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Don Lemon Tonight
The Pandemic Of The Unvaccinated Is Surging; GOP Sen. Ron Johnson Suggests FBI Knew More About January 6th; Fourth Officer Who Responded To Capitol Riot Dies By Suicide; Senate Pushing Ahead With Massive Infrastructure Bill; Florida Is Now The Epicenter Of Pandemic; McCarthy Jokes About Hitting Pelosi With Gavel; Trump Pressured DOJ To Call The Election 'Corrupt'; Biles To Compete In Olympic Event In Just Hours. Aired 11p-12a ET
Aired August 02, 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]
(COMMERCIAL BREAK)
DON LEMON, CNN HOST (on camera): The pandemic of the unvaccinated is surging tonight. The average daily new coronavirus cases up 44 percent since last week. It is now about 72,000 cases, higher than the peak last summer.
In case you needed any more proof that vaccine save lives, the CDC is confirming that more than 99.99 percent of vaccinated people have not had a breakthrough infection that resulted in death or hospitalization.
Plus, tonight, we are learning two more officers who responded to the insurrection have died by suicide. That comes as some are still pushing dangerous lies about the attack on our Capitol.
This video obtained by "The Washington Post" shows Republican Senator Ron Johnson pushing yet another conspiracy theory about January 6th.
(BEGIN VIDEO CLIP)
SEN. RON JOHNSON (R-WI): And by the way, by the way, and I don't say this publicly, but are you watching what's happening in Michigan? Are you watching? Okay, you're former CIA?
UNKNOWN: Yes.
JOHNSON: Okay, so, so you think the FBI had fully infiltrated the militias in Michigan, but they don't know squat about what was happening on January 6 or what was happening with these groups? I'd say there is -- there is way more to -- there is way more to the story.
(END VIDEO CLIP)
LEMON (on camera): I'm -- jeez. Lord, help us. All right, I want to bring in now CNN senior political commentator David Axelrod. He is a former senior -- Obama senior adviser, and senior political analyst Ron Brownstein.
I meant that. Good evening to both of you. Jeez. What the hell? David, I'm going to start with you. Today, we have this breaking news about these two officers who, you know, took their own lives after -- that is according to their departments, responding to -- after responding to the insurrection while Republicans like Ron Johnson continue to push these conspiracies about January 6th. Do these lawmakers realize how dangerous their words are and just how silly they sound? Silly may not be a strong enough word.
DAVID AXELROD, CNN SENIOR POLITICAL COMMENTATOR, FORMER OBAMA SENIOR ADVISER: No, I don't think silly is a strong enough word. I mean, we are dealing with rampant conspiracy theories in this country, and there is an audience for them. And when people in positions of responsibility choose to use them, they can have deadly results. And we have seen that and we've seen that and we've seen that.
These officers are -- you know, their deaths are tragic. You know, we don't know what else was going on. But, clearly, you know, we heard from those officers last week what a traumatic experience it was to be amid this mob.
And, you know, the thing that is particularly galling when you hear people like Senator Johnson speaking is that these are the same people who professed to be champions of law enforcement.
And, you know, how disrespectful to traffic in these conspiracy theories after all that we have seen and after all we have lost? So, you know, it is not silly, Don. It is in more insidious than that.
LEMON: Mm-hmm. Ron, I want to talk about the coronavirus pandemic. A senior Biden administration official is telling CNN that they believe that there are governors who are putting their political interests ahead of public health in getting people vaccinated. Do you see it that way?
RON BROWNSTEIN, CNN SENIOR POLITICAL ANALYST: Sure. And, in fact, the Biden administration has been relatively hands off on these questions so far. I mean, we are looking at a number of states, Republican- controlled states, where two things are happening at once, where the virus is spreading most rapidly and virulently and the governors are moving most aggressively to dismantle any of the public -- possible public health response to that.
And I think, Don, where this is really going to come to ahead is on the issue of reopening schools because the education department today issued its roadmap, its guidance, the federal education department, for how communities should reopen schools, and they said, one, every kid should be back in school for in-person instruction, but two, they should follow the CDC guidance and require a mask.
Well, in 10 states with Republican governors, that is not possible. They have banned the school districts from requiring masks. We're talking cities as big as Atlanta, Miami, Orlando, Dallas, Houston, and Phoenix. Parents will have no choice but to send their kids back to school, whether or not they feel safe in an environment where there will not be mandatory masking.
I think it is an open question, how willing is the Biden administration to kind of allow this to unfold without pushing back on it more aggressively than they have so far?
LEMON: David, do you want to weigh in on this?
AXELROD: Well, look, I agree with Ron that this is where the rubber is going to hit the road, and I think you're going to see the school districts and these localities engage in legal battle with their governors.
[23:05:05]
AXELROD: That may be where the federal government really can weigh in on this. But here, too, you know, you have governors who professed to believe in the devolving government to the grassroots, that the government closest to the people is the most important government. That is where the decision should be made.
And (INAUDIBLE) the authority of local -- of local school districts, of local mayors, to make the decisions that they think are in the best interests of their -- of the school children in those districts based on the advice that they are getting and based on the guidance of the CDC.
So, you know, the hypocrisy of that is really enormous. But it's just like the last issue we talked about, you know. They think that there is political currency in taking these positions. And so they're taking them, and I think they're putting children at risk.
LEMON: David, you mentioned -- you said hypocrisy. I want to get your response to this because the former president, Barack Obama, is having this party, his 60th birthday party. Hundreds of people will be gathered. He is getting criticism, saying it is hypocritical of him to hold an event that could be a super spreader event, even though that they say that people are going to be masked and socially distance and tested and all of that. There will be, you know, consultants, COVID consultants, at the party.
Do you think it is the right look optically, at least, or the right thing for the former president to be doing at a time where the -- where the variant is spreading, the delta variant is raging in this country?
AXELROD: First of all, Don, I should -- you know, he and I have a long relationship that dates back 30 years. I was invited to that event. And, yes, they -- you know, I can attest to the fact that, you know, we were asked if we were vaccinated, that tests were required. You know, they are following the guidance as the guidance exists.
So, you know, if you're going to go forward in an event like that, do it in accordance with the guidance of the CDC. It is an outdoor event, it is not an indoor event, and they feel comfortable moving forward.
LEMON: All right. BROWNSTEIN: Look, can I just --
LEMON: Go ahead, Ron.
BROWNSTEIN: -- jump in, real quick? I mean, look, the world looks very different on August 1st than people thought it would. On July 1st, there were a lot of plan that were made that now kind of, you know, look shakier in light of what we are actually experiencing.
I mean, I feel the same way watching Major League Baseball every night with 40,000 people in a stadium.
LEMON: A lollapalooza this weekend.
BROWNSTEIN: Lollapalooza. How far -- the virus right now has a safe haven in states that are actively mostly -- basically dominated by red states that are rejecting any kind of public health intervention as a matter of political and public health strategy.
As long as that is the case, it is not going to stay contained in those places. It is going to be very hard for the administration to get a handle on it nationally as long as it is so out of control in some of these red states.
It comes back to the question of can they allow the governors to proceed on this course without confronting them more aggressively than they have so far, whether it is on schools, on masking or even looking at different kinds of vaccine mandates.
LEMON: Ron, the question --
AXELROD: Ron --
LEMON: Go on. Go on, David.
AXELROD: I mean, I just want to say, look, I think that the fundamental question, the reason those states are in the position they are in is because they have trailed the rest of the nation in terms of vaccinations.
BROWNSTEIN: Yeah.
AXELROD: We know what the answer is. You know, this is -- as has been said many times, this is largely a matter of the unvaccinated infecting other unvaccinated people. Now, there are precautions, masking and so on, that can help ameliorate some of these effects or at least reduce the possibility.
But what we really need are people to go out there and lock arms and say, you know what, we all have to get vaccinated for our own safety and the safety of people we love and of our neighbors. Until that happens, we are going to have a continued problem.
