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Don Lemon Tonight

President Biden Calling On Senate To Pass Gun Laws; Enough Is Enough; GOP Lawmakers Tout Second Amendment Rights; Boulder Shooting Suspect Now Identified; Rep. Jason Crow (D-CO) Is Interviewed About Whether Carrying An Assault-Type Rifle Is Necessary In The U.S.; Action, Not Talk, Is What People Need To See; Nazi Supporter Rioter Remains In Jail. Aired 10-11p ET

Aired March 23, 2021 - 22:00   ET

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

[22:00:00]

(COMMERCIAL BREAK)

DON LEMON, CNN HOST (on camera): Hello, everyone. Thanks for joining us. This is CNN TONIGHT. I'm Don Lemon.

And you know, the question really is, let's be honest, when are we going to do something about it? When are we really going to do something about it? Finally going to say, enough? Enough Americans killed in the middle of what should have been a normal day.

(BEGIN VIDEO CLIP)

MAGGIE MONTOYA, COLORADO SUPERMARKET SHOOTING SURVIVOR: It all came crashing down, seeing someone I knew dead. Dead there that wasn't going to be able to walk out the door to her family or to walk out the store.

(END VIDEO CLIP)

LEMON (on camera): Enough. Enough Americans killed in the supermarket, at work, at church, at school, at a synagogue, at a concert, at a nightclub, at a movie theater. When are we finally going to do something about the gun violence that's killing us?

(BEGIN VIDEO CLIP)

RYAN BOROWSKI, COLORADO SUPERMARKET SHOOTING SURVIVOR: This feels like the safest spot in America, and I just nearly got killed for getting a soda, you know? And a bag of chips.

(END VIDEO CLIP)

LEMON (on camera): How many of us do that? How many people go to the convenience store, the deli, the supermarket for a snack, we sneak in. We know we're not -- even we're not supposed to eat that, but man I love having that candy bar in the middle of the day. I just want to buy that lotto ticket from the supermarket or from the deli or convenience store, the gas station. Just normal everyday activity. This Boulder supermarket shooting, the

second mass shooting with multiple deaths in a second week in this country. Coming after the shootings of eight people in the Atlanta area. Six of them Asian women.

The President of the United States, Joe Biden, calling on Congress to take action.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: The United States Senate -- I hope some are listening -- should immediately pass the two House- passed bills that close loopholes in the background check system. This is not and should not be a partisan issue. This is an American issue. It will save lives. American lives. And we have to act. We should also ban assault weapons in the process.

(END VIDEO CLIP)

LEMON (on camera): As he said it's not partisan. This is an American issue. This is an act of humanity. And we all know -- let's drop the partisan part of it. We all know that there are things that we can do to improve the system in this country for getting guns and what -- there's a way to do it without being partisan. There's a way to do it without the extremes on both sides.

Most Americans want it, but it's the politicians that's holding it back because they want to stay in power. But the fact is, what the president is saying, because of all of that, the partisanship, the division in this country, that is a very tall order.

Last year, the year of COVID -- think about this -- had the fewest mass killings in more than a decade. That is according to an A.P. data base. And now with pandemic restrictions being lifted, the mass shootings are starting again. And America is mourning again. We're in mourning right now.

The former President Barack Obama had this to say. He said, quote, "a once-in-a-century pandemic cannot be the only thing that slows mass shootings in this country. It's time for leaders everywhere to listen to the American people when they say enough is enough. Because this is a normal we can no longer afford."

As I was talking to my friend and producer today, we were saying, can we go back -- it's -- can we go back to normal but go become to normal without the mass shootings? That shouldn't be the norm. It shouldn't be that the people who work at the hospitals, law enforcement people, when this happens, you kick into gear and you know exactly what to do.

That shouldn't be -- as I was sitting here last night, as a member of the news media, mass shooting. Here's the formula on how to deal with it, every single time. We shouldn't be used to that. It shouldn't be a reflex that you know what to do. It should be something that's out of the ordinary. My gosh, what is happening? How do we handle something like this?

[22:04:56]

And we know the former president is right -- we cannot let deadly gun violence be the normal in this country. We cannot go back to that normal, not after a year of COVID where we lost so many people, not after a year of a deadly pandemic.

