be like the baked sail, the local boy scout big sale at the end of the news. Hey, our kicker is our local troop number 85, raised $65 and that's what it will be, Trump held a rally in wherever, it will be the final note. And thank you and goodnight. We'll see you tomorrow. That's all --
(CROSSTALK)
CUOMO: When you said he's not going to feed off you, I was like, well, that's absolutely -- I've never seen you share food with anybody.
LEMON: Yes. Well, guess what, you don't have to when you are not hungry, you don't have to share your food.
CUOMO: I'm hungry, D. Lemon.
LEMON: Stop being so hungry.
CUOMO: I'm hungry.
LEMON: Stop being a leech -- stop leeching off of me. I got to go.
CUOMO: I'm a leech. I'm a hungry leech, D. Lemon.
LEMON: This --
CUOMO: Have a great show.
LEMON: Thank you.
This is CNN -- hey wait a minute, hold on, where did you go away? Did he go away?
CUOMO: Never.
LEMON: You didn't say it.
CUOMO: I'm always here. I said I love you, D. Lemon.
LEMON: All right. See you later.
CUOMO: It's never enough with you.
LEMON: This is CNN TONIGHT. I'm Don Lemon.
President Trump, this is what -- this is what my mom would say all the time, don't act a fool, don't embarrass us. President Trump is acting like a fool. He is making a fool of himself. President Trump, you are making a fool of yourself. You are embarrassing yourself. It's just foolish, it's des -- it wreaks of desperation. Man, you're making a fool of yourself, that's what people would say. Stop doing that, Stop embarrassing yourself.
I think even the emperor has got to know that he's got no clothes, you're naked, brother. He's trying to hide behind his refusal to accept reality, his refusal to admit that he lost the election. You lost. His refusal to acknowledge Joe Biden is the president-elect, he is, it will take the oath of office, he will take the oath of office in just 43 days.
But he's got to know his ridiculous fight is all but over tonight, right? Because why, the Supreme Court, the thing that he's been looking to, the Supreme Court, this will go to the Supreme Court. The Supreme Court crushing his vein hopes, denying a request from Pennsylvania Republicans to block certification of the commonwealth's election results.
All of this is a huge loss for the current president coming just hours after he said this. (BEGIN VIDEO CLIP)
DONALD TRUMP, PRESIDENT OF THE UNITED STATES OF AMERICA: Now let's see whether not somebody has the courage, whether it's a legislator or legislators, or whether it's a justice of the Supreme Court, or a number justices at the Supreme Court, let's see if they have the courage to do what everybody in this country knows is right.
(END VIDEO CLIP)
LEMON (on camera): Fool. It turns out somebody does have the courage to do what everybody in this country knows is right, everybody except the current president who for months has been pinning his fading hopes on the Supreme Court after he fought to get his nominee confirmed, giving the court a six-three conservative majority, he thought would get him what he wanted.
(BEGIN VIDEO CLIP)
TRUMP: I think this will end up in the Supreme Court, I think it's very important that we have nine justices.
We'll be going to the U.S. Supreme Court. We want all voting to stop.
It's going to end up at perhaps the highest court in the land. We'll see.
We should be heard by the Supreme Court. Something has to be able to get up there, otherwise, what is the Supreme Court?
(END VIDEO CLIP)
LEMON (on camera): A fool. A Biden spokesperson reacting tonight, quote, "this election is over. Joe Biden won and he will be sworn in as president in January." Someone living in reality.
[22:10:06]
And as a current president seems to determine to continue his unreality show and acts as if there's some way, he can overturn the results of the election, which is the only thing he cares about. The pandemic meantime is raging.
More than 15 million cases in this country, more than 286,000 Americans dead. Another record number of hospitalizations tonight. And now when our lives literally depend on leadership in the White House, the contrast between the current president and the president-elect, couldn't be more stark.
Joe Biden telling Americans the truth, the next few months will be daunting. Imagine that? The president telling you the truth. It's been so long I forgot what it looked like or sounded like. While the current president only wants to make sure he gets all the credit for vaccines.
