Return to Transcripts main page
Don Lemon Tonight
Colorado Lawmaker Wants Senate To Act On Gun Laws; President Biden Prepping For His First Press Conference; V.P. Harris Takes Charge Of The Immigration Problem; New Video Release Of The January 6 Riot; Senate Majority Leader Chuck Schumer (D-NY) Is Interviewed About The GOP's Efforts To Suppress Voting Rights Among Other Things; Rioters Will Have To Pay For Their Actions; States Announced Age Brackets To Be Vaccinated. Aired 10-11p ET
Aired March 24, 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]
UCHE BLACKSTOCK, EMERGENCY PHYSICIAN: Yes. No, agreed. I think we need to have to have a uniform, like one place where people go to register for these vaccinations. What's happening is we have multiple sites and it's incredibly confusing, and I'm hoping that over the next few weeks to months that states will be able to work out these kinks in the registration process and have a centralized way for people to register quite easily for these appointments.
ANDERSON COOPER, CNN HOST: Dr. Wen, Dr. Blackstock, thank you so much. I really appreciate it. The news continues right now. I want to hand it over to Don Lemon for "CNN TONIGHT."
DON LEMON, CNN HOST: This is CNN TONIGHT. I'm Don Lemon. We thank you so much for joining.
Important message tonight, because there is another massacre and we have another chance to do something about the epidemic of gun violence, and it's slipping away. The question is when are elected officials going to have the courage to do something to protect Americans who aren't safe from gun violence in the supermarkets, aren't safe at work, not safe at schools, in churches and synagogues, on and on and on and on and on?
Colorado Senator Michael Bennett, emotional on the Senate floor just tonight.
(BEGIN VIDEO CLIP)
SEN. MICHAEL BENNET (D-CO): I'm not asking anybody here to show the courage that Officer Talley showed or the other men and women of law enforcement who constantly have to deal with the inability of this place's capacity to deal with these issues. I'm just asking us to show an ounce of their courage by doing whatever we can to keep weapons of war out of our communities.
(END VIDEO CLIP)
LEMON (on camera): President Joe Biden facing the roadblock that has tripped up so many of his predecessors, what to do about guns and a government that just won't act. The Vice President Kamala Harris demanding Congress stop hiding behind the second amendment.
(BEGIN VIDEO CLIP)
KAMALA HARRIS, VICE PRESIDENT OF THE UNITED STATES: It is time for Congress to act, and stop with the false choices. This is not about getting rid of the second amendment, it's simply about saying we need reasonable gun safety laws.
(END VIDEO CLIP)
LEMON (on camera): So, the fact is the GOP wants more restrictions on voting than they do on guns. Restrictive voting measures that would legislate the opposition out of power, bring them on! The new Jim Crow that would keep people of color, most of whom voted for Joe Biden, away from the polls, bring it on! Anything to fight their way back into power. Anything.
Senator Amy Klobuchar slamming GOP claims that the Democrats' voting rights bill would cause chaos.
(BEGIN VIDEO CLIP)
SEN. AMY KLOBUCHAR (D-MN): I've been heard -- hearing the word chaos tossed around. Well, let me tell you what chaos is. Chaos is what we've seen in the last years, five-hour, six-hour lines in states like Arizona to vote. Chaos is purging names of long-time voters from a voter list so they can't go vote in states like Georgia.
Chaos is the state of Texas declaring that you can only have one drop- off box for votes and ballots in their states, including huge counties like Harris County with nearly five million people. And chaos is what we saw happen at the capitol when people heard for an entire year that our election isn't sound and they decided to come here and take it under their own hands. That angry mob, that was chaos.
(END VIDEO CLIP)
LEMON (on camera): And the Majority Leader chuck Schumer asking why Republicans don't try to win voters over instead of trying to keep them from voting.
(BEGIN VIDEO CLIP)
SEN. CHUCK SCHUMER (D-NY), SENATE MAJORITY LEADER: I would like to ask my Republican colleagues why are you so afraid of democracy? Why, instead of trying to win voters over that you lost in the last election, are you trying to prevent them from voting?
(END VIDEO CLIP)
LEMON (on camera): It is shameful. They know what they're doing. They know what they're doing. They said it out loud. They know what they're doing. They're trying to restrict voting because they don't believe that they can win. By the way, Senator Schumer will be with me on the show in just a
moment, so stay tuned. I know you want to hear what he has to say. But first let's talk about another senator, Josh Hawley. Doesn't want to do anything about guns. He thinks guns aren't the problem, that criminals are.