Here's what -- this is what normal should be. Instead of a shooting it should be a return to safety, right? We want to kids back in school. It should be a return to school and work. You want to go back to work, a return to people and places. The people and the places we love. Not a return to death and mourning.

That should not be normal. That can't be normal. We cannot let this be the normal.

Here's what the former first lady is say, Michelle Obama weighing in, and she's tweeting this. She said, quote, "I am heartbroken by these recent tragedies of gun violence and I just keep thinking about all the leaders who won't take a stand to save lives, and yet line up to pass bills to make it harder for us to vote."

Amen, Mrs. Obama. She's right. She's absolutely right. For far too many on the right, that's what it's all about. They don't have the courage to stand up for our lives but they want to take away your vote.

And meantime, tens of thousands of people die every year in this country in gun violence. There's a reason for that. There are reasons for that. One, easy access to powerful and deadly weapons.

Let's be honest, right? These weapons have one single purpose, and that's to kill and to kill multiple people in an instant. Why are we willing to tolerate an obscene loss of life -- friends, neighbors, coworkers, moms, dads, children? Remember after 17 students and teachers were killed in the Parkland three years ago? Remember?

(BEGIN VIDEO CLIP)

DONALD TRUMP, FORMER PRESIDENT OF THE UNITED STATES: You guys, half of you are so afraid of the NRA. There's nothing to be afraid of. And you know what? If they're not with you we have to fight them every once in a while. That's OK.

(END VIDEO CLIP)

LEMON (on camera): So, what happened? This just a few weeks after those 17 students and their teachers died. Here it is.

(BEGIN VIDEO CLIP)

TRUMP: You're second amendment rights are under siege. But they will never, ever be under siege as long as I'm your president.

(END VIDEO CLIP)

LEMON (on camera): So, here we are again. The right just ramping up the rhetoric without being willing to do anything about the gun violence that is killing us.

(BEGIN VIDEO CLIP)

SEN. JOHN KENNEDY (R-LA): We have a lot of drunk drivers in America that kill a lot of people. We ought -- we ought to try to combat that, too. But I think what many folks on my side of the aisle are saying is that the answer is not to get rid of all sober drivers.

(END VIDEO CLIP)

LEMON (on camera): You know that makes no sense. It just makes absolutely no sense considering everything you have to do in order to be a driver in order to keep your license. You have to follow the laws, you got to follow the speed limit, you have to have insurance. You get pulled over -- it just doesn't make sense. And he knows it. If he doesn't, then he should. Then that's a whole other thing.

We pass laws to restrict drunk driving. We pass laws to make cars safer, seat belts, speed limits, common sense. Where's yours, sir? Where's your common sense?

There are many, many on the right who display their guns in campaign ads. OK? Flaunt their devotion to the weapons being used to take American lives in numbers that no other country experiences. At least they tell you what really matters to them, and that's guns.

There is Congressman Lauren Boebert who, the day after they tweeted prayers for the victims attacked President Biden for calling for an assault weapons ban. Her restaurant is called Shooters Grill. She ran a campaign ad vowing to carry her Glock around Capitol Hill.

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[22:10:04]

REP. LAUREN BOEBERT (R-CO): Even though I now work in one of the most liberal cities in America, I refuse to give up my rights, especially my second amendment right. I will carry my firearm in D.C. and in Congress.

(END VIDEO CLIP)

LEMON (on camera): She knows that works. Not that it's right, but she knows that it works. There is Congresswoman Madison Cawthorn who put out this video just last week.

(BEGIN VIDEO CLIP)

REP. MADISON CAWTHORN (R-NC): Now, I love skeet shooting. This is a second amendment protected activity, but remember, shotguns are not what the second amendment is all about. These weapons are much more what the second amendment. Because remember, the second amendment is not for hunting or sporting. It's for stopping tyranny.

(END VIDEO CLIP) LEMON (on camera): Tyranny. What is -- what is the point of that?

Think about it. Just -- just be honest with yourself. What is the point of putting out an ad like that? What the point of promoting something like that? So many other things. Where are your priorities? What is the point?

You want to know what the point is? I wish I had dollar bills here. Raising money is the point of it. It works. It raises the money. It's one of those wedge issues. They were going to try to -- when has anyone tried to take your gun? Let's be honest.