LEMON: Hut the vaccinated can still spread. The vaccinated carry -- can still carry the virus and spread it. Go ahead, Ron. BROWNSTEIN: The question is, where the (INAUDIBLE) alone can do that? I mean, you saw what Governor Cuomo did today, basically saying -- urging basically facilities to only allow vaccinated to restaurants or concerts and so forth.
And the question is whether you can get to the level of vaccination that you need solely (INAUDIBLE) or the administration is going to have to go further in the direction of sticks and further mandates than it is so far wanted to.
[23:10:00]
BROWNSTEIN: And it is hard to imagine you are going to get what you need out of these red states with deep ideological resistance solely by offering them lottery tickets or a hundred dollar --
AXELROD: Hey, Ron, let me ask you. Let me ask you this because I think about this a lot. I think everyone should be vaccinated. I think we have a responsibility to get vaccinated, not just to ourselves but to others.
What do you think would happen if there was a national mandate to be vaccinated and how would you enforce it?
LEMON: Yeah. I don't think --
BROWNSTEIN: That might be a bridge --
LEMON: I don't think the president actually has -- I don't think the president can mandate --
BROWNSTEIN: He has the authority.
LEMON: Yeah, he has the authority to mandate everyone.
BROWNSTEIN: But the question is whether you impose more constraints and burdens on the vaccinated or try to impose more constraints and burdens on the unvaccinated --
(CROSSTALK)
LEMON: I guess that's got to be the last word. Thank you both. I appreciate it.
AXELROD: Okay.
BROWNSTEIN: Thank you.
LEMON: I want to get the latest now on the infrastructure bill with Democratic Senator Jon Tester of Montana. Senator, thank you so much. I really appreciate you joining us. I know it is a very busy time for you.
You've been negotiating this bipartisan infrastructure plan for months. Explain it. It is $110 billion for bridges and roads, $65 billion for broadband, $73 billion for power infrastructure. You can see everything else on the screen. And, I want to know, are you confident that this bill is going to make it through?
SEN. JON TESTER (D-MT): Look, we got 67 votes to get on it. I think we can get that and more once people understand what's in the bill. So, yeah, I am very bullish that this bill will make it across the finish line in the Senate, hopefully in the House, and hopefully it will get to the president's desk.
LEMON: Bullish, that's a strong word. Let's see. Progressives like Bernie Sanders say that there can't be an infrastructure bill without a larger spending package. But moderates want them separate. It seems like a thousand things could go wrong. How fragile is it tonight? You said bullish but is there a little bit of fragility there?
TESTER: Well, of course. I mean, it's got to go through the process and you never know what kind of games people can play in the Senate or in the House. But look, I think that if you take a look at this bill in its entirety, it does good things for this economy.
If we want to remain the leader of the world and economic power, I think this infrastructure bill is absolutely critical. If we want to make sure we get good-paying jobs not only for building the infrastructure but for generations to come, we have to pass this bill.
So, yeah, I think there are plenty of reasons to pass it. If you want to take a sliver out of it and say, you know, I don't like the sliver, you can and probably voted against -- vote against it on those grounds. But I the end, if you take a look at the whole of the bill, the bill creates jobs, it maintains our position as an economic power in the world, and I think those are very, very important things to take into consideration when you vote for this.
LEMON: Democratic Leader Chuck Schumer is hoping to pass this bill within days. But Mitch McConnell is warning him not to rush it. What do you is the timeline here?
TESTER: Well, hopefully, we can get it passed by Thursday evening. I think that's the goal. But the truth be known, we got an August recess coming up. The folks want to stay here during the August recess and pass this bill and do reconciliation. I'm fine with that. I'm here. We will do it. I think it is important for the country.
If people want to roll up their sleeves and get the job done, I am also in that camp, so we can get this thing done by Thursday and then move on to reconciliation from there.
LEMON (on camera): You know, while I have you here, I want to get your take on voting rights, senator. At least 18 states have pushed through new laws making it harder to vote. But without changes to the filibuster, it seems like nothing can be done to stop this.
I asked the president about that during our CNN town hall. Take a listen to this.
(BEGIN VIDEO CLIP)
LEMON: If you agree with the former president, he has called -- as you call him your old boss, that it is a relic of Jim Crow.
JOE BIDEN, PRESIDENT OF THE UNITED STATES OF AMERICA: It is.
LEMON: If it's a relic of Jim Crow, it has been used to fight against civil rights legislation historically. Why protect it?
BIDEN: There's no reason to protect it other than you're going to throw the entire Congress into chaos and nothing will get done.
LEMON: All right.
BIDEN: Nothing at all will get done. And there is a lot at stake. The most important one is the right to vote.
(END VIDEO CLIP)
LEMON (on camera): Give me your take. Do you support a filibuster carved for voting rights?
TESTER: Look, I think voting rights are critically important. I think any time you deny any section of our public the right to vote is bad for democracy. It's what's really changed in the last 20, 25 years, when Democrats and Republicans both work to making voting easier.
Now, it seems that one party is trying to make it harder for certain sectors. I as a Democrat want to make it easier for everyone. I want to make sure that everyone who is a citizen can vote. And that's really the bottom line. And so when it comes to the filibuster, look, Don, I think the filibuster makes so we have legislation that stands the test of time.
[23:15:03]
TESTER: But in this particular case, if folks are going to weaponize the filibuster and make it so certain people can't vote within our society, then maybe we need to take a look at the filibuster.
LEMON: Yeah. I also want to ask you about the surge in coronavirus cases. You know, lots of concern around the country. Your state has about 44 percent of its resident vaccinated. We are really in a race against time with this virus. What do you do to convince the people in Montana still refusing their shot?
TESTER: Well, I think we need to encourage them to talk to their medical professionals to make sure that they do get the shot. Look, I think we need to involve the faith leaders to make sure that they're telling folks to get out there and get the shot. It is really important.
Look, the statistics are clear. If you've got the vaccination, your chance to going to hospital or dying are slim to none. If you don't get the vaccination, you're putting yourself, your family, and your loved ones at risk.
And so I would just encourage everybody to talk to their medical professional, to talk to the folks around them, don't believe everything you're reading on the internet because a lot of it is garbage, and go out and get the vaccination. It is safe, it is free, and it is effective.
LEMON: Senator Jon Tester, always a pleasure, sir. Be safe. Thank you.
TESTER: Thanks, Don. Good to talk to you.
LEMON: Hours-long lines at testing centers, record hospitalizations, record cases, Florida now the national epicenter of the pandemic. My next guest says it's the governor's fault.
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[23:20:00]
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LEMON: Coronavirus cases surging across the country but just five states account for nearly half of all new cases with one in five cases coming from Florida alone. Florida is hitting new highs of hospitalizations and cases this weekend. And today, there are hours- long lines to get tested.
Joining me now is Miami Beach Mayor Dan Gelber.
Mayor Gelber, thank you. Man, I am worried about you guys and worried about the southern states. It is raging there. You're putting the blame though on this surge directly on your governor, Ron DeSantis. Why?
MAYOR DAN GELBER (D), MIAMI BEACH, FLORIDA: Well, listen, I'm not putting all the blame on him, but I'm -- he's the most significant voice in the state and he's doing seems to be so much to stop local governments and really the state from addressing this problem.
We had 21,000 positive cases on Saturday. That was the most in the entire time of this pandemic. And he seems to only be taking measures that make it harder for us to address the surge. For some time, he has prevented us from implementing mask mandates. He made vaccine passports illegal. The cruise industry is suing him to try to at least protect their patrons.
He has taken now control from local school boards to make decisions about whether kids coming to school in-person should be masked. And he publicly ridicules the CDC, Fauci and anyone else, frankly, really in a way that undermines everyone's ability to do the one thing we have to do, which is to get people vaccinated, and to also to get them to wear masks now. I mean, it has really become -- it feels like we are protecting our residents from our governor.
LEMON (on camera): Hmm. Just last week, the governor said this.
(BEGIN VIDEO CLIP)
GOV. RON DESANTIS (R-FL): I just want to say, in Florida, there will be no lockdowns. (APPLAUSE)
DESANTIS: There will be no school closures.
(APPLAUSE)
DESANTIS: There will be no restrictions and no mandates in the state of Florida.