(BEGIN VIDEO CLIP)
SEN. JOSH HAWLEY (R-MO): How about we put violent criminals behind bars? How about instead of releasing criminals onto the streets, how about instead of looking the other way as a violent crime has soared in this country which is what the Democrats have done for the last year.
(END VIDEO CLIP)
[22:05:00]
LEMON (on camera): Why do we have to do this? Why? It's so disingenuous. The question, why can't we address both, right? Criminals who commit crimes and our extraordinary access to very powerful military-style weapons. Maybe the best person to talk about looking the other way when it comes to violent crime is not Josh Hawley.
You know, the one -- the same Josh Hawley that saluted the crowd outside the capitol before the riot began? The same Josh Hawley who still voted against certifying the election hours after rioters broke into the capitol? Hours after they fought with police? Hours after they stormed the halls of Congress hunting for lawmakers, putting up a gallows outside and chanting, hang Mike Pence.
(BEGIN VIDEO CLIP)
CROWD: Hang Mike Pence! Hang Mike Pence! Hang Mike Pence! Hang Mike Pence! Hang Mike Pence! Hang Mike Pence!
(END VIDEO CLIP)
LEMON (on camera): Too many Republicans continue to deny the terrible reality of what happened on January 6th. Continue to deny it even though we saw it with our own eyes, an attempt to take down our very own government, incited by the then-President of the United States.
And we're learning more tonight about what was going on during that insurrection. Evidence that domestic extremists coordinated before the attack. Prosecutors say a leader of the Oath Keepers allegedly discussed his communications with the Proud Boys in Facebook chats, saying he had, quote, "orchestrated a plan with them."
That as prosecutors say two more Oath Keepers discussed taking refuge in the Kentucky Mountains if they couldn't prevent Joe Biden, President Joe Biden from taking office.
And CNN's KFile has found that the first evidence that a close ally of the QAnon Congresswoman, Marjorie Taylor Greene was inside the capitol. Videos of the attack show Anthony Aguero in the mob of rioters inside. There he is highlighted in the middle of your screen with the 45 hats on. Forty-five for the former president.
Meanwhile, Lindsey -- but the way, you know, 45 for the former president but they say it was Antifa, and it wasn't really Trump supporters but a lot of them were wearing 45 paraphernalia. OK.
In the meantime, Lindsey Graham downplaying the former president's racist rhetoric the kind of hate that has Asians-Americans across this country terrified that they'll be victims of the next explosion of violence.
(BEGIN VIDEO CLIP)
UNKNOWN: How much do you think Trump and other Republicans' rhetoric calling the coronavirus the kung flu and China virus contributed to this rise in hate crimes against Asian-Americans?
SEN. LINDSEY GRAHAM (R-SC): Does the Spanish flu -- I don't -- it came from China, the Chinese Communist Party. The biggest oppressed group in China are the Chinese. The Chinese Communist Party are horrible to their own citizens. They deny them the basic freedoms and rights that we take for granted, so the fact that the flu -- excuse me, COVID-19 came from China is just a fact, and I don't -- I don't buy that.
(END VIDEO CLIP)
LEMON (on camera): What? Yes, I know what you're thinking. I'm thinking the same thing. What? What does that have to do with anything? Is there anything that he won't make an excuse for? Him and others. For the former president.
So, look, we all heard what the then-president said. He said it over and over and over and over. I said it before, we know where the hate comes from.
(BEGIN VIDEO CLIP)
DONALD TRUMP, FORMER PRESIDENT OF THE UNITED STATES OF AMERICA: At that time, we called it the Wuhan virus, right? Wuhan. China's cover- up of the Wuhan virus allowed the disease to spread all over the world.
I can name kung flu. I can name 19 different versions of names. Kung flu. Yes. Kung flu.
(CROWD CHEERING)
TRUMP: You know it sounds like -- see I like the China virus.
(CROWD CHEERING)
TRUMP: Or I like the plague from China.
It's got about 24 names. I can call it from COVID to China virus. I can call it the plague. I call it the China plague. We and the whole world got hit with the China virus.
The incredible people and families who suffered so greatly from the China virus, it's a horrible thing that was put onto the world.
(END VIDEO CLIP)
[22:10:08]
LEMON (on camera): Don't miss that hate and toxicity, do you? Not at all. Not at all. Let's be honest. Not at all. We know where the hate comes from. And we know what it does to Asian-Americans all across this country, and that's where we are tonight.
Two days after the second deadly mass shooting in a week. When are we going to do something about it? When are we going to stop making excuses? Especially for those who explicitly spread hate.
