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Don Lemon Tonight

Biden Speaks Directly To Americans At CNN Town Hall; Biden Says The Nation Is Not Divided; Interview With Rep. Lucy McBath (D-GA) About Her Letter To Her Late Son; Trump Rips McConnell After Senator Blames Him For Riot; NAACP Sues Donald Trump And Rudy Giuliani; Attacks Against Asian-Americans Surge Amid Pandemic. Aired 11p-12a ET

Aired February 16, 2021 - 23:00   ET

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

[23:00:00]

DON LEMON, CNN HOST (on camera): The top moments promising that 600 million people -- 600 million doses of the coronavirus vaccine will be available by the end of July and saying that life in America may be back to normal by Christmas.

And as the president of the United States speaks to Americans, the former president rages from exile in Florida, attacking Mitch McConnell and threatening any Republican who sides with the GOP leader, quote, Mitch is dour, sullen, and unsmiling political hack. And if Republican senators are going to stay with him they will not win again. That as we are learning tonight that the former president is also out on the outs with Rudy Giuliani. We are going to tell you why, all of that.

So, I want to bring in now CNN's chief White House correspondent, Kaitlan Collins. CNN senior political analyst, senior political reporter Nia-Malika Henderson, and contributor Evan Osnos, he is the author of the book Joe Biden: the life, the run and what matters now.

Good evening to all of you. Kaitlan, hi, good to see you again. Long time no see. So, I'll start with you. So, President Joe Biden made --

KAITLAN COLLINS, CNN WHITE HOUSE CORRESPONDENT (on camera): (Inaudible) 30 minutes.

LEMON: Yes, I know, right. It lasted, yes about 30 minutes. So, the president made news tonight on vaccines, getting back to pre-pandemic life. Give us some of the headlines.

COLLINS: Yes, when it comes to vaccines, he was asked by Anderson when is it going to be that there are enough vaccines for anybody who wants one to get one. And for that time line he said that's end of July. You know, just earlier today we heard Dr. Fauci said it could be around May or June when it starts -- those restrictions of who can get one starts to fall away. But President Biden said end of July is what they're looking at.

But Don, he had that really important caveat that that does not mean everyone is going to have one by the end of July because then, of course, the next challenge is going to be actually administering those vaccines. So that's going to be a big question. But what you said about Christmas that was some newsworthy headlines that Biden made there.

He was asked when is this actually going to start to look like normal again. When will life start to look like normal again, and he said that he believes it's around Christmas when you're going to start to see those differences in the restrictions of what people can do, how they can gather, those kinds of situations.

And that's a surprising time line given what we've seen from when the vaccines are going to be available. But that's what president Joe Biden says he's gleaned from meeting with his experts and having those conversations.

LEMON: So -- he talked about getting kids back to school. How does this compare to what we have seen and what we've been hearing from his administration?

COLLINS: So this is a really good question because this is a massive debate happening in the country right now. And the other day we heard the White House press secretary define Biden's campaign promise of getting the majority of schools reopened in his first 100 days as having most schools open at least one day a week for physical, in the classroom learning.

And of course, that seems to be a pretty far cry from what he said on the campaign trail. And he said tonight that was a miscommunication. He said his goal is to have K-8 in schools by the end of those 100 days five days a week. He said that's what he wants a majority of that. So, the question of what that's going to look like by the end of 100 days is still a big one, Don.

And high schools he said is another matter given the level of spread that changes from the age group of the children. And then he even suggested this idea of having summer school potentially as basically another semester in school given how much time in the classroom children have missed out on in this last year. So, I think still a lot of questions, but he said that his goal about what a majority of schools being open is still five days a week by the end of his first 100 days for k-8.

LEMON: Nia, I want to ask about the package for getting COVID relief and getting Americans back on track. Did he make the case? Do you think the president made the case for this $1.9 trillion package and money for the American people?

NIA-MALIKA HENDERSON, CNN SENIOR POLITICAL REPORTER (on camera): What's interesting about this package that he has proposed is that it's actually widely popular among Americans. 60 percent, 70 percent almost approve of this. It's also popular among Republican Governors and state and local officials because it will mean something for their municipalities to help them through this health and economic crisis.