(BEGIN VIDEO CLIP) JOE BIDEN, PRESIDENT-ELECT OF THE UNITED STATES OF AMERICA: It's daunting, but I promise you that we'll make progress starting on day one. We didn't get into this mess quickly. It's going to take time to fix. But we can do this, that's the truth. I'm telling you the truth, this is what this team, Vice President-elect Harris and I will always do.
TRUMP: Today we're on the verge of another American medical miracle, and that's what people are saying. People that aren't necessarily big fans of Donald Trump are saying whether you like him or not, this is one of the greatest miracles in the history of modern-day medicine, or any other medicine, any other age.
(END VIDEO CLIP)
LEMON (on camera): Biden with empathy for Americans, Trump feeding them an empty diet of lies.
(BEGIN VIDEO CLIP)
BIDEN: And to the American people, I know we've all had a lot of sleepless nights this year, so many of you staring at the ceiling and are wondering, my God, what happens, what happens if it strikes my family?
TRUMP: We are going to have to see who the next administration is, because we won in those swing states and there were terrible things that went on so we're going to have to see who the next administration is.
(END VIDEO CLIP)
LEMON (on camera): My God, man. You lost. Get over it. Happens to the best of us, you lost, you turned out to be the loser. And you know who else is losing? America is losing too, even though you promised us, so much winning.
(BEGIN VIDEO CLIP)
UNKNOWN: What's your message to the American people given all the increase in cases right now about what they should do for Christmas and the hardships that they're all facing as this virus gets worse?
TRUMP: Well, CDC puts out their guidelines and they're very important guidelines, but I think this, I think that the vaccine was our goal, that was number one because that was the way, that was the way it ends. Plus, you do have an immunity, you develop immunity over a period of time. And I hear we're close to 15 percent, I'm hearing that. And that is terrific, that's a very powerful vaccine in itself. And just tremendous progress has been made.
(END VIDEO CLIP)
LEMON (on camera): Boy, you don't know what to believe, do you? When someone lies you so much, you say I don't know what to believe, so then you just believing anything they say. As he said, just terrific. And that embarrassment of an executive order the president signed
today, well, as an administration official said, it was nothing but a publicity stunt. This president just, can't just order companies to give vaccines to Americans before anybody else. Can't do it. We've already watch on TV as people in the U.K. got the first vaccines today.
And let's remember, this administration turned down the chance to buy more vaccine from Pfizer. A source confirmed that. But the president stages a TV event to sign one more empty executive order as the final days of his administration wane, running out. Running out, over.
And as his enablers on Capitol Hill, every time you think they have sunk to a new low of cowardice, they go even lower. When they go low, they go even lower.
The House voting tonight to approve a sweeping defense bill, one the president oppose because he wanted to hold troops hostage over his grudge match with Twitter. But here's the thing. House Minority Kevin McCarthy says his party will back the president if he vetoes the bill.
[22:14:53]
So, we voted for it overwhelmingly, but if you veto it, the president, well, Mr. President we're going to turn right around and support you. That's what they're saying. Basically, what they're saying is, please, sir, may I have another?
What about Republican leadership, still after 35 days, still refusing to admit that Joe Biden is the president-elect.
(BEGIN VIDEO CLIP)
MANU RAJU, CNN SENIOR CONGRESSIONAL CORRESPONDENT: Are you willing to acknowledge that Joe Biden is the president-elect? Will you be able to do so on Monday when the Electoral College votes?
SEN. MITCH MCCONNELL (R-KY), MAJORITY LEADER: This has become a weekly ritual, the Electoral College is going to meet on the 14th and cast a vote, we're going to have a swearing in of the next president on the 20th of January. Why don't we concentrate on what we have to do the next two weeks?
(END VIDEO CLIP)
LEMON (on camera): Did anyone ask him -- I couldn't be the press focus, they want to kick me out. Why is it a weekly ritual? Because you haven't answered the question. If you answered the question we wouldn't have to ask you every week. That's how that works.