Kaitlan Collins joins me this evening. Kaitlan, good evening to you. Thank you so much for joining. I see you're at the White House behind you there. You have new information about the president, President Biden, about how he's preparing for his first formal news conference. What are you learning?
KAITLAN COLLINS, CNN CHIEF WHITE HOUSE CORRESPONDENT: Yes. This is going to be his most extensive back and forth with the White House press corps since he took office. Because you see him answer questions sometimes in the Oval Office or on the way to Marine One, and he's had some one-on-one interviews but this is his first formal press conference where of course he's going to be asked about so many things including a lot of what you just talked about there in your introduction, including this new push for tougher gun laws.
And so, what we're learning tonight is that he's been preparing pretty extensively for it. You know, earlier he kind of joked what press conference, when asked how is he getting ready for it. But we're told that he has been huddling with senior aides.
He did an informal prep session a few days ago earlier this week really trying to get ready for this. Because so many of his other major moments have been more scripted and on camera. This of course will also be on camera, but the questions that is going to be something where he is going to have an opportunity to explain his thinking on his policy, his presidency, what that's going to look like and also to be pressed on the issues of the day, including immigration, and what those gun laws that he wants to see and how he would get there.
LEMON: Kaitlan, there is a lot of pressure on the White House too on tougher gun laws. Where you just, you know, you just touched on it briefly. A lot of people are going to be watching. They want to hear what the president is doing, what this administration is proposing, how they're going to go up against a divided Congress and Senate. So what action are they -- what actions are they considering in the White House? COLLINS: So, they're considering several different executive actions,
a few that have to do with background checks but some that have to do with certainly as the people purchase firearms, how those firearms are labeled with serial numbers and whatnot.
But what's really interesting about what we've been hearing on, you know, this review of potential executive actions that President Biden could take is what the vice president said this morning when she did an interview on CBS and she said, yes, this is something we're considering, but we're really pushing for legislation and we want Congress to act, which of course, we know for so many times Congress has not actually acted. So, that seemed to be a push that they were focusing on this morning, though.
LEMON: Let's talk about what's happening at the border. We know that there -- the president is going to task the vice president with trying to figure out how to put her front and center when it comes to immigration and what's happening on the border. What do you know about that?
COLLINS: Yes, this is really the first big add to Vice President Harris' portfolio. So, of course, she has been at many of these events and meetings, but this is the first thing that Biden has tasked her with. And it's pretty similar to what Obama had him do when they were in office, back in 2014 and 2015 when there was also a migrant surge at the border.
And basically, what you'll see the vice president doing, according to what they said earlier today, is she's going to be in charge of overseeing those diplomatic efforts with those Central American countries trying to stop the flow of migrants to the border. Basically, what they've been saying, you know, these root causes that they've been talking about. Which is why you are seeing that surge at the border.
She'll be in charge of that. It's a really big task. It is going to be a challenge. It's something that has eluded several presidents for decades now, but this is what they were saying they envisioned her role and, you know, playing a role in what's happening at the border is just one of the many facets that you've seen them take.
And of course, there are many more challenges that are facing them, so it will be interesting to see how she does in this new role.
LEMON: Kaitlan Collins leading us off tonight from the White House. Kaitlan, thank you very much. I appreciate that.
Democrats battling to get the voting rights bill passed. Majority Leader Chuck Schumer calling GOP efforts to suppress the votes one of the most despicable thing he's seen. Well, he's here live, next.
[22:15:00]
(COMMERCIAL BREAK)
LEMON (on camera): So, things are getting pretty heated today at a Senate hearing on sweeping voting rights legislation put forward by Democrats. Majority Leader Chuck Schumer calling GOP voter suppression despicable. GOP leader Mitch McConnell accusing Democrats of overreaching. Listen to this.
(BEGIN VIDEO CLIP)
SCHUMER: It's one of the most despicable things I have seen in all my years. Shame, shame, shame. Instead of doing what you should be doing when you lose an election in a democracy, attempting to win over those voters in the next election, Republicans instead are trying to disenfranchise those voters. Shame on them.
SEN. MITCH MCCONNELL (R-KY), MINORITY LEADER: States are not engaging in trying to suppress voters whatsoever. This is clearly an effort by one party to rewrite the rules of our political system.
(END VIDEO CLIP)
LEMON (on camera): Majority Leader Schumer joins me now. Senator, I thank you for joining us. I should say majority leader. Pardon me, I don't mean to disrespect. Thank you for joining us.