(APPLAUSE)
(END VIDEO CLIP)
LEMON (on camera): I assume that is the rhetoric you're talking about when you say protecting the citizens from the governor.
GELBER: Yeah. And by the way, no one is talking about shutting down anything. He's creating this sort of false claim in order to just throw red meat. I mean, he has really made a very nasty political calculation that he is willing to accept disastrous health care consequences in order to just sort of continue to gin these political benefits for himself.
All we want to do is promote. There are a lot of Republican mayors I know, local government officials, who just want to get their residents to be very conscious of a healthy lifestyle at a time when making the wrong decision can be difficult for people. And he's really just making it hard in order to, you know, do these ridiculous red meat speeches.
And by the way, the people he speaking to -- I mean, he's the governor of Florida. He's the most powerful voice in our state. And nationally, he's a very influential voice.
And I believe the people who probably would listen to him the most, his most ardent supporters, are likely people who aren't taking the vaccine at a level they should or are not going to wear masks when they need to.
So he could actually save thousands of lives, I'm convinced, if he simply took a position that is different than the one he is taking right now.
LEMON: Well, how do you feel about Governor DeSantis leaving Florida in the middle of the surge to fund raise in Utah last week?
GELBER: Listen, this has become -- this whole thing has been politicized and you've seen it, Don, from the beginning. Politicizing mask use was just the most absurd thing, politicizing the vaccine, and now doing it again. I mean, you know, we had a huge surge in our state and then we implemented mask mandates when the CDC said, and it went right down.
[23:25:04]
GELBER: And then we started to open up and he banned mask mandates and the surge happened again. It is almost like you can watch the surge of hospitalizations to the things that the governor has done.
You know, I got along with him at the beginning because I think at the very beginning of this, he was just trying to do what anyone in would have, what instinct they would have, which is what do I need to do to protect people?
And at some point and I think it is when Trump sort of saw how this was a political opportunity, he made it a political opportunity, and since then, we've been trying to help residents not with his help but in spite of his efforts. That is really a sort of a story statement.
LEMON: Yea. Listen, I've got to ask you about something that happened there while I have you, ask you about the --
GELBER: Yeah.
LEMON: -- five Miami Beach police officers who were charged with battery over a July 26th arrest? We have some of the surveillance video. I just want to warn people that it is a bit violent. Here it is. CNN is attempting to make contact with the officers for comment. But I got to ask you, is it ever acceptable to see officers treating someone this way? What is the department doing to make sure that this does not happen again?
GELBER: By the way, I mean, you know, I agree, what we did, it happened, and it's not acceptable obviously. Our chief, within hours of this happening, within hours, not days later when someone else discovered the camera, but within hours, the chief relieved the officers of duty and referred them to the state attorney within hours, the same day.
So, you know, I believe we've got a very good department, by the way, and I've seen officers deescalate almost all the time, in instances often that where they have peril, but you would expect a department to do what our department did when this happened, which is to immediately, quickly and decisively say this is unacceptable.
They didn't suspend the officers, they relieve them of duty, and they immediately sent it to the state attorney, I think, within a week or two, filed these battery charges.
So, of course, it is unacceptable, but I think what we did was the right thing, and I will say that this is not who our department is, and I think the best proof of that is how quickly and decisively we responded to this.
LEMON: Yeah. Mayor Gelber, thank you very much. You be safe, man.
GELBER: Thank you, too, Don. Thank you.
LEMON: Thank you. So, she called him a moron. And now, the House minority leader, Kevin McCarthy, is cracking jokes about hitting Speaker Nancy Pelosi, physically hitting her. I don't know what's funny about that. Stay with us.
(COMMERCIAL BREAK) [23:30:00]
(COMMERCIAL BREAK)
LEMON (on camera): The House Minority Leader, Kevin McCarthy, under fire from Democrats after joking that it would be hard not to hit Nancy Pelosi, the House Speaker, with the gavel if he becomes speaker after the 2022 midterm elections.
(BEGIN VIDEO CLIP)
REP. KEVIN MCCARTHY (R-CA) (voice-over): I'll make this one promise here: when we win the majority, which I know we're going to do, you're all invited --
(APPLAUSE)
MCCARTHY: More importantly, I want you to watch Nancy Pelosi hand me that gavel.
(APPLAUSE)
MCCARTHY: It'll be hard not to hit her with it, but I will bang it down.
(END VIDEO CLIP)
LEMON (on camera): So joining me now are CNN political commentators Ana Navarro and Alice Stewart. Good evening to both of you.
ALICE STEWART, CNN POLITICAL COMMENTATOR, REPUBLICAN STRATEGIST, FORMER COMMUNICATIONS DIRECTOR FOR SENATOR TED CRUZ: Hi, Don.
LEMON: Alice, I'm going to start with you. McCarthy's office is dismissing the complaints. His spokesman said that he was obviously joking. What do you think about this, all of this, Alice?
STEWART: If it was a joke, it wasn't very funny. It was a stupid comment, it was very poorly said, and unfortunately, the people in the audience laughed about it. And I do think he owes Speaker Pelosi an apology.
As for calls for him to step down and resign, I think that is completely unnecessary. Look, the rivalry between Pelosi and McCarthy has heated up recently. As you've mentioned, she called him a moron last week and he is going after her in a private fundraiser, in a situation where he thought he was speaking off the record with supporters.
Look, here is the situation. Nancy Pelosi is the speaker of the House. She is a powerful person. She is the third in line to be president. She happens to be a woman. So, a lot of Democrats have said that he is going after her because she is a woman or violence against women. This is a political rival making a political statement against someone that he wants to take out of her current position because he wants to be the next speaker. I think it is nothing more than that. Democrats are already trying to raise money off of it, but I think it is just another step in the ongoing battle between Pelosi and McCarthy.
LEMON: Ana, I want you to weigh in, but let me just tell you what Pelosi's deputy chief of staff, Drew Hammill, tweeted. He says a threat of violence to someone who was a target of the January 6th assassination attempt from your fellow Trump supporters is irresponsible and disgusting.
Look, we've heard recordings and accounts from rioters threatening violence and even death on Speaker Pelosi. I'm not sure why he would even make this joke.
[23:35:00]
LEMON: I mean, he lived through the insurrection.
ANA NAVARRO, CNN POLITICAL COMMENTATOR: Apparently, he has forgotten that. Look, Don, I do think there was a lame ass attempt at humor. And really, anybody who wants to go see a middle-aged white guy trying to be funny, there is plenty of Billy Crystal and Steve Martin movies that you can rent on demand. This guy, the most offensive part about it to me is his butchering humor.
But, you know, yes, Nancy Pelosi called him a moron last week as she was going into her private car and was clocked by a hot mic. And it was not a threat of violence. This was a threat of violence, a stupid, stupid thing for him to say in the midst of the days that we've lived through and the face that we've seen in the last six months since January 6th. Frankly, if they were both in kindergarten, the teacher would put them both in timeout.
I think that the American people should expect better from this highest level of elected leaders. That being said, I'm having a hard time getting outraged by McCarthy's stupidity and lack of ability to make a good joke because I'm really pissed off of McCarthy whitewashing the January 6th commission and pretending that it didn't happen and saying he didn't have the time to listen to the testimony of the four officers, as we learn about more officers committing suicide, more of the officers who responded to January 6th committing suicide.
And I'm really pissed off that I'm sitting in Miami-Dade, one of the counties leading in new COVID hospitalizations, while McCarthy has allowed most of the republican conference to make a mockery of vaccinations and wearing masks, and while he has been going to Fox News, to outlets that have promoted not getting vaccinated and promoted misinformation.
There are 17 children, five minutes from my house, at Nicholas Children's Hospital. Six of them are in the ICU. And so I'm really angry at his lack of leadership, at his irresponsibility, at his exploitation of COVID and vaccinations for political purposes.
And so, yes, so forgive me that today I can't get angry about his idiocy with the attempt for this joke --
LEMON: Mm-hmm.
NAVARRO: -- because there are much, much more horrible things that are happening which he has been complicit.