For eight years -- Barack Obama is coming for your guns! Never came for the gun, never, ever, ever, ever. Are you being manipulated? Yes. The point is to raise money. Think about it -- what's the point of putting out an ad like that? Why?

Let me move on because there is of course QAnon Congressman Marjorie Taylor Greene.

(BEGIN VIDEO CLIP)

REP. MARJORIE TAYLOR GREENE (R-GA): I'm running the stop gun control. Open borders, the Green New Deal and socialism.

(END VIDEO CLIP)

LEMON (on camera): Again, just hand her -- hand them your money. And not -- hand them your money and hand them your common sense that goes along with that, right? They love to talk about the second amendment. Love to talk about the second amendment. Love the pose with their weapons, right? Try to make it sexy.

But the second amendment doesn't require us to submit to a lifetime of mass carnage. That carnage is happening in our real life. Not their theater of the militia. Not in their role-playing -- because they're playing roles, playing a role there, role-playing ads.

Don't play good guy with a gun for your campaign ad while Americans are dying. Don't play politics with our lives. Here's the thing about America. You have the second amendment, which is a right in the Constitution, right? A privilege. But you also have the first amendment that people can love this country and then want to analyze and criticize the second amendment and the rest of the amendments and everything.

You, that's your right under the first amendment of the Constitution. So, by criticizing the second amendment and wondering if there are things that we can do to improve the situation when it comes to guns -- doesn't mean you're un-American, doesn't mean you're anti-gun. It means you are exercising your first amendment.

See where I'm going here? To make things better for all of your countrymen. And to try to save lives. First amendment, you can criticize the second amendment and every other amendment everything that goes along with it. That is part of being a patriot and an American is holding our lawmakers accountable. [22:15:06]

And they must be held accountable for what is happening with guns in this country. So, stop playing politics with our lives. And you know what I'm talking about, that crew. You know they're going to continue to play politics with their lives because that is their whole shtick. It's just the same old song and the same old dance while Americans are grieving.

(BEGIN VIDEO CLIP)

SEN. TED CRUZ (R-TX): And every time there's a shooting we play this ridiculous theater where this committee gets together and proposes a bunch of laws that would do nothing to stop these murders. What happens in this committee after every mass shooting is Democrats propose taking away guns from law-abiding citizens.

(END VIDEO CLIP)

LEMON (on camera): So, you know what happens after every mass shooting? You know what happens after every mass shooting? Another mass shooting! Do you want some proof? Not that we need it, but I will, just to make sure you understand.

It happened after the Atlanta area shootings just last week. It happened after Sandy Hook. It happened after Parkland. Please look at your screen. It happened after Charleston. It happened after Columbine. It happened after Las Vegas. It happened after Virginia Tech. It happened after Aurora.

It happened after the Tree of Life synagogue. It happened after the Pulse nightclub. It happened after San Bernardino. It happened after El Paso. Need I go on? I could go on and on and on because it will keep happening.

Until we finally decide to do something, until we finally decide to do say, now is not the time to talk about gun laws and what we need to do to improve the situation. And then with our short attention spans in this country, something else will happen and then we move on, and then we're back right here at it another time.

I said it after Parkland -- every single one of us is just playing the odds at this point, the odds that in a country of 325 million souls that we won't be the ones who get hit by the next bullets that start flying. We won't be the one that gets that phone call about someone you love who did, that phone call that changes your life.

Just last night I was sitting here and the press conference happened, and they said they were waiting to identify the victims and to notify the next of kin, family members who got that horrible phone call that no one wants.

But with every deadly shooting in this country, the odds get worse and worse. Are you really willing to keep playing those odds? Haven't we learned after this year, a pandemic, after a year of loss of life, isolation, mass death of nearly 550,000 Americans, that life is just that precious? If not now, when? When will we ever learn? I don't want to have to say those words again and yet.

Lucy Kafanov is our reporter on the scene. She has been since the very beginning. She joins us now from Boulder. Good evening, Lucy.

CNN is learning new details about this allege gunman, about things that he posted on social media. What can you tell us?

LUCY KAFANOV, CNN CORRESPONDENT: Well, Don, I can tell you that we just learned that 21-year-old Ahmad Alissa will be appearing in court on Thursday morning for the first time.