SCHUMER: It's OK.
LEMON: You were fired up today. What is your plan to get this voting legislation passed because Republicans are dead set against it?
SCHUMER: Well, first, as I said, this is despicable. And for Mitch McConnell to say there on the screen that we are trying to change the rules? No. It's Republican legislatures across the country that could take away the rights according to the Washington Post of up to 10 million people, mainly poor, mainly people of color, mainly Democrats, maybe urban because they lost the election.
[22:19:59]
I have -- I have rarely seen something that is so obnoxious, despicable and anti-Democratic. Do you know what it reminds me of? Of being in autocracy, a place like Erdogan's Turkey, a place like Orban's Hungary, and we are going to do everything we can to stop this.
LEMON: Yes.
SCHUMER: Failure is not an option. This will not stand. Our caucus feels very strongly about this, very strongly.
LEMON: You said autocracy, but you talked about how laws in Georgia and other states smack of Jim Crow, and I'm quoting here, --
SCHUMER: Yes.
LEMON: -- "rearing its ugly head once again." Is there a way to protect access to the ballots without changing the filibuster?
SCHUMER: Well, look, the public is totally on our side. There is going to be a national campaign about this launched by many groups and our hope always is that Republicans will see the light. But if they don't, if they don't, our caucus will gather and we will figure out the best way to change these rules and everything will be on the table. As I've said before, failure is not an option. We cannot allow this to stand and everything, everything is on the table.
LEMON: Listen, I want to talk about this and more, but let's get -- talk about this and then we'll get past it and discuss some other things.
SCHUMER: Sure.
LEMON: But I wonder, you said failure is not an option. How are you going to handle Senator Joe Manchin? Joe Manchin is against Democrats' voting rights, the bill as is. The House gun legislation, he won't kill the filibuster. A lot of Democrats see him as a major roadblock, but you also need him not least to remain in the majority.
SCHUMER: Look, I think every one of the members of our Democratic caucus without exception regards this as despicable as what is happening. And when we come together as a caucus, if the Republicans don't join us and help us change these rules, I am confident that we will get them changed.
LEMON: Yes. I want to talk to you about something else that you're very passionate about. I understand that you have an announcement you want to make tonight on this show. You're recommending three Black nominees for top U.S. attorney jobs in New York. Tell me why.
SCHUMER: Well, first, I am so proud to have nominated Damian Williams for the Southern District of the United States at the U.S. Attorney's Office, Breon Peace for the eastern district, and Trini Ross for the western district. Both three are superb and accomplished attorneys. In addition to having a career, dedicated to equal justice under law. They bring a personal experience that is much needed at this moment.
And so, I am proud to do this. Our nation is so much better when we reflect the diversity of this country which has not been, unfortunately, in these powerful U.S. attorneys' offices.
So, I believe, I hope and urge this to be a model for senators across the country to look for other diverse and highly qualified candidates. They're out there, like these three fine people. They are out there. It takes some intentional effort to find them.
I'm proud that we were able to do that in New York, and I hope it serves as a model from one end of the country to the other, especially at this moment when we realize that we have to deal with the problems of bigotry and racism that we are seeing in the country.
LEMON: Thank you for making that announcement. Damian Williams, Breon Peace and Trini Ross, the Senate majority leader making that announcement right here this evening. We appreciate that.
We know we got a lot of news going on. I have to ask you about the other big story, which Americans are sick of these mass shootings. Senator Pat Toomey proposed a compromised bill with Joe Manchin after Sandy Hook. Now he's saying it is up to you. Watch this and we'll discuss.
SCHUMER: Sure.
(BEGIN VIDEO CLIP)
SEN. PAT TOOMEY (R-PA): A big part of this is going to be to get started is up to Senator Schumer. Does he want to have a chance of getting an outcome, getting the 60 votes, or does he just want to see something fails so that he can use it for political purposes?
If he decides the former, then we really do need to take a hard run at this. I do think there is some support there that wasn't there in the past. If he decides that it's -- he just wants to have a failed vote, well, then, there's no prospect.
(END VIDEO CLIP)
LEMON (on camera): The majority of Americans want sensible gun legislation, including --
SCHUMER: Yes.
LEMON: -- enhanced background checks. My question is, though, how are you going to find some common ground and do anything on gun legislation?
SCHUMER: Well let me first say, we're in a different Senate. You know, after there was a horrible mass shooting, the 49 people, I believe it was, in El Paso and then the shootings in Nevada, Mitch McConnell said, we're going to debate this on the floor and vote on it. And, of course, we never did.