The question is, has he convinced people in Washington? Republican Senators, some of whom have signaled that they may be open to a smaller package, a more piecemeal effort. And you saw Biden there saying, now is the time to go big.

He's got the votes mainly from Democrats, or some Democrats, moderate Democrats, people like Joe Manchin, who might be on fence on somebody's issues. But by enlarge it looks like he's going to be able to get this through with just Democratic votes and not need Republicans at all.

[23:05:00]

But I do think he did connect with Americans. He connected particularly with that little girl, for instance, where he, you know, assured her, don't be scared. You likely can't get COVID. You won't get it from your parents. So that I think real human touch and displayed tonight was really crucial.

LEMON: Nia, can we listen to that? Since you brought it up, let's listen to it and then we'll finish off. Here it is.

HENDERSON: Yes.

(BEGIN VIDEO CLIP)

UNKNOWN: My daughter Leyla, eight, here. And my son Mateo, 7 at home. Often asked if they will catch COVID and if they do, will they die. They're watching as others get the vaccine and they would like to know, when will kids be able to get the vaccine?

JOE BIDEN, PRESIDENT OF THE UNITED STATES OF AMERICA: Well, first of all, honey, what was your first name?

LEYLA (ph), KID ASKING QUESTION TO PRESIDENT BIDEN: Leyla.

BIDEN: Leyla. Beautiful name. First of all, kids don't get COVID very often. It's unusual for that to happen. And it's not likely mommy and daddy are able to spread it to you either. So I wouldn't worry about it, baby. I promise you. But I know it's kind of worrisome. Are you in first grade, second grade?

LEYLA (ph): Second.

BIDEN: You're getting old. Second grade. Well, have you been in school, honey?

LEYLA (ph): No.

BIDEN: No. See, that's kind of a scary thing too. You don't get to go to school, you don't get to see your friends, and so what a lot of kids -- and I mean, big people too, older people, they juts -- their whole lives just sort of changed like when it's used to be. You used to go outside and play with your friends and get in the school bus and go to school and everything was normal. And now when things change, people get ready worried and scared. But don't be scared, honey. Don't be scared. You're going to be fine. And we're going to make sure mommy is fine too.

(END VIDEO CLIP) LEMON (on camera): It is important to see that empathy coming from the

president of the United States right now?

HENDERSON: So important not only for kids, for average Americans too, adults. I think a lot of Americans are hitting a bit of a brick wall in terms of dealing with this pandemic. It has changed our lives drastically, almost half a million dead from this and many thousands more infected and sick.

And so a real moment in classic Joe Biden. This is forum that he has shined in because he's just a man of fundamental human decency. He himself has gone through difficulties in his own life, so he is able to relate to people in similar situations. So a real, real touching moment for him that I think a lot of Americans draw some relief from. Don't be scared, help is on the way, and part of that help is obviously this almost $2 trillion relief package that he is hoping to get through the Senate next month.

LEMON (on camera): Yes. I'm glad you brought up that little girl so we could play that and have the American people hear it. Kaitlan, I want to play another moment from the town hall. Biden was asked about his predecessors. Here it is.

(BEGIN VIDEO CLIP)

UNKNOWN: Have you picked up the phone and called any former president yet?

BIDEN: Yes, I have.

UNKNOWN: Do you want to say who?

BIDEN: No, I don't. They're private conversations, but by the way, all of them have with one exception, picked up the phone and called me as well.

(END VIDEO CLIP)

LEMON (on camera): OK. So we know who he probably called, all of his former predecessors, Kaitlan. I mean, duh, I mean, it really says so much, doesn't it?

COLLINS: I don't know, someone joked on my Twitter feed tonight that it was maybe Jimmy Carter who had not called President Joe Biden yet.

(LAUGHTER)

LEMON: Maybe it was Barack Obama.

COLLINS: Without saying it. I think without saying it, the implication was clear, especially given how we've seen how former President Trump has responded, given his second impeachment trial happening this week. But that was a notable moment tonight of just how much President Biden did not want to talk about his predecessor.

And we were talking earlier, you know. Donald Trump kind of loomed in the background of his first several weeks in office, given that trial, given his comment, his refusal to acknowledge Biden or even call him as he pointed out tonight.