[22:20:02]

He's currently at the Boulder County Jail when you and I were speaking last night. He was at the hospital. He was released this afternoon. No details yet on motive, but we are getting more information about his life.

We learned that he and his family immigrated to the U.S. from Syria in 2002. He lived with an older brother. CNN actually spoke to that older brother who described the allege gunman, the suspect, as someone who may have suffered mental illness. That's what he told CNN.

He said that his younger brother was bullied in high school for being Muslim, that he became increasingly paranoid in 2014 that he supposedly felt that he was being followed and chased.

And to that point, even though Facebook and Instagram have removed those social media pages, we have some archived posts, and at least one of them there's indication of some level of paranoia. In one post he claimed that his high school was somehow hacking into his phone.

In another post, and I'll quote from this one, he wrote, "yes, if these racist Islamophobic people would stop hacking my phone and let me have a normal life, I probably could."

We also learned, Don, that he's had a previous run-in in the law. It was back in -- with the law. It was back in 2017. He was found guilty of assaulting a classmate. He was sentenced to probation and community service.

According to a police report about that incident he allegedly got up inside the classroom, he walked over to the victim, and then he coldcocked him in the head. He then climbed on top of the victim and punched him a few more times. Now there was no clear reason for this attack, but he told authorities that the victim had made fun of him in the weeks earlier.

And as for the shooting on Monday, we did get some more information from new court documents especially about the apprehension of the suspect. We understand that he turned himself in to the authorities. He was walking backwards towards the SWAT officers.

He had apparently stripped off most of his clothing. He was just wearing a pair of shorts. And when he turned himself in, they asked questions. He refused to answer those questions. But he did apparently ask to speak to his mother. Don?

LEMON: Lucy Kafanov reporting for us. Lucy, thank you very much.

Over the course of the evening last night we spent time talking about mental health issues that many people are dealing with, that they will be dealing with after this incident, and that they have been dealing with for the course of year with this deadly pandemic.

Heavy things weighing on people. So, I want to tell and we want to take the stigma off of mental health issues and mental health in general. So if you are experiencing any issues that you need help with, there is help available. There should be no stigma with is.

Here's what you can do. OK? You can call the National Suicide Prevention Lifeline, 1-800-273-talk, 1-800-273-8255. No matter what mental health issues you're experiencing, you can call them and they can refer to you get the right kind of help. OK? So, you can get help, everyone. No stigma.

Americans gunned down in a supermarket with an AR-15-type weapon. It's like being in a war zone. Next, I'm going to talk to a congressman who served in a real war zone, and I'm going to ask him, does anybody really need a weapon like that here.

[22:25:00]

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LEMON (on camera): Boulder, Colorado, is a city in mourning tonight, grieving for the 10 innocent people gunned down in the supermarket. Maggie Montoya is a pharmacy tech at the supermarket. She was helping people get their COVID vaccinations when gunfire rang out. She told our Anderson Cooper that she and her coworkers ran for their lives.

(BEGIN VIDEO CLIP)

MONTOYA: I heard the first shot and Sherry -- Sherry just yelled active shooter and we all just scattered just at the first sound, the first rounds of the shots. Just everybody went their separate directions. I didn't know where everybody went.

(END VIDEO CLIP)

LEMON (on camera): Let's talk about the issues at hands. I want to bring in Colorado Congressman Jason Crow. His district encompasses Aurora, Colorado where a gunman opened fire inside a movie theater back in 2012 killing 12 people. It also included Columbine High School, the site of the massacre of 13 people back in 1999.

Congressman, I'm sorry for everything that your community, everyone is dealing with. Thank you so much for appearing, OK?

REP. JASON CROW (D-CO): Thanks, Don.

LEMON: Thank you. So, listen, you served in the Iraq. You served in Afghanistan. When you hear that the suspect was armed with an AR-15- style firearm, does anyone need a gun like that outside of a war zone?

CROW: Well, the answer is unequivocally no. I have had a long relationship with firearms throughout my life. I grew up around guns. We're a hunting family. I actually started hunting when I was 12. I'm a gun owner today. I became an army ranger, I served in Iraq and Afghanistan, over 100 combat missions, and I've used weapons of war at war. At war, I have had them used against me.