With the Democratic majority, with frankly myself as leader, those days are over. We are going to put legislation on the floor of the Senate. We are going to have every senator have to say where they're going to vote. They're not going to be able to hide anymore. They are not going to be able to hide.
[22:24:58]
And there are a bunch of alternatives. I believe in H.R. 8. That is universal background checks. It has overwhelming support, Don, of the American people. I think it's something like 90 percent of Americans and 80 percent of gun owners support this.
You know, I was the author of the Brady law. But unfortunately, there was no internet so we didn't block internet sales. Gun shows then were places where you would show off your 1939 Derringer and now, they're a place where illegal guns are sold in the cascade, into the country, guns that shouldn't be there.
So, we have to upgrade this law. And I am sitting down tomorrow with Senator Murphy of Connecticut. I will be talking to Senator Blumenthal as well. They are our leaders, and we are going to figure out the best and strongest path forward.
LEMON: OK.
SCHUMER: There will be votes.
LEMON: All right. But you are talking about --
(CROSSTALK)
SCHUMER: There will be votes and Toomey should know that.
LEMON: All right.
SCHUMER: Toomey should know that.
LEMON: You're talking about Democrats and you're said it's a much different Senate than what he was talking about. But they like the way things are right now, and they simply can do nothing. They don't have to do anything. They can just sit and do nothing right now. So, how -- what are you going to do about that --
(CROSSTALK)
SCHUMER: Well, the difference is, Don, no. They were able to sit and do nothing under McConnell, because even though he promised, he totally backed off on that promise and never put any of this legislation on the floor for either debates or votes. There is going to be gun legislation on the floor with debates with votes. We'll see.
Our Republican colleagues, many of them know that they're on the wrong side of the issue. They're not going to be able to hide. Maybe they will join us in legislation. Maybe they won't, and then again --
(CROSSTALK)
LEMON: You think they will?
SCHUMER: -- we'll have to figure out --
LEMON: You actually think there is a chance that a Republican will join you on gun legislation?
SCHUMER: Well, Toomey said he's going to join. I don't, you know, I'm not sure what he's proposing and we want strong legislation, but they're feeling the heat, they're feeling the heat. And the reason that McConnell was never going to bring bills to the floor was because he knew a lot of them didn't want that heat. Now they're going to get it. Let's see what the outcome is, and again, we will figure out the best way to move forward, but move forward we must.
LEMON: On to infrastructure now. You know it's a top --
SCHUMER: Yes.
LEMON: -- priority for President Biden and we're hearing White House advisers are expected to present a $3 trillion jobs and infrastructure proposal to Biden soon. How is a massive spending plan like this going to get done?
SCHUMER: Well, again, it's the same old story. We prefer Republicans join us, but if they don't, we're going to figure out how to move forward. Now infrastructure has always been bipartisan. And infrastructure builds things in all kinds of places. It's also the build Biden plan has three sort of, pillars, all of which I think are great.
One is strong on infrastructure, two is strong on climate, three is strong on jobs and particularly jobs for the underprivileged who have been left out before. And that combination of three led to a passage of historic legislation in New York. I believe it can happen in the nation.
Again, we've got some indication some Republicans are interested in joining us on this. If they will, great. But we're not going to let them stand in the way of bold legislation. And if we have to use the reconciliation, we will, in certain parts of the bill. But right now, we're trying to get as strong a bill as we can hopefully with some parts of it being bipartisan.
LEMON: We've covered a lot of ground --
SCHUMER: Yes, we did.
LEMON: -- and we're happy that you're here to speak directly to the American people so that they know what's going on transparency.
SCHUMER: Thank you, Don.
LEMON: Thank you, Majority Leader.
SCHUMER: Great to be with you, Don. Thank you for having me.
LEMON: You as well. Thank you.
Disturbing new video from the January 6th attack on the capitol. It shows rioters attacking Officer Brian Sicknick who died after the insurrection.
[22:30:00]
(COMMERCIAL BREAK)
LEMON (on camera): New video today from the New York Times shows -- showing what happened to capitol police Officer Brian Sicknick during the January 6th riot. The video shows Officer Sicknick being sprayed with a chemical irritant while he held the line against the violent mob. That as prosecutors release communications allegedly showing coordination between the paramilitary group the Oath Keepers and the far-right Proud Boys.
CNN's Jessica Schneider has the story.