So, gees, you know, I'm glad the majority leader is enjoying his weekly ritual refusing to admit reality, I'm glad he is having fun. That as congressional Republican leaders refusing today to vote for a resolution pointing out the obvious, that Joe Biden is the president- elect. McConnell, House Republican Leader Kevin McCarthy, Senator Roy Blunt
all rejecting a resolution from the House Majority Leader Steny Hoyer, simply affirming that the inaugural committee is preparing for the inauguration of, wait for it, President-elect Biden and Vice President-elect Kamala Harris.
Senator Blunt issuing a statement that says this. It is not the job of the Joint Congressional Committee on Inaugural Ceremonies to get ahead of the electoral process and decide who we are inaugurating." Maybe he needs to watch the news. I actually think it's pretty clear who you're inaugurating, the only one who maybe doesn't know that or is pretending he doesn't know is the occupant of 1600 Pennsylvania Avenue. Although not for long.
But his GOP enablers are keeping up this facade. Lindsey Graham. He knew he'd be part of this, right? Didn't you have to know that. Lindsey Graham asked if Trump should concede if he loses on December 14th saying, after December 14th, we'll talk.
Nobody really, anyway, Lindsey, really? So, I think we're all looking forward to that, see what he says. Senator Marco Rubio asked if the president should concede after Monday saying the indications are that that's going to happen. They can't bring themselves to it, they're just plain games, as we say being too cute by half.
It's all funny games until someone destroys democracy. Until someone gets hurt, until the home of Michigan's secretary of state is surrounded by angry Trump reporters, some armed, while she's inside with her 4-year-old. Until a patriotic cybersecurity official is fired for debunking the president's bogus claims of fraud.
(BEGIN VIDEO CLIP)
CHRISTOPHER KREBS, FORMER DIRECTOR, DHS CYBERSECURITY & INFRASTRUCTURE SECURITY AGENCY: You've got to take a stand at some point, you've got to take a stand and stand up for what's right.
Until then, I stood up for democracy, got fired for it, continued standing up and then defending democracy, got death threats, and now we're standing up again for democracy and filing this lawsuit.
(END VIDEO CLIP)
LEMON (on camera): Until Arizona's Republican Party asked supporters if they are willing to die for the current president. Yes, that happened today in the United States of America. It's not funny games. It is bizarre and it is disturbing. Quite frankly, it's an American. Patriots? I think not. And it has to stop before it is too late. Mark my words.
The president thought that he had the Supreme Court in his pocket, but with today's big loss in the highest court in the land, how long can he keep up his election fraud lies? The House majority whip, James Clyburn says this.
(BEGIN VIDEO CLIP) [22:20:07]
REP. JAMES CLYBURN (D-SC): This is an attempt to overthrow our government. You may not call it a coup, but this is an attempted coup.
(END VIDEO CLIP)
LEMON (on camera): So, what is this devastating blow in Pennsylvania by the U.S. Supreme Court mean to Trump and his attempt -- his failed attempt to overturn the election?
Joining me now is CNN White House Correspondent, Kaitlan Collins and CNN's senior political analyst John Avlon. Let's discuss. Good evening.
Kaitlan, so, just today the president was pandering to the court to overturn the election, it didn't happen. Did he think they owed him one or something?
KAITLAN COLLINS, CNN WHITE HOUSE CORRESPONDENT: I think that we kind of saw the president telegraph for a few months, he thought that the Supreme Court might work out in his favor when it came to the election, that's why he pushed so hard to get Amy Coney Barrett through, Don, and he made that very clearly to her confirmation.
And so today he made pretty clear that he does think someone should join him in this effort to undermine democracy, he was basically pleading with anyone out of an event that we should remind viewers who are supposed to be focused on vaccines and touting the progress there and celebrating the president's accomplishments.
[22:25:03]
But then he went off on the election and was pleading for any legislators and states or complete legislators, where he even said some Supreme Court justices to help him in his effort. And I think the Supreme Court made clear tonight they are not going to be playing a role in this.