So, And I've seen -- I've seen firearms in their various iteration. As a sportsman, you know, as an army ranger, as a soldier. And you know, these guns, these military-style assault rifles are designed to do one thing. Kill a lot of people very quickly. And they are very, very good at doing that.

You know, when I was deer hunting, I didn't use an assault rifle to deer hunt. And when I was in Iraq and Afghanistan, I certainly didn't carry a deer hunting rifle. So, the type of gun matters a lot. They don't belong on our streets, in our schools, in our churches and our synagogues. And it's time that we stop this madness.

LEMON: Well, let's talk a little bit more about this. Because, Congressman, you have previously called to bring back the assault weapons ban. President Biden wants that too. He is also urging the Senate to pass the two House bills that would strengthen background checks. Like voting rights, is this another issue that suggests that it's time to get rid of the filibuster?

[22:29:54]

CROW: Well, I think it is. You know, we just can't be in a position where this relic of Jim -- the Jim Crow era that people say is supposed to be used to help moderate the Senate is actually now just being used to stop any progress, being used to stop progress on ending gerrymandering, clean up our campaign system. It's being used to prevent us from responding to GOP attempts to disenfranchise voters and address climate change, immigration reform, and of course now gun violence.

So, it has long past outlived any usefulness that it might have had some point a long time ago. It's time that we end it and we start moving forward as a country.

You know, the community that I serve, as you mentioned, Don, we have seen our disproportionate share of gun violence and mass trauma. And when this happens my community gets traumatized all over again. I spent a lot of my day today calling families, survivors, victims of gun violence, and it's something that I do far too often. And I don't want to do it anymore, so we need to make sure that we're getting this done.

LEMON: Listen, you said some of your message, what you said about your community. I mean, listen, I've listed off a name of some that have happened there. And I asked one of my guests last night who was in the supermarket, like, have you thought about what to do if there's this in this situation? When you think about in your area that Columbine, you've had Aurora, you've had this. And sadly, he said he had thought about it. But I want to know, what

is your message, Congressman, to Coloradans and Americans tonight who are sick and tired of these shootings? What more can people do?

CROW: They can vote. You know, at the end of the day, this is about a handful of people that are stopping the progress of the vast majority will of the American people. Over 90 percent of America wants universal enhanced background checks, because they understand that citizenship comes responsibility, with duties. OK?

People know that if you're part of a community and society we have shared obligations to each other, that none of our rights are without some obligations to our neighbors. And Americans generally understand that, the vast majority of folks do.

There's a handful of politicians who are so blinded by their desire for power, their desire to stay in office, their desire to raise money that they are continuously failing in their leadership, and they don't belong in their seats anymore.

So, continue to be vocal, continue to mobilize, get active, and let your voice be heard. I think we can solve this. It's hard because it seems like we're doing this all the time and it doesn't make any movement forward, it doesn't move the meter. But I wouldn't be in this job if I didn't think we could actually get this done at some point in the future.

LEMON: Congressman Crow, thank you for your time. Thank you very much. Again, sorry for what's happening and what the people are dealing -- your constituents and your fellow citizens and loves ones are dealing with in Colorado. Thank you.

CROW: Thanks, Don.

LEMON: So, just as the country is making major progress in the coronavirus pandemic, multiple mass shootings in the span of a week. My next guest says this can't become our post-COVID normal.

[22:35:00]

(COMMERCIAL BREAK)

LEMON (on camera): A CNN analysis finds that there have been at least seven mass shootings in the past seven days across the country.

My next guest, the former chief strategist for President George W. Bush says getting back to normal after the pandemic is not enough. He doesn't want to return to normal when it comes to gun violence.

Matthew Dowd joins me now. Matthew, thank you for coming on, especially for this subject. It's very important. Good evening.

I have to be honest. I'm sick of this how long -- you know, how long are we supposed to put up with this carnage while our fellow Americans die and anybody could be targeted for no reason at any point? How long? MATTHEW DOWD, FORMER CHIEF STRATEGIST FOR PRESIDENT GEORGE W. BUSH:

Well, Don, I appreciate you having me on.