LEMON: Alice, do you want to respond to that?
STEWART: Look, I think I agree with Ana on a lot of that with regard to Kevin McCarthy. He is completely wrong to go along with the big lie, that the results of the election were flawed. He is completely wrong to not participate in the investigation that Speaker Pelosi and others are putting forth.
He is also completely wrong to be complacent with a lot of the comments and statements and the former president's -- really, his role in inciting the insurrection.
That being said, he is laser-focused on job number one for Republicans and that is to win back the House and help the Senate win back in the midterm elections. In order to do so, he is going to continue to feed red meat to the base and he is going to provide what they appear to be supporting, which is the former president and the big lie because he wants to get back the seats in the House and he wants to be the speaker.
LEMON: Alice, can I jump in? Let me ask -- listen, I think you bring up a very good point. He is doing what he thinks the job is, right, what he has to get accomplished, which is to become the speaker of the House and make Republicans the majority. But do you think that is the way to do it?
Do you think that they want, especially in light of the fourth officer we are hearing who was part of the insurrection, committing suicide, do you think that is the right way to do it, what he is doing?
STEWART: First of all, news of that today was heartbreaking. News of any of the deaths as a result of the January 6 is heartbreaking and could have been avoided if we didn't have the insurrection in the first place.
Look, in my view -- the best way to go about winning back the House, in my view, is to focus on the policies and get away from the personalities and the false statements of the personality of the previous president.
The Republican Party's best move forward and best path forward is to get back to traditional policies of the party, bring back the suburban white voters that we lost due to the last president, and keep on the Trump -- the MAGA Republicans and keep -- also bring on the traditional Republicans. That is the path forward.
Right now, what we are seeing with the MAGA wing of the Republican Party, the best way to move forward is the MAGA way.
LEMON: I got to -- STEWART: But we need --
NAVARRO: The MAGA --
LEMON: I got to get Ana in. Quickly, Ana. Go ahead, please.
[23:39:53]
NAVARRO: The MAGA wing that Kevin McCarthy (INAUDIBLE) that his Kevin McCarthy and his cronies are going, they are going to kill their followers, okay, if they continue with this misinformation campaign and looking the other way as people who support them continue exploiting COVID.
So, if they want to call every Democrat that is breathing, a socialist, and use that as a wedge issue, fine, but don't play around with people's lives, and that is what he is doing with the January 6 commission, that is what he is doing with Republican (INAUDIBLE) doing with the response to COVID and vaccination.
LEMON: Listen, Alice, I think a lot of people agree with you, at least, on the part about traditional, bringing back traditional Republicans and conservatives. That would certainly be a breath of fresh air for the country. I'm sure Ana can agree with that as well since she is a traditional --
(LAUGHTER)
LEMON: -- conservative.
STEWART: A lot of us still out there.
LEMON: Thank you both. I appreciate it.
STEWART: Thanks, Don.
LEMON: Impeached again. Really? Will there be any consequences for the former president pressuring the DOJ to call a free and fair election corrupt? That is ahead.
And -- that is next, I should say. And ahead, Simone Biles is getting ready for a comeback, competing just hours from now.
(COMMERCIAL BREAK)
[23:45:00]
(COMMERCIAL BREAK)
LEMON: The former president's weaponization of the Justice Department coming into sharper focus as we learn more about how he pressed top DOJ officials to falsely declare the 2020 election corrupt.
The House Oversight Committee is releasing notes taken by then Acting Deputy Attorney General Richard Donoghue during a December phone call with the then president and then Acting Attorney General Jeffrey Rosen.
According to the notes, Trump said this. Just say that the election was corrupt plus leave the rest to me or/and leave the rest to me and the "R" congressmen, the "R" meaning Republican there.
So joining me now is CNN's legal analyst and former U.S. attorney Preet Bharara. Preet, thank you so much. Man, this is -- it is really concerning. These notes from Donoghue are stunning. We are learning more by the week, just how far Trump is willing to go or was willing to go to pressure the DOJ to undermine the election result. Do you think that this could be his this impeachable offense?
PREET BHARARA, CNN SENIOR LEGAL ANALYST: You know I tweeted that (INAUDIBLE). I think if there had not been two prior impeachment attempts, I think if he was still in office, I think if some circumstances were different, maybe there will be some movement in that direction because this conduct, by the way, is arguably the most egregious conduct of his entire presidency.
It involved Ukraine. It involved trying to -- as you put it in the intro -- weaponize the Justice Department that is supposed to be independent and neutral, and in the act of doing justice to overturn an election.
And what is really remarkable about this is the current Justice Department, you know, full of people obviously led by politically- appointed process, has made the determination that these notes were to be turned over the House Oversight Committee and the Senate Judiciary Committee, which means they made a determination, which seems right to me, that his conduct was extraordinary, does not deserve to be protected under executive privilege, and it was undertaken in Trump's personal capacity as a candidate, not in his official capacity as a president.
And all of that suggests even more, I think, aggressively that this conduct was outrageous and maybe the worst of this presidency.
LEMON: Yeah. He's only been out of office eight months. I mean, I can imagine what more is going to come out. I can't. Who knows? Trump knows plenty of lawmakers who promoted the big lie. Many are still doing it. What will happen if we find that Republican lawmakers knew about or were involved in Trump's attempts to pressure the DOJ?
BHARARA: I don't know. There are some statutes that are floating around the people are discussing. There's one section, 610 of the Title 18, which criminalizes a federal official from intimidating another federal official into engaging in political activity.
This is not quite within the heartland of that, although arguments can be made. You had members of Congress and you had a president who was intimidating and coercing people to engage in political activity through their offices.
I think the other question that is raised by your question is whether or not we will get to the bottom of that. At the same time this is going on in those two committees, the House Oversight and Senate Judiciary Committee are looking these matters, to have the select committee in the House.
There is a real question about whether or not they will issue subpoenas to other members of Congress, fellow members of Congress, and whether or not those subpoenas can be resisted. There's not a lot of precedent for that.
One way to get to the bottom this is to have those people come before the panel and testify. So that is preliminary to the issue of whether or not there will be accountability. First is the question of getting to the truth.
LEMON: Rosen and Donoghue called out Trump multiple times, telling him, we are doing our job. Much of the info you are getting is false. And then at other point, they said, the DOJ can't and won't snap its fingers and change the outcome of the election.
Preet, what could have happened if the DOJ was being run by people who didn't push back?
BHARARA: Well, there's a prospect of that. Some of these notes also indicate that Donald Trump was trying to replace Barr's replacement, so a replacement for replacement with someone who is more pliable.
[23:50:05]
BHARARA: I shudder to think what would have happened if the place was run by people who are just prepared to do anything that Trump asked them to do and also the White House counsel's office.
Some of what we have seen is that Don McGahn, who I think was no hero in lots and lots of ways, who is a former White House counsel to President Trump, at the end of the day, when asked to do the unthinkable, fire Bob Mueller, didn't do it.
In this case, this group of professionals didn't do it. I'm not saying they should be lauded as heroes necessarily because they bare minimum of what is required of someone -- you know, the line level at the DOJ or at the pinnacle of that department is not to, you know, a seed to a political candidate's mandate to overturn an election based on no facts.
Remember, at the time this was all happening, with these phone calls we are learning about now, there were other private lawyers for the president, Rudy Giuliani and Sidney Powell. Sidney Powell, I believe, was about to be sanctioned. Rudy Giuliani, because of his conduct in the representation of Donald Trump about these very matters you and I are discussing, has had his law license suspended into jurisdictions.
LEMON: Right.
BHARARA: I suppose they thought better of that. I prefer not to think about what would happen if they had been acquiescent.
LEMON: Yeah. Preet, thank you so much. I appreciate your time.
BHARARA: Sure, Don. LEMON: After pulling out of multiple Olympic events, Simone Biles returning to the competition floor in just hours. More, next.
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[23:55:00]
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LEMON: In just a few, short hours, gymnast Simone Biles will return to competition in the Tokyo Olympics. USA Gymnastics confirming today that the four-time gold medal winner will take part in Tuesday's individual balance beam finals alongside teammate Suni Lee. It is her last opportunity, though, to compete in Tokyo. Biles withdrew from the women's team finals last week, citing mental-health concerns, also withdrawing from four other individual finals in the games.