And so, I think what you're seeing here is kind of this turn to where it is now all the focus is going to be on Biden and his agenda and how they handle this pandemic and vaccine distribution. And at one point in the night he referred to former President Trump as that former guy when he was asked in other situations, he said he just doesn't want to talk about him. So, he is willfully trying to turn the page from those four years in office.

LEMON (on camera): Well, there's something I have to agree with. And I wondering if he was talking about us because he said the next four years should be about the American people. I'm done talking about Donald Trump. I mean, there is a whole lot of truth in that. There's one president in office at a time. Nia, the president was also asked about division in the country. Take a listen.

(BEGIN VIDEO CLIP)

BIDEN: The nation is not divided. You go out there and take a look and talk to people. You have fringes on both ends. But it's not nearly as divided as we make it out to be. And we have to bring it together.

[23:10:00]

You may remember how trouble I get in and I said, there were three reasons I was running. One to restore the soul of the country, decency, honor, integrity, talk about the things that mattered to people, treat people with dignity. Secondly, I said to rebuild the backbone of the country, the middle class and this time bring everybody along and have a chance, and the third reason was unite the country.

On my own primary, I got -- unite the country? What are you talking about? You cannot function in our system without consensus other than abusing power at the executive level. So, I really think there's so many things that we agree on, that we don't focus enough on, and that's in large part, I think, because we don't just condemn the things that are so obviously wrong.

(END VIDEO CLIP)

LEMON (on camera): So this nation is not divided? Really?

HENDERSON: I know. I have to say, I had the same reaction that you did. This is him really trying to paint a much rosier picture than actually exists. This is a country that is incredibly divided along party lines, which also overlap with racial lines, along class lines, which also obviously have a racial component as well. It's incredibly divided.

There are two different parties that have two different takes on reality. One sort of lives in reality and the other doesn't. One sort of floats with conspiracy theories and another doesn't. So listen, I mean, Joe Biden knows that the country is divided, otherwise he wouldn't be saying that this is a battle for the soul of America and that there needs to be some unity.

So there was a bit of, you know, painting a much brighter picture, I think, than actually exists in this country because there's so much work to do. And Joe Biden knows that, right? This is a president who talks more about systemic racism than any other president we've seen in this country's history, he knows what is that meant for the ways in which black and white people live differently and are treated differently in this country.

So this notion that America is just one big happy country, that isn't born out by the way Americans lived and, frankly, that's never been the case in American history. You can't really point to any period in American history where there was, you know, sort of this Kumbaya spirit, you know, where everybody was getting along and everybody felt united and equally invested in the country and equally protected in this country either. So there you had Joe Biden, I think, a little off message and not really a leveling with the American people that was always going on.

LEMON: It was a good old college try, as we say, Nia. But I think you're right on in your point. I mean, you think about it, you know, we do have divisions now, and the divisions are stark, but also not that long ago we had a division we had separate water fountains and that certainly was a huge divide as well. Thank you very much, both of you. Good to see you. Kaitlan, I mean, any more appearances you want to make on the show before it's over?

COLLINS: Thanks, Don. I'll hang out here just in case you want me to come back.

(LAUGHTER)

LEMON: All right. You guys be safe. It's good to see you. Take care.

So president Joe Biden calling for what he calls common sense gun law reforms. Next, I'm going to talk with Congresswoman Lucy McBath. You might remember her son, Jordan, was shot and killed in 2012 by a man who complained about his loud music. The Congresswoman writing an emotional open letter to her son today on what would have been his 26th birthday.

And here's what she writes. She says I do this work for you now to honor your legacy and make sure that young people like you have a bright future and a chance to thrive. Congresswoman Lucy McBath, there she is. I can't wait to talk to you. That's right after this break.

(COMMERCIAL BREAK)

[23:15:00]

LEMON: President Biden tonight and his CNN town hall calling on the United States to deal with systemic racism. He also condemned the rise of white supremacy. Joining me now, Democratic Congresswoman Lucy McBath.

Congresswoman, thank you so much for joining. I really appreciate it and I can't wait to have this conversation with you. There's so much to talk about. And you heard the president tonight addressing issues of racial justice in this country. How important is it to hear -- is that to hear from the leader of this country?

REP. LUCY MCBATH (D-GA) (on camera): Extremely and vitally important to hear that, Don. These are the kinds of words and sentiments that we've needed to hear. And yes, there's a great deal of work that needs to be done with the divisiveness and the rhetoric that we've heard over the last four years.