And I don't think, none of us should want to go back to the normal in so many different ways, not only gun violence, which was the norm long before COVID, but how we establish equal justice, what do we do about voting rights, what do we do about economic inequality -- all of those things. We shouldn't want to go back to the way it was even though the way it was, was predictable.

The problem we have here today is that we have a very small minority of the country that rules the Republican Party. And as you know, I know you've looked at all the polls, 75 or 80 percent of people support restrictions on guns, support banning assault rifles, support universal background checks.

And I'm -- I'm a gun owner. I own five funs. I have three shotguns and two rifles. Along with my fellow gun owners here in Texas, a majority of us believe that we should do things -- do common sense gun reform. But because the small minority in the Republican Party runs it, we haven't been unable to do it.

And I will also say this, Don, one other thing. And I'm not going to just castigate Republicans on this who have blocked it all way. I don't think the Democrats have done a good enough job running on this issue. And they've run away from it many other times. They said, let's talk about something else. Let's not talk about guns because they've been afraid of this issue.

Lucy McBath in Georgia demonstrated that you could run on this issue alone in a swing district, and here's an African-American woman in a swing district in Georgia, won the race on this issue. And I think Democrats, if they really want to do something on this, they need to run on this issue as an issue, as an issue number one or issue number two and no longer run away from it or be afraid of it.

LEMON: Yes. And Lucy McBath, her son Jordan Davis died when shot by a man because his music was too loud in a car. And that's -- that's really how she came to prominence. It inspired her to run for Congress because of this very issue so. Thank you for mentioning her. She is a fighter, a fighter in this.

[22:39:54]

So, listen, but, you know, it strikes me that the pro-assault weapons side is pretty complicit now. I mean, they pretty much know that no matter how awful the massacre they can just wait it out. Is this always going to be the case, Matthew?

DOWD: Well, Don, I was thinking before I came out, I was thinking about you and how many shows, as you prepared during the day, you had an idea for the show. You were going to talk to a congressman about tax policy or about immigration or about something or about politics or about a campaign. And you had to completely revamp your show because of a shooting. That -- my guess is that's happened 20, 30, or 40 times to you over

the course of your career on CNN doing this, and it's just become way too commonplace. Look at New Zealand. New Zealand it happened one time and they -- it happened once -- and they completely changed their gun laws in the country of New Zealand, basically overnight to deal with this issue.

And I agree with the congressman that you just had on before who I'm a big fan of. He's right. The only way it's going to be solved is if we use our voices and our votes to force people to deal with this issue. That's the only way. And it's sad, it's disappointing, it's disturbing that we have to do these shows week after week after week after week and nothing gets done on this. But the only way it gets done, it's incumbent upon us. We have to vote and we have to use our voices.

LEMON: Matthew Dowd, the time is a little bit shorter tonight. I really thank you for joining us. It's a really important conversation. So, thank you, really, so much for that.

Listen, before you go, you mentioned New Zealand. I know we're a little short here. I just want to give you some information and our viewers because it is important what you said.

Canada banned assault weapons after a horrific shooting that left over 20 dead. Similar action was taken as you mentioned in New Zealand. It was 50 dead. And we think about the number of people who have died in this country, it's not -- it's not taking action too fast. But I think we're not taking this seriously enough.

I know that doesn't -- it doesn't seem to make sense. And I just want to you respond to this quickly. It just seems like this is a uniquely American failure. And I know people are going to say, well it's tough to compare Canada, it's tough to compare New Zealand, but this is a uniquely American failure, don't you think?

DOWD: It's absolutely a uniquely American failure. You cannot distinguish in how we've approached this issue because of rural or because of urban or because of whatever other reason. It's because the NRA has become so powerful and became so powerful in this country and they now have coopted one political party that basically they run. They run the Republican Party in this country.

That doesn't exist in Canada. That doesn't exist in New Zealand. It doesn't exist in Europe. And there's not differences of demographics that explain it. It's a difference of the power of one interest group.

LEMON: Thank you. I needed you to respond to that and you did. Thank you very much and very succinctly. I appreciate it. Matthew Dowd, I'll see you soon. And hopefully we will be talking about something that's not so tragic.

DOWD: Thank you, Don.

LEMON: So, thank you. An allege capitol rioter --

(CROSSTALK) DOWD: I agree.