The 24-year-old Biles has earned a reputation as one of the best gymnasts of all time, and we will be rooting for her come tomorrow and now.
Thanks for watching, everyone. Our coverage continues.
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[23:00:00]
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DON LEMON, CNN HOST (on camera): The pandemic of the unvaccinated is surging tonight. The average daily new coronavirus cases up 44 percent since last week. It is now about 72,000 cases, higher than the peak last summer.
In case you needed any more proof that vaccine save lives, the CDC is confirming that more than 99.99 percent of vaccinated people have not had a breakthrough infection that resulted in death or hospitalization.
Plus, tonight, we are learning two more officers who responded to the insurrection have died by suicide. That comes as some are still pushing dangerous lies about the attack on our Capitol.
This video obtained by "The Washington Post" shows Republican Senator Ron Johnson pushing yet another conspiracy theory about January 6th.
(BEGIN VIDEO CLIP)
SEN. RON JOHNSON (R-WI): And by the way, by the way, and I don't say this publicly, but are you watching what's happening in Michigan? Are you watching? Okay, you're former CIA?
UNKNOWN: Yes.
JOHNSON: Okay, so, so you think the FBI had fully infiltrated the militias in Michigan, but they don't know squat about what was happening on January 6 or what was happening with these groups? I'd say there is -- there is way more to -- there is way more to the story.
(END VIDEO CLIP)
LEMON (on camera): I'm -- jeez. Lord, help us. All right, I want to bring in now CNN senior political commentator David Axelrod. He is a former senior -- Obama senior adviser, and senior political analyst Ron Brownstein.
I meant that. Good evening to both of you. Jeez. What the hell? David, I'm going to start with you. Today, we have this breaking news about these two officers who, you know, took their own lives after -- that is according to their departments, responding to -- after responding to the insurrection while Republicans like Ron Johnson continue to push these conspiracies about January 6th. Do these lawmakers realize how dangerous their words are and just how silly they sound? Silly may not be a strong enough word.
DAVID AXELROD, CNN SENIOR POLITICAL COMMENTATOR, FORMER OBAMA SENIOR ADVISER: No, I don't think silly is a strong enough word. I mean, we are dealing with rampant conspiracy theories in this country, and there is an audience for them. And when people in positions of responsibility choose to use them, they can have deadly results. And we have seen that and we've seen that and we've seen that.
These officers are -- you know, their deaths are tragic. You know, we don't know what else was going on. But, clearly, you know, we heard from those officers last week what a traumatic experience it was to be amid this mob.
And, you know, the thing that is particularly galling when you hear people like Senator Johnson speaking is that these are the same people who professed to be champions of law enforcement.
And, you know, how disrespectful to traffic in these conspiracy theories after all that we have seen and after all we have lost? So, you know, it is not silly, Don. It is in more insidious than that.
LEMON: Mm-hmm. Ron, I want to talk about the coronavirus pandemic. A senior Biden administration official is telling CNN that they believe that there are governors who are putting their political interests ahead of public health in getting people vaccinated. Do you see it that way?
RON BROWNSTEIN, CNN SENIOR POLITICAL ANALYST: Sure. And, in fact, the Biden administration has been relatively hands off on these questions so far. I mean, we are looking at a number of states, Republican- controlled states, where two things are happening at once, where the virus is spreading most rapidly and virulently and the governors are moving most aggressively to dismantle any of the public -- possible public health response to that.
And I think, Don, where this is really going to come to ahead is on the issue of reopening schools because the education department today issued its roadmap, its guidance, the federal education department, for how communities should reopen schools, and they said, one, every kid should be back in school for in-person instruction, but two, they should follow the CDC guidance and require a mask.
Well, in 10 states with Republican governors, that is not possible. They have banned the school districts from requiring masks. We're talking cities as big as Atlanta, Miami, Orlando, Dallas, Houston, and Phoenix. Parents will have no choice but to send their kids back to school, whether or not they feel safe in an environment where there will not be mandatory masking.
I think it is an open question, how willing is the Biden administration to kind of allow this to unfold without pushing back on it more aggressively than they have so far?
LEMON: David, do you want to weigh in on this?
AXELROD: Well, look, I agree with Ron that this is where the rubber is going to hit the road, and I think you're going to see the school districts and these localities engage in legal battle with their governors.
[23:05:05] AXELROD: That may be where the federal government really can weigh in on this. But here, too, you know, you have governors who professed to believe in the devolving government to the grassroots, that the government closest to the people is the most important government. That is where the decision should be made.
And (INAUDIBLE) the authority of local -- of local school districts, of local mayors, to make the decisions that they think are in the best interests of their -- of the school children in those districts based on the advice that they are getting and based on the guidance of the CDC.
So, you know, the hypocrisy of that is really enormous. But it's just like the last issue we talked about, you know. They think that there is political currency in taking these positions. And so they're taking them, and I think they're putting children at risk.
LEMON: David, you mentioned -- you said hypocrisy. I want to get your response to this because the former president, Barack Obama, is having this party, his 60th birthday party. Hundreds of people will be gathered. He is getting criticism, saying it is hypocritical of him to hold an event that could be a super spreader event, even though that they say that people are going to be masked and socially distance and tested and all of that. There will be, you know, consultants, COVID consultants, at the party.
Do you think it is the right look optically, at least, or the right thing for the former president to be doing at a time where the -- where the variant is spreading, the delta variant is raging in this country?
AXELROD: First of all, Don, I should -- you know, he and I have a long relationship that dates back 30 years. I was invited to that event. And, yes, they -- you know, I can attest to the fact that, you know, we were asked if we were vaccinated, that tests were required. You know, they are following the guidance as the guidance exists.
So, you know, if you're going to go forward in an event like that, do it in accordance with the guidance of the CDC. It is an outdoor event, it is not an indoor event, and they feel comfortable moving forward.
LEMON: All right.
BROWNSTEIN: Look, can I just --
LEMON: Go ahead, Ron.
BROWNSTEIN: -- jump in, real quick? I mean, look, the world looks very different on August 1st than people thought it would. On July 1st, there were a lot of plan that were made that now kind of, you know, look shakier in light of what we are actually experiencing.
I mean, I feel the same way watching Major League Baseball every night with 40,000 people in a stadium.
LEMON: A lollapalooza this weekend. BROWNSTEIN: Lollapalooza. How far -- the virus right now has a safe haven in states that are actively mostly -- basically dominated by red states that are rejecting any kind of public health intervention as a matter of political and public health strategy.
As long as that is the case, it is not going to stay contained in those places. It is going to be very hard for the administration to get a handle on it nationally as long as it is so out of control in some of these red states.
It comes back to the question of can they allow the governors to proceed on this course without confronting them more aggressively than they have so far, whether it is on schools, on masking or even looking at different kinds of vaccine mandates.
LEMON: Ron, the question --
AXELROD: Ron --
LEMON: Go on. Go on, David.
AXELROD: I mean, I just want to say, look, I think that the fundamental question, the reason those states are in the position they are in is because they have trailed the rest of the nation in terms of vaccinations.
BROWNSTEIN: Yeah.
AXELROD: We know what the answer is. You know, this is -- as has been said many times, this is largely a matter of the unvaccinated infecting other unvaccinated people. Now, there are precautions, masking and so on, that can help ameliorate some of these effects or at least reduce the possibility.
But what we really need are people to go out there and lock arms and say, you know what, we all have to get vaccinated for our own safety and the safety of people we love and of our neighbors. Until that happens, we are going to have a continued problem.
LEMON: Hut the vaccinated can still spread. The vaccinated carry -- can still carry the virus and spread it. Go ahead, Ron.
BROWNSTEIN: The question is, where the (INAUDIBLE) alone can do that? I mean, you saw what Governor Cuomo did today, basically saying -- urging basically facilities to only allow vaccinated to restaurants or concerts and so forth.