So to hear that this administration is willingly and really wanting to make sure that they're dedicated towards moving us in a direction where we are beginning to make sure that there's equity for everyone and there's a sense of respect and decency for every person in this country is long overdue and I'm really glad and excited to see the country moving in this direction.

LEMON (on camera): The president is also promoting his COVID relief plan. Listen to what he said.

(BEGIN VIDEO CLIP)

BIDEN: The fact is that the economy now has to be dealt with. Look at all the people. You have over 10 million people unemployed. We need unemployment insurance. We need to make sure that, you know, you have 40 percent of the children in America are talking about food shortages.

60 percent of the - did you ever think you would see a day in Milwaukee, you'd see in the last six months people lining up in their automobiles for an hour or for as far as you can see to get a bag of food? What -- I mean, this is the United States of America for God's sake. We can't deal with that?

(END VIDEO CLIP)

LEMON (on camera): Congresswoman, do you think more public support could pressure some Republican lawmakers to get on board?

MCBATH: Absolutely. I think we need to be doing everything in our power right now to make sure that we support relief that is so badly needed for the American citizens.

[23:20:04]

People are still hurting as the president has said. It's going to take some time for us to be able to come through this pandemic successfully, making sure that everyone -- there's no, you know, food insecurity, that our children are educated again, making sure our frontline workers are safe as they're providing provisions and services to us. We've got a long way to go.

LEMON: So let's talk about the $15 minimum wage because Biden making the case tonight, but there are moderate Democrats in the Senate like Joe Manchin who aren't on board with this. What will the House do if the Senate sends back a bill that strips the minimum wage increase? MCBATH: Well, I believe that, you know, of course we cannot control

what the Senate does, but I know that the House has been committed for some time in making sure that we are increasing the minimum wage. Of course no one can afford to live on $7.25 an hour. And we have to make sure that people have a livable wage, especially now with COVID-19.

People are suffering, and so we got to make sure that we are putting people in a position where they are able to thrive again, making sure that they have a livable wage. That they can take here or put food on their table, make sure their children are educated. That is the direction that we need to be going forward too.

And so, I know that my colleagues and I in the House are committed towards making sure that we are giving people that sense and that ability to have a livable wage to be able to make sure that the economy works for them.

LEMON: I want to talk to you about something that's very difficult. But it is you have made it the mission of your life, one of the reasons you became a Congresswoman, maybe the reason, and that is I want to talk about your son, Jordan's 26th birthday today, right?

He was senselessly killed back in 2012 after being shot by a man who complained about loud music coming from a car that Jordan was in. And you posted a moving letter to your son on Twitter. And I just, I want to read part of it, OK?

You said, I do this work for you now, to honor your legacy and make sure that young people like you have a bright future and a chance to thrive. To fix the laws that have created this gun violence epidemic, to confront systemic racism, to address the climate crisis, and all that ails America.

Do you have confidence, confidence, Congresswoman that progress will be made on those issues with a Biden administration now in place?

MCBATH: I have absolute confidence. And as President Biden has stated over and over again, he has laid out his complete national plan going forward as to what he expects to be able to accomplish within the next four years. And he's a man who truly, really cares. He has got a wealth of experience, all the years, politically he's been working on these kinds of policies.

So this is nothing new to him, and he has the compassion and the wisdom and the sense of determination and strength that it takes to really kind of bring the country back together. And so I have no doubt that he will work as quickly as he possibly can.

But there, again, as he's stated, it's going to take time. It's going to take time to heal the wounds that ail us now as Americans. And so I look forward to being able in Congress to help him put forth all the efforts and policies that we need to put America back on its feet again.

LEMON: Yes. We're looking at beautiful pictures of Jordan. Is that one right over -- right behind you? MCBATH: Oh, yes. Actually, I'm so proud. This is a brand-new piece of

artwork that was given to me, actually, today by a beautiful artist here in Atlanta.

LEMON: Wow. I had no idea. I just noticed like that is a really beautiful piece and I think its Jordan behind her and I wanted to ask. I couldn't see through your head, but it's really -- it's really beautiful. Thank you for telling us that, Congresswoman.

MCBATH: Thank you.