LEMON: -- and Nazi sympathizer ordered to remain in jail while he awaits his trial. His lawyer trying to make the argument that he can coexist with people of color because he had a Black roommate.

[22:45:00]

(COMMERCIAL BREAK)

LEMON (on camera): Take this. Tonight, an army reservist and well- known Nazi sympathizer to his coworkers will remain in jail as he awaits trial on charges tied to the capitol insurrection.

The federal judge saying 30-year-old Timothy Louis Hale-Cusanelli poses a threat to the public. The judge claiming there is the potential for an escalation of violence due to Hale-Cusanelli's long held neo-Nazi beliefs.

His defense, and you have to listen to this, according to his attorney, Hale-Cusanelli may hold believes regarding race that are abhorrent, but none of his coworkers have accused him of a violent act towards anyone.

The defense also saying Hale-Cusanelli lived with a Black roommate, which they claim is proof that he can coexist with people of color peacefully. Well, Judge Trevor McFadden saying at a hearing today, quote, "every judge is afraid of releasing somebody who then goes crazy. There is a lot in here that makes me worried about that."

Hale-Cusanelli has been in jail since his arrest back in January. He has pleaded not guilty to a seven-count indictment. We'll be right back.

[22:50:00]

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LEMON (on camera): In the wake of the Boulder shooting that killed 10 people, President Biden's agenda including gun control and laws protecting our elections is in danger of going nowhere as long as any bill sent to the Senate can be filibustered. Critics and historians say the filibuster is a racist relic of our Jim Crow past. Senate Minority Leader Mitch McConnell, one of the filibuster's biggest defenders disagrees. This is what he said today.

(BEGIN VIDEO CLIP)

SEN. MITCH MCCONNELL (R-KY), MINORITY LEADER: Historians do not agree. It has no racial history at all, none, so there's no dispute among historians about that.

(END VIDEO CLIP)

LEMON (on camera): So, joining me now, professor Michael Higginbotham from the University of Baltimore School of Law. He's also the author of "Ghosts of Jim Crow."

Michael, thank you for joining us. I'm so glad that you're here. So please set the regard straight. For the Senate minority leader, the filibuster has been used to prevent the abolition of slavery, block civil rights reforms. It's prevented hundreds of anti-lynching bills from passing. Could you give him a history lesson, please?

F. MICHAEL HIGGINBOTHAM, PROFESSOR OF LAW, UNIVERSITY OF BALTIMORE SCHOOL OF LAW: Well, he certainly needs one, Don, long history of the filibuster being used to prevent racial progress. Eighteen -- 1846 it was used to stop an anti-slavery provision in a treaty. Nineteen twenty-two it was used to stop anti-lynching legislation, 1935 as well.

In fact, Richard Russell, who has an office, a Senate office building named after him, led a filibuster to stop an anti-lynching bill. Throughout the '40s and '50s it was used to prevent civil rights legislation. And Strom Thurmond in 1957 led a filibuster, the longest solo filibuster ala Jimmy Stewart in "Mr. Smith Goes to Washington."

So, it's a long history of preventing racial progress and Senator McConnell needs to -- needs to know this history.

LEMON: OK. So, he has a response. His press secretary tried to clarify the senator's comments claiming that, and then I quote here, "he was referring to the origins of the filibuster."

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First of all, that's not what McConnell said. He said, quote, "it has no racial history at all. And the point anyway isn't how the filibuster was made, it's what it's been used to do, correct?

HIGGINBOTHAM: Absolutely correct. And the filibuster is just a device to delay. It's sort of like the four corners in basketball. It's used to delay the ultimate outcome. But the history of the filibuster is that it has been used to prevent racial progress. That's been the primary use of it during the civil rights movement. Primary use of it was to prevent civil rights legislation from being passed.

And so, there's a long history -- John Adams said facts are stubborn things, and Senator McConnell needs to understand the facts just support that it has a racial factory.

LEMON: Well, you know as we know in this show, facts first. Michael Higginbotham are here with them. Thank you, sir. I appreciate you joining. So, Boulder --

HIGGINBOTHAM: Thank you, Don.

LEMON: -- mourning the loss of 10 people from yesterday's mass shooting at a supermarket. President Biden saying now is the time to act on gun legislation.

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