(BEGIN VIDEO CLIP) JESSICA SCHNEIDER, CNN JUSTICE CORRESPONDENT (voice over): Tonight, we are getting our first glimpse of capitol police Officer Brian Sicknick in the hours before he died on the front lines, guarding the west side of the capitol January 6th. In new video from the New York Times, the moments before and after Sicknick was hit with a chemical spray play out.
You can see one of the two men accused of assaulting officer Sicknick and two other officers, Julian Khater, standing nearby in the crowd. in another angle you can see the proximity of Khater and Officer Sicknick. Then Khater is seen racing with the Times identifies as a spray can and shoots the chemicals on Officer Sicknick's direction. You can see Officer Sicknick suddenly turn away after being struck by the spray and start to move away from the crowd.
Prosecutors previously released these pictures of the officers huddled and hunched over. They say three were hit and all were temporarily blinded. Officer Sicknick later collapsed in an office and died at the hospital the next day. The medical examiner has not yet released the cause of his death and the role the chemical spray played is still in question.
But Michael Sherwin, the former acting U.S. attorney in D.C. who led the riot investigation for the past two months said it is possible that Khater and George Tanios, though only charged with assault now, could eventually be charged with murder.
MICHAEL SHERWIN, FORMER ACTING U.S. ATTORNEY, DISTRICT OF COLUMBIA: If evidence directly relates that chemical to his death, yes, we have causation, we have a link. Yes, in that scenario, correct, that's a murder case.
SCHNEIDER: Meanwhile, the possible coordination between far-right groups, the Proud Boys and Oath Keepers in advance of January 6th is being exposed by federal prosecutors.
[22:35:01]
A new court filing lays out the Facebook messengers from allege Oath Keeper Kelly Meggs saying he orchestrated a plan with the Proud Boys. It's the first time prosecutors have publicly linked the allegedly violent efforts of the two right wing extremist groups and documented their alleged pre-planning.
In one message Meggs allegedly writes of the Proud Boys, I've been communicating with the leader. We are going to march with them for a while then fall to the back of the crowd and turn off. Then we will have the Proud Boys get in front of them. We will come in behind Antifa and beat the hell out of them.
ANDREW MCCABE, CNN SENIOR LAW ENFORCEMENT ANALYST: This is very powerful evidence that indicated conversations, contact, and not just that, but agreement between the two groups on things like tactics and positioning.
SCHNEIDER: In a Facebook message from December 22nd, two weeks before the insurrection, prosecutors say Meggs planned for 50 to 100 Oath Keeper members to travel to Washington. And then wrote, plus, we have made contact with P.B. and they always have a big group. Force multiplier.
Three days later on Christmas, Meggs allegedly laid out the gear members should bring. D.C. is no guns. So, mace, and gas masks, some batons. If you have armor, that's good.
(END VIDEO CLIP)
SCHNEIDER (on camera): Prosecutors are laying out this evidence of coordination between the Proud Boys and the Oath Keepers but they are still not alleging a full-pledge conspiracy. Instead, several members of each group are facing their own conspiracy charges, but that's what the actions they allegedly took within their own groups. Don?
LEMON: Thank you, Jessica. I appreciate that. Joining me now is CNN legal analyst Elie Honig. Elie, I appreciate -- I appreciate you joining us as well. Good evening to you.
You heard the evidence. Prosecutors say that it proves a high degree of coordination and communication between the Oath Keepers and the Proud Boys before that riot on January 6th at the capitol. How significant is this new evidence?
ELIE HONIG, CNN LEGAL ANALYST: Yes, Don. So, the conspiracy charges are going to be enormously important here. First of all, they are going to allow the prosecutors to tell the jury and the American public the whole story. How was this planned? Who was in on it beforehand? Who was talking to who? How were they communicating? How are they financed, it if at all?
And mark my words, Don, these conspiracy charges are going to cause these guys to cooperate. They're going to flip against at each other like pancakes. I've seen it happen. This is what happens. There was a lot of bravado, a lot of tough guy talk that day, flags waving. Proud Boys, Oath Keepers. When you get on the other side versus from the United States, watch how quickly they cooperate against each other and give prosecutors the full story.
LEMON: What about what the communication released today? Could it rise to the level of conspiracy?
HONIG: Sure. Conspiracy really just means an agreement, a meeting of the minds between any two people to commit a crime. So I think conspiracy is really going to be the least of their worries here. I think we're going to see even more serious charges.