LEMON: Let's talk more about gun violence, because this is your mission. Sunday was the third anniversary of the Parkland shooting. President Biden put out a statement calling on Congress to enact common sense gun laws, including banning assault weapons and high- capacity magazines. How does this get done with Republican opposition in a 50/50 split in the Senate?

MCBATH: Well, of course I know that we can't control the Senate. We can't control what they do, but I know that we've already had some success in the House. Of course last year with the CDC, I was able to lead a letter with all my colleagues, which actually helped to secure $25 million for the CDC to study the effects of gun violence.

[23:25:00]

So we are making some progress. And I do believe that based upon what we've seen with, you know, the insurrection at the Capitol and the everyday gun violence, not just only mass shootings, but the everyday gun violence, the country is still continues to be plagued by in our communities, I truly believe my Republican colleagues in the Senate also know that this is not a Democratic issue, this is not a Republican issue. This is a public health crisis that has to be addressed.

And that I don't believe there's one person that can honestly say they don't know of someone or some instance within their community, family, or whatever, that someone has not been affected by gun violence. So, I know that I will continue to work as hard as I possibly can. I'll be talking with my -- talking with Republican Senators myself trying to really help move the needle forward and continuing to do everything that I can to make sure that I'm saving as many lives as I can.

LEMON: I am so thankful that you're here and grateful that you would share today especially with us and with our audience, with the American people. Thank you, Congresswoman. Be well.

MCBATH: Thank you. You too.

LEMON: Next, a former president coming out with a nasty personal takedown of Senator Mitch McConnell. No surprise, right? Declaring war on his own Party, and ahead, why the NAACP is suing Trump.

(COMMERCIAL BREAK)

[23:30:00] (COMMERCIAL BREAK)

LEMON: So as President Joe Biden was answering questions from Americans in our town hall, the former president ripped into Mitch McConnell with a blistering personal attack, calling him a dour, sullen, and unsmiling political hack, going on to say that if Republicans senators are going to stay with him, they will not win again -- aren't going to stay with him, they will not win again, and even threatening to get involved in primary challenges against Republicans who didn't support him, writing that he will back primary rivals who espouse making America great again and our policy of America first.

Joining me now is CNN political commentator Amanda Carpenter and Brendan Buck, a former top aide to Paul Ryan. Good evening.

I just --

(LAUGHTER)

LEMON: I mean, y'all, you know. Can he just go away? I mean, he's such so -- he's such a negative force. It's like we have such a great conversation about getting the American people back on track, trying to get the coronavirus behind us, and then we have him calling somebody dour and -- it's just -- it's just disgusting.

Brendan, I'm sorry. President Trump -- I mean, he just fired a warning shot, threatened to keep other Republicans in line. Is this going to work? How much longer is this going to work when he doesn't have the bully pulpit and he has been stained by insurrection?

BRENDAN BUCK, FORMER TOP AIDE TO REP. PAUL RYAN: Well, I don't think there's any real evidence that his power has waned at all since he left office. There was a poll out just this morning that showed him with 53 percent of the vote among Republicans wiping out the other 20 or so that they talked about.

But I actually am really excited about this conflict between Donald Trump and Mitch McConnell. Look, there aren't a whole lot of people who are --

LEMON: You look excited, Brendan.

BUCK: -- going after the president.

LEMON: (INAUDIBLE).

BUCK: Yeah, I am excited because, look, this was always going to be messy. If we are going to move on from Donald Trump, it was going to be messy. There was going to have to be conflict. There was going to have to be Republicans being the ones who take him on.

Look, we can sit here all day and talk about our problems with Donald Trump, but people who support him, live in little ecosystem bubbles, they don't hear us, they don't hear us screaming, you know, that we're so fed up with what he did tonight and all of these things. You need Republicans going after him. You need people like Mitch McConnell who are willing to say it. I know Amanda probably doesn't want to give Mitch McConnell too much credit for it because, you know, he's not pure on this, but we can't wait for purity. We need anybody we can get who will finally say something.

LEMON: Amanda, I do think he has a point. You do need Republicans like Mitch McConnell going after him. Go on. You don't have to give him --

AMANDA CARPENTER, CNN POLITICAL COMMENTATOR, FORMER SENIOR COMMUNICATIONS ADVISOR AND SPEECHWRITER FOR SENATOR TED CRUZ: Yeah, I would like --

LEMON: -- a medal for it.