LEMON: John, Biden's team says that this election is over. The Republicans has clearly lost. The Republicans can't embrace reality until the president gives them permission to do it. And the president's behavior is too crazy to ever do that. Are they stuck right here? They're in a pickle.
JOHN AVLON, CNN SENIOR POLITICAL ANALYST & ANCHOR: They're in a trap of their own making, that the hyper partisanship has led them to, because Trump has lost the election definitively, he's broadly unpopular with the American people, but he's still very popular with their base.
The bar they seem to be setting out for themselves, is when the Electoral College meets on December 14th. Now that will mean that one week from today after the votes are counted on the 14th, which is Monday. On Tuesday, we should hear every Republican senator who's got a shred of integrity left, come out and say the Electoral College has spoken, Joe Biden is definitively the president-elect, Mr. Trump, have fun at Mar-a-Lago over the next four years at least.
Now whether they are going to find the spine to actually follow through on what they've been telegraphing, we'll see because they've been terrified of a lame duck who lost an election decisively to date. But that's -- that's the bar they've set, let's see if they've got the guts to clear it.
LEMON: Good luck with that.
AVLON: Good luck with that.
LEMON: Thank you both. I appreciate it.
AVLON: All right.
LEMON: A huge lost for the president in the courts today, but it's one of many and in dozens of those cases he lost to one lawyer in particular. That lawyer is speaking out right here exclusively, next.
[22:30:00]
(COMMERCIAL BREAK)
LEMON (on camera): So, you really want to watch this segment. It's going to explain a lot to you and make sense of all this that's going on. This is reality time. OK? This is our breaking news.
The Supreme Court denying a request from Pennsylvania Republicans to block Joe Biden's victory in the state. The court delivering a fatal blow to President Trump's long shot efforts to overturn the election.
But despite what the president says, the election is over. It has been over for weeks. But the president keeps losing again and again in recounts and lawsuits. Sometimes he losses the same state two, three, even four times. So much losing.
And my next guest is one reason why. Marc Elias, the Democratic layer who has been facing off against Trump's team as they try to overturn his election loss in court. And you better believe he is keeping score. By his tally, it's Trump and his allies, one, Elias team, 51.
Even the president's most ardent crazed and reckless admirers seem to be a little afraid of Elias. Last night an angry Lou Dobbs berated Trump adviser Stephen Miller about it.
(BEGIN VIDEO CLIP)
LOU DOBBS, ANCHOR, FOX BUSINESS NETWORK HOST: Marc Elias, why don't you put together a half billion dollars and go hire him and get him out -- get him out of your way? It's extraordinary. The president warns for months and months and months about mail-in ballots and the potential for fraud and the Republicans do nothing, Stephen. Nothing.
STEPHEN MILLER, SENIOR ADVISOR TO PRESIDENT TRUMP: It's an outrage.
DOBBS: What the hell is wrong, what's wrong with the Republican Party? (END VIDEO CLIP)
LEMON (on camera): Lou is mad. I don't often agree with Lou Dobbs but I have to say that's a damn good question. So, let's see if Marc Elias can answer it. This exclusive interview is his first since the election. Marc, thank you so much. I really appreciate you joining us. This is very important.
MARC ELIAS, DEMOCRATIC VOTING RIGHTS ATTORNEY: Thanks for having me.
LEMON: Thank you.
So, this first, this is the first interview you've done since the election because you've been so busy fighting President Trump in court coast to coast. So, tell me why you're speaking out now before we get into this.
ELIAS: Look, I think it's important for everyone in your audience to understand that as you said, the election is over. The people have voted and Joe Biden and Kamala Harris have won that election in a pretty resounding way. I mean, it's not just that they won seven million more votes than Donald Trump and Mike Pence. But the Electoral College is not that close.
And what we're seeing now in this litigation is not cases that are going to change the outcome but rather, cases that will undermine confidence that some people have in the outcome of the election which is really dangerous for democracy.
LEMON: How do you respond to Lou Dobbs? That question now.