And the question is whether you can get to the level of vaccination that you need solely (INAUDIBLE) or the administration is going to have to go further in the direction of sticks and further mandates than it is so far wanted to.
[23:10:00]
BROWNSTEIN: And it is hard to imagine you are going to get what you need out of these red states with deep ideological resistance solely by offering them lottery tickets or a hundred dollar --
AXELROD: Hey, Ron, let me ask you. Let me ask you this because I think about this a lot. I think everyone should be vaccinated. I think we have a responsibility to get vaccinated, not just to ourselves but to others.
What do you think would happen if there was a national mandate to be vaccinated and how would you enforce it?
LEMON: Yeah. I don't think --
BROWNSTEIN: That might be a bridge --
LEMON: I don't think the president actually has -- I don't think the president can mandate --
BROWNSTEIN: He has the authority.
LEMON: Yeah, he has the authority to mandate everyone.
BROWNSTEIN: But the question is whether you impose more constraints and burdens on the vaccinated or try to impose more constraints and burdens on the unvaccinated --
(CROSSTALK)
LEMON: I guess that's got to be the last word. Thank you both. I appreciate it.
AXELROD: Okay.
BROWNSTEIN: Thank you.
LEMON: I want to get the latest now on the infrastructure bill with Democratic Senator Jon Tester of Montana. Senator, thank you so much. I really appreciate you joining us. I know it is a very busy time for you.
You've been negotiating this bipartisan infrastructure plan for months. Explain it. It is $110 billion for bridges and roads, $65 billion for broadband, $73 billion for power infrastructure. You can see everything else on the screen. And, I want to know, are you confident that this bill is going to make it through?
SEN. JON TESTER (D-MT): Look, we got 67 votes to get on it. I think we can get that and more once people understand what's in the bill. So, yeah, I am very bullish that this bill will make it across the finish line in the Senate, hopefully in the House, and hopefully it will get to the president's desk.
LEMON: Bullish, that's a strong word. Let's see. Progressives like Bernie Sanders say that there can't be an infrastructure bill without a larger spending package. But moderates want them separate. It seems like a thousand things could go wrong. How fragile is it tonight? You said bullish but is there a little bit of fragility there?
TESTER: Well, of course. I mean, it's got to go through the process and you never know what kind of games people can play in the Senate or in the House. But look, I think that if you take a look at this bill in its entirety, it does good things for this economy.
If we want to remain the leader of the world and economic power, I think this infrastructure bill is absolutely critical. If we want to make sure we get good-paying jobs not only for building the infrastructure but for generations to come, we have to pass this bill.
So, yeah, I think there are plenty of reasons to pass it. If you want to take a sliver out of it and say, you know, I don't like the sliver, you can and probably voted against -- vote against it on those grounds. But I the end, if you take a look at the whole of the bill, the bill creates jobs, it maintains our position as an economic power in the world, and I think those are very, very important things to take into consideration when you vote for this.
LEMON: Democratic Leader Chuck Schumer is hoping to pass this bill within days. But Mitch McConnell is warning him not to rush it. What do you is the timeline here?
TESTER: Well, hopefully, we can get it passed by Thursday evening. I think that's the goal. But the truth be known, we got an August recess coming up. The folks want to stay here during the August recess and pass this bill and do reconciliation. I'm fine with that. I'm here. We will do it. I think it is important for the country.
If people want to roll up their sleeves and get the job done, I am also in that camp, so we can get this thing done by Thursday and then move on to reconciliation from there.
LEMON (on camera): You know, while I have you here, I want to get your take on voting rights, senator. At least 18 states have pushed through new laws making it harder to vote. But without changes to the filibuster, it seems like nothing can be done to stop this.
I asked the president about that during our CNN town hall. Take a listen to this.
(BEGIN VIDEO CLIP)
LEMON: If you agree with the former president, he has called -- as you call him your old boss, that it is a relic of Jim Crow.
JOE BIDEN, PRESIDENT OF THE UNITED STATES OF AMERICA: It is.
LEMON: If it's a relic of Jim Crow, it has been used to fight against civil rights legislation historically. Why protect it?
BIDEN: There's no reason to protect it other than you're going to throw the entire Congress into chaos and nothing will get done.
LEMON: All right.
BIDEN: Nothing at all will get done. And there is a lot at stake. The most important one is the right to vote.
(END VIDEO CLIP)
LEMON (on camera): Give me your take. Do you support a filibuster carved for voting rights?
TESTER: Look, I think voting rights are critically important. I think any time you deny any section of our public the right to vote is bad for democracy. It's what's really changed in the last 20, 25 years, when Democrats and Republicans both work to making voting easier.
Now, it seems that one party is trying to make it harder for certain sectors. I as a Democrat want to make it easier for everyone. I want to make sure that everyone who is a citizen can vote. And that's really the bottom line. And so when it comes to the filibuster, look, Don, I think the filibuster makes so we have legislation that stands the test of time.
[23:15:03]
TESTER: But in this particular case, if folks are going to weaponize the filibuster and make it so certain people can't vote within our society, then maybe we need to take a look at the filibuster.
LEMON: Yeah. I also want to ask you about the surge in coronavirus cases. You know, lots of concern around the country. Your state has about 44 percent of its resident vaccinated. We are really in a race against time with this virus. What do you do to convince the people in Montana still refusing their shot?
TESTER: Well, I think we need to encourage them to talk to their medical professionals to make sure that they do get the shot. Look, I think we need to involve the faith leaders to make sure that they're telling folks to get out there and get the shot. It is really important.
Look, the statistics are clear. If you've got the vaccination, your chance to going to hospital or dying are slim to none. If you don't get the vaccination, you're putting yourself, your family, and your loved ones at risk.
And so I would just encourage everybody to talk to their medical professional, to talk to the folks around them, don't believe everything you're reading on the internet because a lot of it is garbage, and go out and get the vaccination. It is safe, it is free, and it is effective.
LEMON: Senator Jon Tester, always a pleasure, sir. Be safe. Thank you.
TESTER: Thanks, Don. Good to talk to you.
LEMON: Hours-long lines at testing centers, record hospitalizations, record cases, Florida now the national epicenter of the pandemic. My next guest says it's the governor's fault.
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LEMON: Coronavirus cases surging across the country but just five states account for nearly half of all new cases with one in five cases coming from Florida alone. Florida is hitting new highs of hospitalizations and cases this weekend. And today, there are hours- long lines to get tested.
Joining me now is Miami Beach Mayor Dan Gelber. Mayor Gelber, thank you. Man, I am worried about you guys and worried about the southern states. It is raging there. You're putting the blame though on this surge directly on your governor, Ron DeSantis. Why?
MAYOR DAN GELBER, MIAMI BEACH, FLORIDA: Well, listen, I'm not putting all the blame on him, but I'm -- he's the most significant voice in the state and he's doing seems to be so much to stop local governments and really the state from addressing this problem.
We had 21,000 positive cases on Saturday. That was the most in the entire time of this pandemic. And he seems to only be taking measures that make it harder for us to address the surge. For some time, he has prevented us from implementing mask mandates. He made vaccine passports illegal. The cruise industry is suing him to try to at least protect their patrons.
He has taken now control from local school boards to make decisions about whether kids coming to school in-person should be masked. And he publicly ridicules the CDC, Fauci and anyone else, frankly, really in a way that undermines everyone's ability to do the one thing we have to do, which is to get people vaccinated, and to also to get them to wear masks now. I mean, it has really become -- it feels like we are protecting our residents from our governor.
LEMON (on camera): Hmm. Just last week, the governor said this.
(BEGIN VIDEO CLIP)
GOV. RON DESANTIS (R-FL): I just want to say, in Florida, there will be no lockdowns.
(APPLAUSE)
DESANTIS: There will be no school closures.
(APPLAUSE)
DESANTIS: There will be no restrictions and no mandates in the state of Florida.
(APPLAUSE)
(END VIDEO CLIP)
LEMON (on camera): I assume that is the rhetoric you're talking about when you say protecting the citizens from the governor.