CARPENTER: -- I would like to see Mitch McConnell do it because Mitch McConnell is the person that backed President Trump in two elections and acquitted him twice. So no wonder Trump and the rest of the MAGA media universe is mad at Mitch McConnell because it seems like a betrayal. I mean, I just don't know -- yes, I want people to fight Trump and Trumpism, but we need to be very clear about what we're fighting.

The substance of Donald Trump's long release today was not about calling Mitch McConnell nasty names. He was setting up a litmus test for the 2022 primaries which revolves around the big election lie. He's laying the groundwork now. And I guarantee you that will be the litmus test for Trump support in 2022.

Who won the election? Donald Trump? Was it a fair election or was it rigged? These are not questions that many Republicans can answer clearly yes or no, Biden or Trump, fair or rigged. That deeply concerns me.

And part of the reason that it's so ingrained on the republican side is because people like Mitch McConnell went along with it for so long. And even today, while Mitch McConnell gives that big speech on the Senate floor about how we have to move on, he's giving interviews, saying, well, you know what, I'll back whatever Republicans can win.

So, OK, is he going to back Lara Trump when she wins republican nomination in North Carolina campaigning on the big lie? Hey, I guess so. So, you know, don't tell me he's too excited in welcoming Mitch McConnell to the fight quite yet.

[23:35:02]

LEMON: Yeah. It's so -- it's mind-boggling to me considering all of the court cases that were lost by Republican judges, Republican electors, Republican secretaries of state, and people -- Trump appointed some of them, many of them, and the Supreme Court that people are still saying the election was stolen or rigged. It is like --

CARPENTER: Reality versus not reality. It should be an easy thing to have. I welcome it, too.

LEMON (on camera): Yeah. Listen, Brendan, Fox News, Sean Hannity, critical of McConnell, even going as far as suggesting that Republicans in the Senate might need new leadership. Here it is.

(BEGIN VIDEO CLIP)

SEAN HANNITY, FOX NEWS HOST: Clear the seven Republican senators have voted to convict Donald Trump and other Republicans who have turned their backs on the former president are way out of touch with the base of their own party. Where is the sanctimonious Mitch McConnell? The time is now coming for new leadership in the U.S. Senate.

(END VIDEO CLIP)

LEMON (on camera): Brendan --

(LAUGHTER)

LEMON: -- Mitch McConnell, of all people. I mean, like -- it's just -- he carried so much water. I'm sure his arms must hurt. He should have giant muscles.

BUCK: Yeah.

LEMON: Can they really replace McConnell?

BUCK: Well, there's very little Donald Trump accomplished that you can't thank Mitch McConnell for actually getting done. But this actually feels very quaint and sort of like it's normalizing.

Sean Hannity's entire shtick is going after republican leadership and telling Republican voters why they're bad. This isn't a fair fight for Mitch McConnell. I don't want to suggest that it is. He's got people like Sean Hannity and all kinds of senators who will probably take Donald Trump's side.

But I think Mitch McConnell understands that. Mitch McConnell is just a political animal. I think we have to accept that's what he is. When he's looking at it and saying I don't want to elect maybe like a Kelli Ward in Arizona or nominate them where you know they're never going to win, I think taking -- you know, being somewhat a realist when it comes to the politics of it is actually the best we could hope for.

We can't just assume that poof is all going to go away. We need to take steps towards becoming a normal party again, and I think that starts with at least having that fight. So I'm glad he's doing it.

LEMON: Brendan is excited about this rift between Trump and McConnell. Look at that. This is glee for him. That's excitement.

CARPENTER: I'm just not sure where the rift is. I mean, I just -- where is the meat on the bones for this fight?

LEMON: There is no -- you're right, there's no --

CARPENTER: -- picking a fight on? I'm confused.

LEMON: There's no real there except that he said that the president is responsible. But yet and still, he still voted to acquit him and he voted with the president, like, 99.999 percent of the time.

BUCK: This is the -- this is the highest-ranking Republican in the country saying that the former president of his own party is responsible for an insurrection, was feeding people lies.

LEMON: Yeah.