Look, sedition charges could be in play here. It sounds like a big word but it means trying to interfere with any governmental function. Why do you think they were there on January 6th? Because they were counting the electoral votes. That's a government function. Even trying to take over a government building is sedition, so it wouldn't surprise me at all if we see sedition charges as well as conspiracy charges. LEMON: Good to know. OK. So, I want you to take a look at this. This
is the alleged communication from the leader of the Oath Keepers to members of his group. And here's what he writes. He says, Trump said it's going to be wild. It's going to be wild. He wants us to make it wild. That's what he's saying. He called us all to the capitol and he wants us to make it wild. Sir, yes, sir. Gentlemen, we are heading to D.C. Pack your s -- shit, that's what he said.
So, does that implicate the president in any way?
HONIG: Yes, Don. You know what that relates to. Remember, Donald Trump's tweet advertising the January 6 rally. Donald Trump said we'll be wild. Here's the people who end up storming the capitol echoing that language exactly. And let's not lose focus on Donald Trump here.
There's been a lot of indictments over 300 so far in this case, charges. That's good, that's progress by DOJ. But let's remember to hold Merrick Garland to his promise. He's only been in office for two weeks but when he was confirmed at his testimony he said, we will follow every lead from the ground on up wherever it takes us.
So, Donald Trump has some real culpability here. Will it rise to the level of legal liability? That's going to be a very big question for Merrick Garland to answer. But evidence like this doesn't help Donald Trump at all.
LEMON: We have to talk about that assault on that Officer Sicknick. OK? Two men have already been charged with assault. If prosecutors can prove that bear spray is responsible for his death, what then, murder?
HONIG: If they prove that, if the autopsy and the toxicology, which is the blood analysis come back and tie the bear spray to the death, then yes, I believe we will be looking at a murder charge. That new video is so important because what it does is it takes away any defense this individual may have. It's obviously not self-defense, it's obviously intentional.
[22:40:00]
It's not an accidental discharge. He doesn't fire into the crowed. He asks for the bear spray from his friend, he gets it, he holds it up over his head and shoots it directly into Officer Sicknick's face. If they get that scientific link to the death, then I believe we'll see a murder charge.
LEMON: There's been lot to talk about this interview on CBS. Michael Sherwin, the former acting D.C. U.S. attorney who led the initial investigation told CBS the other day that he believed some of the capitol rioters could be charged with sedition. You just talked about sedition. Do prosecutors have the evidence to make that stick, Elie?
HONIG: I think they do. I think you look at what happened inside the capitol, and look, entering the capitol is a crime. You know, unlawful entering to the capitol, destruction of property, theft, a lot of those have been charged. You have to ask the next layer question, which is, what were they trying to do there? Why were they there January 6?
Not because it was a nice random Wednesday in January, because that's the day under law under the Constitution where the electoral votes were counted. That was their purpose. That's why Donald Trump called them there, that's why they stormed the building, that's what they were looking to do inside.
If that's the purpose, if you can establish that, by all means sedition should be charged here. Prosecutors should not be shy about this. Prosecutors have to be fair, but they have to be aggressive. This is the time to be aggressive.
LEMON: Just to be clear, because you know, I asked you about conspiracy and I asked you about sedition and you had two obviously very concise answers. Which one is -- is there one that's more likely or is it a possibility of both here?
HONIG: Conspiracy is -- has already been charged in some cases and is a virtual certainty. Because conspiracy is very common. If you look at federal indictments, any time two or more people are involved and work in concert or any kind of agreement, you will see a conspiracy charge. That is very run of the mill.
Sedition is very rare. There's actually not been a sedition charge in this country in over a decade. There has not been a successful sedition prosecution in this country since 1995 by my former office, the Southern District of New York. So, conspiracy is run of the mill, sedition is very rare. I think both are warranted here.
LEMON: Wow. Well, that's why we have you here. Thanks for the clarification and for the information. Elie Honig, always a pleasure. Thank you, sir.
Investigators are searching for a motive in the deadly Boulder shooting as mourners hold vigils for the 10 people who were killed. We're live in Boulder, and that's next.
[22:45:00]
(COMMERCIAL BREAK)
LEMON (on camera): The suspect in the Boulder mass shooting has his first court appearance tomorrow morning. He's facing 10 counts of murder in the first degree. No word on a motive yet but a source is telling CNN the FBI is examining the suspect's online activity and interviewing his family and friends. One big question. Why did he choose to open fire at the Boulder supermarket when he lives a half hour away?
CNN's Kyung Lah is in Boulder right now for us. Kyung, thank you so much for joining. I appreciate it. Do investigators know why he went to Boulder to commit this shooting?