GELBER: Yeah. And by the way, no one is talking about shutting down anything. He's creating this sort of false claim in order to just throw red meat. I mean, he has really made a very nasty political calculation that he is willing to accept disastrous health care consequences in order to just sort of continue to gin these political benefits for himself.
All we want to do is promote. There are a lot of Republican mayors I know, local government officials, who just want to get their residents to be very conscious of a healthy lifestyle at a time when making the wrong decision can be difficult for people. And he's really just making it hard in order to, you know, do these ridiculous red meat speeches.
And by the way, the people he speaking to -- I mean, he's the governor of Florida. He's the most powerful voice in our state. And nationally, he's a very influential voice.
And I believe the people who probably would listen to him the most, his most ardent supporters, are likely people who aren't taking the vaccine at a level they should or are not going to wear masks when they need to.
So he could actually save thousands of lives, I'm convinced, if he simply took a position that is different than the one he is taking right now.
LEMON: Well, how do you feel about Governor DeSantis leaving Florida in the middle of the surge to fund raise in Utah last week?
GELBER: Listen, this has become -- this whole thing has been politicized and you've seen it, Don, from the beginning. Politicizing mask use was just the most absurd thing, politicizing the vaccine, and now doing it again. I mean, you know, we had a huge surge in our state and then we implemented mask mandates when the CDC said, and it went right down.
[23:25:04]
GELBER: And then we started to open up and he banned mask mandates and the surge happened again. It is almost like you can watch the surge of hospitalizations to the things that the governor has done.
You know, I got along with him at the beginning because I think at the very beginning of this, he was just trying to do what anyone in would have, what instinct they would have, which is what do I need to do to protect people?
And at some point and I think it is when Trump sort of saw how this was a political opportunity, he made it a political opportunity, and since then, we've been trying to help residents not with his help but in spite of his efforts. That is really a sort of a story statement.
LEMON: Yea. Listen, I've got to ask you about something that happened there while I have you, ask you about the -- GELBER: Yeah.
LEMON: -- five Miami Beach police officers who were charged with battery over a July 26th arrest? We have some of the surveillance video. I just want to warn people that it is a bit violent. Here it is. CNN is attempting to make contact with the officers for comment. But I got to ask you, is it ever acceptable to see officers treating someone this way? What is the department doing to make sure that this does not happen again?
GELBER: By the way, I mean, you know, I agree, what we did, it happened, and it's not acceptable obviously. Our chief, within hours of this happening, within hours, not days later when someone else discovered the camera, but within hours, the chief relieved the officers of duty and referred them to the state attorney within hours, the same day.
So, you know, I believe we've got a very good department, by the way, and I've seen officers deescalate almost all the time, in instances often that where they have peril, but you would expect a department to do what our department did when this happened, which is to immediately, quickly and decisively say this is unacceptable.
They didn't suspend the officers, they relieve them of duty, and they immediately sent it to the state attorney, I think, within a week or two, filed these battery charges.
So, of course, it is unacceptable, but I think what we did was the right thing, and I will say that this is not who our department is, and I think the best proof of that is how quickly and decisively we responded to this.
LEMON: Yeah. Mayor Gelber, thank you very much. You be safe, man.
GELBER: Thank you, too, Don. Thank you.
LEMON: Thank you. So, she called him a moron. And now, the House minority leader, Kevin McCarthy, is cracking jokes about hitting Speaker Nancy Pelosi, physically hitting her. I don't know what's funny about that. Stay with us.
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[23:30:00]
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LEMON (on camera): The House Minority Leader, Kevin McCarthy, under fire from Democrats after joking that it would be hard not to hit Nancy Pelosi, the House Speaker, with the gavel if he becomes speaker after the 2022 midterm elections.
(BEGIN VIDEO CLIP)
REP. KEVIN MCCARTHY (R-CA) (voice-over): I'll make this one promise here: when we win the majority, which I know we're going to do, you're all invited --
(APPLAUSE)
MCCARTHY: More importantly, I want you to watch Nancy Pelosi hand me that gavel.
(APPLAUSE)
MCCARTHY: It'll be hard not to hit her with it, but I will bang it down.
(END VIDEO CLIP)
LEMON (on camera): So joining me now are CNN political commentators Ana Navarro and Alice Stewart. Good evening to both of you.
ALICE STEWART, CNN POLITICAL COMMENTATOR, REPUBLICAN STRATEGIST, FORMER COMMUNICATIONS DIRECTOR FOR SENATOR TED CRUZ: Hi, Don.
LEMON: Alice, I'm going to start with you. McCarthy's office is dismissing the complaints. His spokesman said that he was obviously joking. What do you think about this, all of this, Alice?
STEWART: If it was a joke, it wasn't very funny. It was a stupid comment, it was very poorly said, and unfortunately, the people in the audience laughed about it. And I do think he owes Speaker Pelosi an apology.
As for calls for him to step down and resign, I think that is completely unnecessary. Look, the rivalry between Pelosi and McCarthy has heated up recently. As you've mentioned, she called him a moron last week and he is going after her in a private fundraiser, in a situation where he thought he was speaking off the record with supporters.
Look, here is the situation. Nancy Pelosi is the speaker of the House. She is a powerful person. She is the third in line to be president. She happens to be a woman. So, a lot of Democrats have said that he is going after her because she is a woman or violence against women. This is a political rival making a political statement against someone that he wants to take out of her current position because he wants to be the next speaker.
I think it is nothing more than that. Democrats are already trying to raise money off of it, but I think it is just another step in the ongoing battle between Pelosi and McCarthy.
LEMON: Ana, I want you to weigh in, but let me just tell you what Pelosi's deputy chief of staff, Drew Hammill, tweeted. He says a threat of violence to someone who was a target of the January 6th assassination attempt from your fellow Trump supporters is irresponsible and disgusting.
Look, we've heard recordings and accounts from rioters threatening violence and even death on Speaker Pelosi. I'm not sure why he would even make this joke. [23:35:00]
LEMON: I mean, he lived through the insurrection.
ANA NAVARRO, CNN POLITICAL COMMENTATOR: Apparently, he has forgotten that. Look, Don, I do think there was a lame ass attempt at humor. And really, anybody who wants to go see a middle-aged white guy trying to be funny, there is plenty of Billy Crystal and Steve Martin movies that you can rent on demand. This guy, the most offensive part about it to me is his butchering humor.
But, you know, yes, Nancy Pelosi called him a moron last week as she was going into her private car and was clocked by a hot mic. And it was not a threat of violence. This was a threat of violence, a stupid, stupid thing for him to say in the midst of the days that we've lived through and the face that we've seen in the last six months since January 6th. Frankly, if they were both in kindergarten, the teacher would put them both in timeout.
I think that the American people should expect better from this highest level of elected leaders. That being said, I'm having a hard time getting outraged by McCarthy's stupidity and lack of ability to make a good joke because I'm really pissed off of McCarthy whitewashing the January 6th commission and pretending that it didn't happen and saying he didn't have the time to listen to the testimony of the four officers, as we learn about more officers committing suicide, more of the officers who responded to January 6th committing suicide.
And I'm really pissed off that I'm sitting in Miami-Dade, one of the counties leading in new COVID hospitalizations, while McCarthy has allowed most of the republican conference to make a mockery of vaccinations and wearing masks, and while he has been going to Fox News, to outlets that have promoted not getting vaccinated and promoted misinformation.
There are 17 children, five minutes from my house, at Nicholas Children's Hospital. Six of them are in the ICU. And so I'm really angry at his lack of leadership, at his irresponsibility, at his exploitation of COVID and vaccinations for political purposes.
And so, yes, so forgive me that today I can't get angry about his idiocy with the attempt for this joke --
LEMON: Mm-hmm.
NAVARRO: -- because there are much, much more horrible things that are happening which he has been complicit.
LEMON: Alice, do you want to respond to that?
STEWART: Look, I think I agree with Ana on a lot of that with regard to Kevin McCarthy. He is completely wrong to go along with the big lie, that the results of the election were flawed. He is completely wrong to not participate in the investigation that Speaker Pelosi and others are putting forth. He is also completely wrong to be complacent with a lot of the comments and statements and the former president's -- really, his role in inciting the insurrection.