BUCK: I know that you wanted him to be there earlier, but we got to take any converts that we can get in anybody --

CARPENTER: Yeah --

BUCK: -- side if you're going to be able to make the point.

LEMON: I got to go, Amanda.

CARPENTER: My question is, how does that draw the line for the people that want to follow Trump's playbook and campaign on a fraudulent election in future races? That's my big outstanding question.

LEMON: Yeah. Well, we'll have to see about that. Let's see who runs next. I'll see you guys soon. Thank you very much.

So senators didn't convict Trump, but could the NAACP beat him in court? They're suing him for inciting the insurrection at the Capitol. Plus, a spike and disturbing attacks on Asian Americans sparking urgent calls for action.

(COMMERCIAL BREAK)

[23:40:00]

(COMMERCIAL BREAK)

LEMON: So the former president is facing new legal trouble over the Capitol insurrection. House Democrat Bernie Thompson -- Bennie Thompson, excuse me, filing a lawsuit earlier today backed by the NAACP against Trump and Rudy Giuliani.

The suit is accusing them of conspiring with the far-right groups, the Proud Boys and the Oath Keepers to incite the attack on January 6th. The suit cites a law from right after the Civil War that was designed to protect elected officials from Ku Klux Klan intimidation.

Team Trump is still claiming the president didn't incite violence, so let's talk about that. NAACP president and CEO Derrick Johnson is here and CNN legal analyst Elie Honig. Gentlemen, thank you for joining. Sorry, our time is a little short. You know, we had the town hall that squeezed us a little bit. So I apologize in advance.

Derrick, I am going to start with you, though. You know, we saw symbols of hate marching through the Capitol that day, the confederate battle flag, a new setup outside, a gallows, and last week, we learned shocking details about what black officers experienced.

This obscure anti-Klan law was designed to protect lawmakers from intimidation and violence. But why do you think this law in particular would be effective? Why this approach, sir?

DERRICK JOHNSON, PRESIDENT AND CEO, NAACP: The law was created to ensure Congress persons could carry out their duties free of intimidation and threats. It came in the backdrop of the Civil War to protect southern lawmakers who were seeking to reunify the country.

As we have learned after decades of experience, much of the domestic terrorism that we see across this country is rooted in white supremacy. So we find it's important for us at NAACP, our legal department, to represent Congressman Thompson and other members of Congress to ensure they are able to carry out their duty to make sure our democracy is protected.

[23:45:04]

LEMON: Elie, could this civil case succeed where impeachment stalled?

ELIE HONIG, CNN LEGAL ANALYST: Absolutely, Don. So basically what the NAACP has to prove here is essentially that Donald Trump and Rudy Giuliani were responsible for and caused that riot.

And if you remember, I mean, it was just last week. I think the impeachment trial established very clearly, even people like Mitch McConnell who voted not guilty, agreed that yes, Donald Trump was responsible for what happened there.

So, if the NAACP can essentially reprove what the House managers already proved last week in court, they're going to have a real shot at success here.

LEMON: I want to talk about, Derrick, the Proud Boys and the Oath Keepers named in this lawsuit. What do you hope this process of discovery will reveal about these extreme groups?

JOHNSON: Well, it can show the extent in which there was a conspiracy to disrupt the peaceful transfer of government. It can also help us highlight how to curb this type of domestic terrorism for the future.

We know that if we do nothing and not hold people accountable, we only open ourselves up to future acts of violence and ways to (INAUDIBLE) our democracy. But if we take aggressive action where Congress failed to do so, particularly Republicans in the Senate, we can, in fact, begin to heal this nation. We cannot get to healing until we have accountability. The lawsuit is about accountability.

LEMON: This lawsuit, Elie, is alleging conspiracy both about the timing of the speech and the way Trump sent out his message. How tough is it going to be to prove?

HONIG: Well, look, discovery is going to matter here, as Derrick just talked about. One thing I'm actually interested in, whether the NAACP is going to try to depose not just Donald Trump and Rudy Giuliani but other people who might be able to prove what Donald Trump was doing during those key times, McCarthy, Meadows, Tuberville, that could be part of this process.

If the NAACP intends to pursue those depositions under oath, they can shed a lot of light as to what was really going on behind the scenes. I am interested to see if they actually pursue that.

LEMON: Elie and Derrick, thank you so much. I appreciate it.