ELIAS: Well, I'm flattered. I suppose that he thinks that the Republican Party should maybe, half a billion dollars. But here's the deal. There isn't anything that I or any other lawyers are going to do to change the votes and, in this case, the votes speak that Joe Biden and Kamala Harris won. So, this isn't a question of lawyering. This is just a question of who got more votes.
LEMON: Reality and the facts, right?
So, let's talk about the Supreme Court. The Supreme Court shut down the president's latest efforts, the effort to overturn the election in Pennsylvania. Not one dissent, Marc. How do you read their one-line rejection?
ELIAS: Look, it's more or less what I expected. Which is that the Supreme Court is not going to waive into a case. That simply has no merit. I mean, (Inaudible) to the U.S. Supreme Court was an appeal of a loss that Congressman Mike Kelly, a Republican, and others that have, that have had at the state Supreme Court so they already lost before. And their basic position was that their own election, Mike Kelly's own election should be uncertified. It should be decertified.
[22:35:01]
It was a preposterous lawsuit. And you know, I wish there were consequences for people like Congressman Kelly who have perpetuated this. But it didn't surprise me the Supreme Court had none of it.
LEMON: OK. So then, you know, we've got, we've got Texas, right? Texas files this desperate bid with the Supreme Court asking justice to allow a lawsuit against battleground states. Does it stand a chance?
ELIAS: No. No. Some of these cases I've described as press releases with filing fees. I'm not even sure that there was a filing fee in the U.S. Supreme Court for the state of Texas. This was an act of some bizarre world of desperation. I don't know what drove it. I don't know if it's politics. I read that maybe because Paxton is fishing for a pardon. I don't know what's behind it.
But this is honestly a bizarre lawsuit. The idea that Texas could sue four other states because Texas didn't like their elections. Well, guess what, Texas. There are a whole bunch of states who don't like the way you disenfranchise voters in Texas. It's just not a thing.
LEMON: I want to talk to you. Because I have so much in my notes here about safe harbor. Because today marks the safe harbor deadline for states to certify results. Talk about what that means. Are we done with all the frivolous lawsuits after, you know, they figure out what happens with this Texas one?
ELIAS: Yes. Look, I thought that we would be done with the frivolous lawsuits weeks ago. I mean, it's 35 days since the election, to put this into context. And someone asked me the other day, how many lawsuits do we usually have after elections? And I said usually we have zero.
I mean, right now, we have already had 67 lawsuits filed by Trump and his allies in the post-election period. And so, I would like to think that having lost 51 of them, they will wake up tomorrow and say, OK, you know what, this is over. The Arizona Supreme Court tonight threw out their contest. I expect the same will happen in Nevada if I had to guess later tonight.
But you know, they seem to have created an industry on the other side in filing these crazy conspiracy theory lawsuits which are just going nowhere. So, I can't say whether this will be the end of them or not. It certainly should be.
LEMON: It appears though that the president is using his supporters and the legal system to raise money. It's not appears. He is. Because if you look at what is happening with his e-mails and what's in the fine print for the raising of the money to pay for these lawsuits. I think like 25 percent goes to the lawsuits and the refiling and all of the recounting, et cetera, and the rest goes to his political PAC for future, whatever he is going to do.
So, he's using the American people. Using the office, using his supporters, and using the court system to raise money. That is, the American people have to be aware of that. And I don't think we're -- I don't we are telling people enough what he's doing. It's abhorrent.
ELIAS: It is. And look, all of this is abhorrent because it's doing nothing other than misleading people about democracy. Right? Democracy is a fragile thing. Democracy is not just a set of laws or even constitutional provisions. It's a sense of responsibility on the part of elected officials, and people in response -- in offices of responsibility that they will behave a certain way that will instill confidence in the public that their vote counts, that there is an orderly process to the decision of elections and the transfer of power.
And all that the president and his supporters are doing right now, whether it is for cynical financial gain or it's for cynical political gain, all they're doing now is damaging democracy by misleading their supporters.
LEMON: Marc, what if it had been, you mentioned, you know, seven million in the popular vote. And you know, the Electoral College. But what if it had been closer, right? Because what if it had been a narrower lead that got him to or over 270.