That being said, he is laser-focused on job number one for Republicans and that is to win back the House and help the Senate win back in the midterm elections. In order to do so, he is going to continue to feed red meat to the base and he is going to provide what they appear to be supporting, which is the former president and the big lie because he wants to get back the seats in the House and he wants to be the speaker.
LEMON: Alice, can I jump in? Let me ask -- listen, I think you bring up a very good point. He is doing what he thinks the job is, right, what he has to get accomplished, which is to become the speaker of the House and make Republicans the majority. But do you think that is the way to do it? Do you think that they want, especially in light of the fourth officer we are hearing who was part of the insurrection, committing suicide, do you think that is the right way to do it, what he is doing?
STEWART: First of all, news of that today was heartbreaking. News of any of the deaths as a result of the January 6 is heartbreaking and could have been avoided if we didn't have the insurrection in the first place.
Look, in my view -- the best way to go about winning back the House, in my view, is to focus on the policies and get away from the personalities and the false statements of the personality of the previous president.
The Republican Party's best move forward and best path forward is to get back to traditional policies of the party, bring back the suburban white voters that we lost due to the last president, and keep on the Trump -- the MAGA Republicans and keep -- also bring on the traditional Republicans. That is the path forward.
Right now, what we are seeing with the MAGA wing of the Republican Party, the best way to move forward is the MAGA way.
LEMON: I got to --
STEWART: But we need --
NAVARRO: The MAGA --
LEMON: I got to get Ana in. Quicly, Ana. Go ahead, please.
[23:39:53]
NAVARRO: The MAGA wing that Kevin McCarthy (INAUDIBLE) that his Kevin McCarthy and his cronies are going, they are going to kill their followers, okay, if they continue with this misinformation campaign and looking the other way as people who support them continue exploiting COVID. So, if they want to call every Democrat that is breathing, a socialist, and use that as a wedge issue, fine, but don't play around with people's lives, and that is what he is doing with the January 6 commission, that is what he is doing with Republican (INAUDIBLE) doing with the response to COVID and vaccination.
LEMON: Listen, Alice, I think a lot of people agree with you, at least, on the part about traditional, bringing back traditional Republicans and conservatives. That would certainly be a breath of fresh air for the country. I'm sure Ana can agree with that as well since she is a traditional --
(LAUGHTER)
LEMON: -- conservative.
STEWART: A lot of us still out there.
LEMON: Thank you both. I appreciate it.
STEWART: Thanks, Don.
LEMON: Impeached again. Really? Will there be any consequences for the former president pressuring the DOJ to call a free and fair election corrupt? That is ahead.
And -- that is next, I should say. And ahead, Simone Biles is getting ready for a comeback, competing just hours from now.
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[23:45:00]
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LEMON: The former president's weaponization of the Justice Department coming into sharper focus as we learn more about how he pressed top DOJ officials to falsely declare the 2020 election corrupt.
The House Oversight Committee is releasing notes taken by then Acting Deputy Attorney General Richard Donoghue during a December phone call with the then president and then Acting Attorney General Jeffrey Rosen.
According to the notes, Trump said this. Just say that the election was corrupt plus leave the rest to me or/and leave the rest to me and the "R" congressmen, the "R" meaning Republican there.
So joining me now is CNN's legal analyst and former U.S. attorney Preet Bharara. Preet, thank you so much. Man, this is -- it is really concerning. These notes from Donoghue are stunning. We are learning more by the week, just how far Trump is willing to go or was willing to go to pressure the DOJ to undermine the election result. Do you think that this could be his this impeachable offense?
PREET BHARARA, CNN SENIOR LEGAL ANALYST: You know I tweeted that (INAUDIBLE). I think if there had not been two prior impeachment attempts, I think if he was still in office, I think if some circumstances were different, maybe there will be some movement in that direction because this conduct, by the way, is arguably the most egregious conduct of his entire presidency.
It involved Ukraine. It involved trying to -- as you put it in the intro -- weaponize the Justice Department that is supposed to be independent and neutral, and in the act of doing justice to overturn an election.
And what is really remarkable about this is the current Justice Department, you know, full of people obviously led by politically- appointed process, has made the determination that these notes were to be turned over the House Oversight Committee and the Senate Judiciary Committee, which means they made a determination, which seems right to me, that his conduct was extraordinary, does not deserve to be protected under executive privilege, and it was undertaken in Trump's personal capacity as a candidate, not in his official capacity as a president.
And all of that suggests even more, I think, aggressively that this conduct was outrageous and maybe the worst of this presidency.
LEMON: Yeah. He's only been out of office eight months. I mean, I can imagine what more is going to come out. I can't. Who knows? Trump knows plenty of lawmakers who promoted the big lie. Many are still doing it. What will happen if we find that Republican lawmakers knew about or were involved in Trump's attempts to pressure the DOJ?
BHARARA: I don't know. There are some statutes that are floating around the people are discussing. There's one section, 610 of the Title 18, which criminalizes a federal official from intimidating another federal official into engaging in political activity.
This is not quite within the heartland of that, although arguments can be made. You had members of Congress and you had a president who was intimidating and coercing people to engage in political activity through their offices.
I think the other question that is raised by your question is whether or not we will get to the bottom of that. At the same time this is going on in those two committees, the House Oversight and Senate Judiciary Committee are looking these matters, to have the select committee in the House.
There is a real question about whether or not they will issue subpoenas to other members of Congress, fellow members of Congress, and whether or not those subpoenas can be resisted. There's not a lot of precedent for that.
One way to get to the bottom this is to have those people come before the panel and testify. So that is preliminary to the issue of whether or not there will be accountability. First is the question of getting to the truth.
LEMON: Rosen and Donoghue called out Trump multiple times, telling him, we are doing our job. Much of the info you are getting is false. And then at other point, they said, the DOJ can't and won't snap its fingers and change the outcome of the election.
Preet, what could have happened if the DOJ was being run by people who didn't push back?
BHARARA: Well, there's a prospect of that. Some of these notes also indicate that Donald Trump was trying to replace Barr's replacement, so a replacement for replacement with someone who is more pliable.
[23:50:05]
BHARARA: I shudder to think what would have happened if the place was run by people who are just prepared to do anything that Trump asked them to do and also the White House counsel's office.
Some of what we have seen is that Don McGahn, who I think was no hero in lots and lots of ways, who is a former White House counsel to President Trump, at the end of the day, when asked to do the unthinkable, fire Bob Mueller, didn't do it.
In this case, this group of professionals didn't do it. I'm not saying they should be lauded as heroes necessarily because they bare minimum of what is required of someone -- you know, the line level at the DOJ or at the pinnacle of that department is not to, you know, a seed to a political candidate's mandate to overturn an election based on no facts.
Remember, at the time this was all happening, with these phone calls we are learning about now, there were other private lawyers for the president, Rudy Giuliani and Sidney Powell. Sidney Powell, I believe, was about to be sanctioned. Rudy Giuliani, because of his conduct in the representation of Donald Trump about these very matters you and I are discussing, has had his law license suspended into jurisdictions.
LEMON: Right.
BHARARA: I suppose they thought better of that. I prefer not to think about what would happen if they had been acquiescent.
LEMON: Yeah. Preet, thank you so much. I appreciate your time.
BHARARA: Sure, Don.
LEMON: After pulling out of multiple Olympic events, Simone Biles returning to the competition floor in just hours. More, next.
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[23:55:00]
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LEMON: In just a few, short hours, gymnast Simone Biles will return to competition in the Tokyo Olympics. USA Gymnastics confirming today that the four-time gold medal winner will take part in Tuesday's individual balance beam finals alongside teammate Suni Lee. It is her last opportunity, though, to compete in Tokyo. Biles withdrew from the women's team finals last week, citing mental-health concerns, also withdrawing from four other individual finals in the games.
The 24-year-old Biles has earned a reputation as one of the best gymnasts of all time, and we will be rooting for her come tomorrow and now.
Thanks for watching, everyone. Our coverage continues.
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