HONIG: Thanks very much.

LEMON: Unprovoked violent attacks against Asian Americans spiking amid the pandemic. The disturbing story next.

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[23:50:00]

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LEMON (on camera): A young man is under arrest in San Francisco, charged with murder in the death of an elderly immigrant from Thailand. It's an attack that the district attorney calls horrific and senseless. Asian Americans say it is part of a growing pattern of hate and violence brought on by the COVID pandemic. I have to warn you that some of the video that you're about to see is graphic. Here is CNN's Kyung Lah.

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UNKNOWN (voice-over): Birthday, dear grandpa --

KYUNG LAH, CNN SENIOR NATIONAL CORRESPONDENT (voice-over): Turning 84 was a milestone for Ratanapakdee and his family.

UNKNOWN (voice-over): Ooh, happy birthday, grandpa.

LAH (voice-over): The San Francisco grandfather had just received the vaccine and stayed healthy through the pandemic, walking for an hour in his neighborhood every morning. It was on his walk when an unprovoked attacker ran across the street.

(On camera): How did you find out what happened to your father?

MONTHANUS RATANAPAKDEE, VICTIM'S DAUGHTER: The officer answered the phone and then he told us like, they found him, got assaulted. He got an injury very bad about his brain, bleeding. And he never wake up again. I never see him again.

LAH (voice-over): A 19-year-old suspect is charged with murder and elder abuse. The Ratanapakdee family calls it something else.

ERIC LAWSON, VICTIM'S SON-IN-LAW: This wasn't driven by economics. This was driven by hate.

LAH (voice-over): Ratanapakdee's death is part of a surge and reported attacks against Asian Americans during the pandemic. In Oakland, a man walked up behind a 91-year-old man and threw him to the ground, one of more than 20 assaults and robberies like this one in Oakland's Chinatown.

In Portland, more than a dozen Asian-owned businesses in recent weeks have been vandalized. These incidents are not new. In New York, the MTA re-tweeted this video of what they called racism. This man sprayed Febreze at an Asian American on the subway at the start of the pandemic, prompting an NYPD hate crime investigation.

UNKNOWN: (Bleep) Asian piece of (bleep).

UNKNOWN (voice-over): Oh my god.

LAH (voice-over): A coalition has tracked more than 2,800 anti-Asian hate incidents between March and December of last year. Like this one at a California restaurant. Before the election, this man invoked President Trump.

UNKNOWN (voice-over): Trump is going (bleep) you. You need to leave.

LAH (voice-over): The then-president's words --

DONALD TRUMP, FORMER PRESIDENT OF THE UNITED STATES OF AMERICA: China virus kung flu --

LAH (voice-over): -- have lasting impacts, says Professor Russell Jeung, who tracked those 2,800 hate incidents through Stop AAPI Hate, because no governmental agency would.

RUSSELL JEUNG, PROFESSOR, STOP AAPI HATE: Mainstream society doesn't believe that we face racism. We need to document what is happening.

UNKNOWN: We're offering our support to the community.

LAH (voice-over): Identify and change them, says this group of bay area volunteers, offering escorts for the elderly --

UNKNOWN: (INAUDIBLE).

LAH (voice-over): -- and offering a bridge to those who may not even know how to talk to the police.

DEREK KO, VOLUNTEER, COMPASSION IN OAKLAND: You take that rage and, like, let us do something, what can I do?

UNKNOWN (voice-over): Mm-hmm.

KO: And this is what we're doing.

LAH (voice-over): Vicha Ratanapakdee's daughter spent the last year ignoring what people said to her.

[23:55:03]

RATANAPAKDEE: You bring the COVID, screaming, spit on us. We just walk away.

LAH (voice-over): She won't do that anymore.

RATANAPAKDEE: He got to be proud about -- we protect a lot of other people in this city or the whole country.

LAH (on camera): The San Francisco Police Department has not charged the suspect in Ratanapakdee's murder with a hate crime because, as in many of the cases, it's so difficult to prove.

Activists believe that incidents of hate against Asian Americans in this country are probably far higher than anyone realizes, especially when you consider this community is often immigrant and has language barriers.

Kyung Lah, CNN, Los Angeles.

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LEMON: Kyung, thank you so much. And thank you for watching, everyone. Our coverage continues.

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