KYUNG LAH, CNN CORRESPONDENT: They don't yet, and that's really something that's been very puzzling for investigators. A law enforcer source tells CNN that's really going to be something that's very important as far as motive. What was the connection between this suspect and this grocery store? And that's a tie that they feel is going to be critical to really understanding motive here.
Something else that we're hearing from a law enforcement source is that he wasn't part of any previous FBI investigation, so when, you know, there is a federal search, you know, a background check, nothing prevented him from being able to buy this weapon, Don.
LEMON: OK. So, Kyung, you know, I see that you're at that memorial there in Boulder right now. What are you hearing from the people?
LAH: Yes, you know, this is a little reason why I'm speaking a bit softly here, because you know, this is something that we've seen across the city of Boulder tonight. This is just outside the King Soopers, this is the scene. But you can see all these candles are lit here, and we went to a couple different vigils across the city where people were gathering.
They were lighting candles and they said they want to come together just to grieve as a community for what have had happened to their community. Take a listen to a young woman who was at one of these vigils.
(BEGIN VIDEO CLIP)
SKY MARTIN, RESIDENT, BOULDER, COLORADO: It's not like we haven't seen shootings like these before on the news. And I live right across the street and I watched the whole thing over the news on the internet. Like I didn't see -- I didn't go outside my apartment. It just feels so dehumanizing, you know, seeing it across the country.
I mean, like the shooting in Georgia just felt so terrible but so distant. This shouldn't happen. This shouldn't be normal. So, I just think it's so sad how normal it is.
LAH: How do we stop it from being normal?
MARTIN: Gun control.
(END VIDEO CLIP)
LAH (on camera): And she says that very simply because that woman is sick of it, Don. She says that growing up, and you saw how young she is, that she is the generation of the active shooter drill, that she did more active shooter drills as a young child than she did fire drills. And that is the state of our society today. And she says she is simply sick of it. Don?
LEMON: Kyung Lah in Boulder. Kyung, thank you very much. I appreciate your reporting.
Listen, we want to try to help out. A lot is going on. People are dealing with a lot and we need to take the stigma off of mental health. So, if you're experiencing any issues that you need help with, help is available to you. You can call the National Suicide Prevention lifeline. That number is 1-800-273-talk, 1-800-2738-8255. [22:50:06]
No matter what mental health issue that you may be experiencing, they can refer you to the right place to get help. OK? So, call that number. We'll be right back.
(COMMERCIAL BREAK)
LEMON (on camera): More people and more states are now eligible to get their shots. By tomorrow, five states will offer a COVID shot to any resident 16 years and older. And at least 20 other states plan to expand eligibility by the end of April.
But as CNN's Nick Watt reports, this may be a double-edged sword as local health officials worry the expanded demand could challenge their vaccine supply.
[22:55:06]
(BEGIN VIDEO CLIP)
GOV. DOUG DUCEY (R-AZ): Vaccinations will be available to all 16 years and older on March 24th.
NICK WATT, CNN CORRESPONDENT (voice over): That's today. And tomorrow in Georgia?
GOV. BRIAN KEMP (R-GA): All Georgians over the age of 16 will be eligible for the COVID-19 vaccination.
WATT: At least half the states will open vaccination to everyone 16 and older by the end of April. Around 130 million doses now in American arms. Around 1.3 million school staff have now been vaccinated.
UNKNOWN: Anyone who want to speak on it?
WATT: New York City high schools are back in person this week.
MIGUEL CARDONA, EDUCATION SECRETARY: About 75 percent or three quarters of our schools are offering some form of in-person learning including hybrid.
WATT: But --
ROCHELLE WALENSKY, DIRECTOR, CENTERS FOR DISEASE CONTROL AND PREVENTION: I continue to be worried about the latest data and the stall we are seeing in the trajectory of the pandemic. CDC is watching these numbers very closely.
WATT: Nearly 40,000 Americans are hospitalized with the virus and five months after discharge, 7 in 10 people still suffer symptoms. The new study finds. New cases, nearly 53,000 reported yesterday.
ANTHONY FAUCI, DIRECTOR, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES: When you're at that level, I don't think you can declare victory. We are at the corner. Whether or not we're going to be turning that corner still remains to be seen.
WATT: One issue that will emerge, should there be different rules for the vaccinated and the not. The Miami Heat just announced, they will reserve sections in the stands for vaccinated fans only.
(END VIDEO CLIP)
LEMON: Nick Watt, thank you so much.
President Joe Biden holding his first presidential news conference tomorrow. And there won't be any shortage of topics to discuss.
[23:00:00]
(COMMERCIAL BREAK)