ELIAS: So that's a really interesting question. Because before the election, when people were saying that Joe Biden would have to win by a lot. I actually was saying, well that's not really fair. Right? The rules shouldn't be that one candidate gets to win by a little and the other candidate who win by a lot.
And I think I had more faith that leadership on the Republican side, the people who had been around a while, would have the good sense of catapulting democracy forward even in the case of post-election. That's what you usually see. You usually see even in a close election. You see the coming together of people of both parties and responsibility and catapulting democracy forward by instilling confidence in the results.
[22:39:58]
It's clear now that that didn't happen even when it was a wide lead. So, I shudder to think what it would have looked like had it been narrow. I mean, you know, you had, the fact that you have Senator Blunt saying, well, which is we don't really know, or it doesn't matter who the president-elect is. I mean, that's just shameful. What Mitch McConnell is doing is just shameful. And so, yes. I do worry a lot more now about what a close election would look like.
LEMON: Well, let's talk more about the enablers. Because I think that is the only reason he's able to get this far.
ELIAS: Yes.
LEMON: Because he has a media machine, a conservative media machine network behind him. Although they're mad at one of the networks because they're not going, you know, crazy enough. Right? But he's got political leaders who are his enablers now. Those people, they know that he lost. What do you say to that? Why are they're doing it? What do you say to these people who are enabling him?
ELIAS: I just think it's disgraceful. I mean, I just think it's disgraceful. I mean, the fact is I was general counsel to Secretary Clinton's presidential campaign. I was the general counsel to John Kerry's presidential campaign in 2004. It never occurred to them. It never occurred to any of them to behave this way.
I mean, you know, sure. Did we look on election night at what the returns were and whether there was a path, you know, I think in 2004 we looked at it overnight. But by the next morning, we bowed to reality. And we, you know, Secretary Clinton gave a very gracious concession speech the next morning.
It's just shameful that there's no Republican who is really willing to stand up and just say what Trump is doing is wrong.
LEMON: Are you looking ahead to the Georgia special election? And are you bracing for that?
ELIAS: I am. So, you know, a lot of work that I've done has been to protect voting rights before the election. You know, we brought a large number of voting rights cases before the election to try to prevent disenfranchisement. And one of the concerns I have both for the Georgia run-offs and then beyond, is that you are going to see Republicans now use this false narrative that they've created to humor Donald Trump as a spring board to now engage in voter suppression in the future.
So, just earlier today, the RNC announce that it was filing a lawsuit in Georgia to, among other things, to continue the Republicans' odd war on drop boxes. I'm not sure why they picked drop boxes as the thing to declare war on but they have.
LEMON: Marc, again, I am so happy that you're here and thank you. Please come back.
ELIAS: I'd love to.
LEMON: Thanks for helping safe democracy. Thanks so much.
ELIAS: Thank you.
LEMON: Be safe.
ELIAS: Thanks. You, too.
LEMON: So, Colorado's governor and his partner both contracting coronavirus. Governor Jared Polis speaking out for the first time since his partner was hospitalized and he is doing it right here, that's next.
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LEMON: Coronavirus hospitalizations spiking in this country. As of tonight, 104,600 Americans battling this horrific virus in the hospital. That's a new record.
And unfortunately, the governor of Colorado knows how many of those people's loved ones are feeling tonight. Governor Polis's partner of 18 years Marlon Reis just returned home from the hospital today after struggling with coronavirus symptoms. They were both diagnosed with COVID-19 over a week ago.
Colorado's Democratic Governor Jared Polis joins me now. Governor, thank you. I'm happy to hear that your partner Marlon is home from the hospital. So, how is he feeling? How are you doing?
GOV. JARED POLIS (D-CO): He's great. He's just across the room watching us in our home studio. He's relieved to be home. We, the kids are glad he's home. We're all just so glad he's back. He was one of the luckier ones. He only had two days in the hospital and thankfully, he's not perfect but feeling a lot better and we're just, he wants everybody to wear masks and avoid others so people don't have to go through what he went through or worse.
LEMON: It brings a smile on my face to know that you're doing OK. Eighteen years, man, you're in it. You're in it to win it, right.
POLIS: When you come down to Colorado sometime, you'll have to meet him, Don. He's a wonderful man.
LEMON: I'd love to. And the kids. Thank you very much for that. I appreciate it.
So, do you -- do you have any idea how you were both infected with the virus, Governor?
POLIS: You know, we had an exposure that we knew about. There were another couple of exposures that were at a greater distance and then of course, it could have been anywhere. Nobody can tell exactly where they get it. There are certainly possibilities but, you know, no one ever knows.
LEMON: As soon as the FDA signs off, Colorado is getting nearly 47,000 doses of the Pfizer vaccine. Not nearly enough to vaccinate all the hospital workers and people in long material care facilities in your state. How are you going to handle that?
POLIS: You know, we had a call with legislators earlier, we said why don't we get the government to prioritize states from highest to lowest in that way Colorado will get our dose. But yes, of course, it's being done by population. We are prioritizing of course those in residential care, our frontline medical workers, the vaccine won't be available for members of the general public and others until early next year.
But what a wonderful morale boost that it will be going in arms. People will be building immunity. I hope the people when they see that very visually over the next few days and weeks, that will inspire us to maintain social distancing and wear a mask for another few months.
LEMON: Let's talk about what the president-elect is doing. Laying out his plans to fight coronavirus in his first 100 days in office. It includes a mask mandate, getting at least 100 million Americans vaccinated and opening schools.
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Do you think this will make a difference in you state?
POLIS: We started a back-to-school task force to try to return in- person education to as many Coloradans as we can for next semester. Many schools have been back this entire year, others have been in and out, but especially the elementary and middle level that many of our districts have been back.
I'm excited by the support, more vocal support let's say from the president-elect about wearing masks. The current president has been sort of hot or cold on it. It depends on what he's feeling at the moment. I think we can expect more consistent, thoughtful leadership from the president-elect, and ultimately that will save lives.
LEMON: Governor, thank you. I'm glad that both of you are doing well. Continue to improve and get even healthier. Thank you, and be safe, your entire family.
POLIS: Thank you, Don.
LEMON: Thank you so much.
POLIS: Thanks, Don.
LEMON: So, listen, you know I always, I'm very honest with you about this, not that I had to mention it. But I was just thinking about how long I've been at CNN, since 2006, and I remember nobody was out. Nobody talked about being gay, I wasn't even out. And here I am talking policy with a governor of a state who has been with his partner for 18 years and they have kids.
And just like normal. Everyday. That wasn't possible not that long ago. So, while I was sitting doing that interview, I was thinking about that. So, think about how far we've come. Can't go backwards. Let's not do that. So very grateful for that that we could do that.
Meantime, another Trump lawyer testing positive for coronavirus, and take this, she went to a White House holiday party just a few days before.
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LEMON (on camera): Take this. Trump campaign lawyer Jenna Ellis has coronavirus. Here she is last week at a hearing in Michigan, maskless, really close to Rudy Giuliani who is now in the hospital with COVID.
An official telling CNN that Ellis went to a White House holiday party on Friday. Ivanka Trump, Jared Kushner were guests at the same party. It was only last Thursday on this show when we reported the packed White House holiday party schedule. There are more than a dozen parties planned. There are videos from some of them with no social distancing, no masks.
So, do you think serious precautions were taken at Friday's event? Do you think people who attended the party with Ellis are now worried about being sick? Time and time again, the White House has shown it has not learned anything about the virus, even after several coronavirus outbreaks. Even after the president was taken by helicopter to the hospital because he was so sick.
The White House and many of its allies have presented a master class in what not to do in a pandemic. Especially this holiday season. Showing us all why no one should have parties and why no one should go to parties. That's because you can get sick. You can get someone else sick. And the consequences can be deadly.
The Supreme Court handing the president a huge defeat tonight. So why are Republicans still egging him on to keep fighting the election he's already lost? Stay with us.
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