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Don Lemon Tonight

Former President Clinton Hospitalized; January 6th Committee To Charge Steve Bannon; White House Remain Optimistic; Rep. Eric Swalwell (D-CA) Was Interviewed About the Things Happening In Washington Right Now; Right Wing Media Painted Biden As New Grinch. Aired 10-11p ET

Aired October 14, 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]

CHRIS CUOMO, CNN HOST (on camera): They are treating it with IV antibiotics. They're optimistic about it but he is still in there and he's in the ICU. They say mainly to keep him in a private setting and keep him monitored and give him a higher level of care and they're hoping he gets out soon.

So, with that, let's go for more coverage with DON LEMON TONIGHT with its big star, D. Lemon.

DON LEMON, CNN HOST: And we're going to update you on that situation. So I'm going to let you go. I'll see you soon. Love you. Have a good evening, sir.

CUOMO: I love you. Have a good night.

LEMON: Thank you very much.

LEMON: This is DON LEMON TONIGHT. Thank you for joining us.

We're going to have more on our breaking news now, and that is on the former President Bill Clinton has been admitted to the University of California Irvine Medical Center. This is after as Chris told you urinary tract infection spread to his bloodstream. A urinary tract infection spreading to his bloodstream.

Now, this is what a former spokesman for the president is saying that and I quote here, "he is on the mend and in good spirits," OK? CNN has learned the former president was admitted to the hospital on Tuesday after he wasn't feeling well all day.

And then doctors say that Clinton is in the ICU for privacy and for safety not because he needs intensive care. And they're stressing here that his hospitalization is not -- is not COVID related nor is it heart related. And the reason I'm telling you about the heart -- not heart related is because the former president had quadruple bypass heart surgery, this is back in 2004, had two stents inserted to open one artery that was back in 2010. OK?

So, let's bring in CNN's chief medical correspondent Dr. Sanjay Gupta. He's been following this story for us, speaking to his sources and people inside the Clinton camp as well.

Hello to you, Sanjay. You have been talking to the president's doctors --

SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Good evening.

LEMON: -- as a matter of fact. What are you learning?

GUPTA: Well, you know, as you point out, so President Clinton was there in California for a foundation event, wasn't feeling well on Tuesday. Specifically, just said he was feeling fatigued, you know, sort of generalized not feeling well, went to the hospital.

And at that point, you know, they diagnosed him with this blood infection. They ruled out as you mentioned COVID. Everyone gets tested for COVID. That wasn't the source of his problems. He's been vaccinated. He got a booster I was told as well and nothing related to his heart as well.

This is according to the Dr. Alpesh Amin, who's the chief of medicine at U.C. Irvine and Dr. Lisa Bardack who is his primary care physician. It was at that point they investigated and found that he had a, what's called a urosepsis. And basically, it's a urinary tract infection that can then spread to the blood.

It can be serious. I mean, people hear the term sepsis. He's 75 years old, causes concern. But they were able to start treating him quickly with IV antibiotics and then monitor him. He started feeling better. His white cell count started to trend downwards. His fever started to dissipate as well.

So, they're optimistic that maybe as early as tomorrow or the next day he could potentially get out of the hospital and switch from IV antibiotics which he's on now to oral antibiotics.

So that's sort of the story. You know, they also told me, Don, that, you know, he's been actually up walking around. He was complaining about the hospital food I think they were telling me that to give a sense sort of his mood. It sounds like he's doing well.

Secretary Clinton is also out in California and was also supposed to be at the same event in Los Angeles. So, she's out there. She didn't go out there because he was sick. She's already out there and I think has been able to visit him in the hospital, although as you know they have COVID protocols in place now that sometimes makes that challenging.

So that's sort of the story. I talked to his doctors. They're optimistic. Their phrase was he's on the mend and again maybe in the next day or so they think he could be out of the hospital.

LEMON: So how does one get this? Is there any indication of how he got it and how do people get this sort of infection?

GUPTA: Yes, urinary tract infections it's not uncommon especially in people as they are elderly. You know, people in their 70s it does happen. And sometimes it's not even recognized early because it may not have much in the way of symptoms initially. Which is why it can progress from being isolated urinary tract infection to something that can spread into the bloodstream, that becomes urosepsis.

So, you know, and specifically how he got it or what the specific bacteria is, I'm not sure. But they're giving him the antibiotics and he seems to be responding to that. So, the antibiotics seems like the right treatment for these particular bacteria, but you know, it happens was sort of the answer I got when I asked them about that.

LEMON: The former president as we stated before has a history of heart problems. Does this add complications, Sanjay?

GUPTA: Well, you know, they have to monitor for this. I think, you know, whenever you hear sepsis in a 75-year-old person who has a history of heart problems, you know, it does get your attention certainly.

[22:05:01]

And you know, you want to make sure you're monitoring closely. He is in the ICU, but I will say that they told me he was in the ICU for his own privacy and safety not because he requires a critical level of care.

So, you know, you've got to obviously check these things and make sure they're not contributing to the problem. But when I asked them about that specifically they said this is really isolated, this urinary tract infection that then spread to his blood stream and is now adequately successfully treated with these antibiotics.

LEMON: Listen, and you know, well, you work every day, Sanjay. Sanjay is not just on television. He actually works on a hospital and he's there most of the time. Sanjay, why the ICU? Is it because the ICU is isolated, cordoned off, not as many people? Is that why there's an added measure of security there?

GUPTA: Yes, that's really what it sounds like, Don. I mean, you know, you think ICU and you think that means he's in critical condition. They assured me that is not the case. This is really about privacy and safety. He is -- he does have an IV, through which he's getting these antibiotics but, you know, not a breathing machine or anything like that.

I mean, they, you know, when I asked them, I first talked to his staff, you know, the president's staff and they said, look, you know, this is what's going on. But you know, we're really -- we're truly optimistic that he's going to do well. We want to make sure that, you know, that's conveyed.

And then I spoke to his doctors to sort of get the details. Doing well means what exactly? Well, it means the white blood cell count is improving, fever is improving. Again, as you asked about an early indication if this has anything to do with his heart or COVID.

So, it does sound optimistic. I mean, you know, people will hear sepsis in a 75-year-old and understandably become concerned. But if caught early and treated early and, you know, he's responding to these medications, it can be adequately treated. And you know, the fact that they're talking about potentially sending him home tomorrow is obviously a very good sign.

LEMON: Why the difference in medication initially as one to, you know, and you can explain it to us, one to stop the infection and the other is to what, to build up some sort of immunity -- I don't know, to make him stronger. Why the change in medication?

GUPTA: So, you give the IV medication -- when you think about blood infection here, the infection is in the blood. It is really IV antibiotics that are required at that point to sort of control the infection. He got to get a certain number of days of that, Tuesday, Wednesday, Thursday, perhaps tomorrow, Friday, so four days.

And then at that point you can switch to oral antibiotics. The thing about IV medications, they're going to get better penetration obviously into the blood. Oral antibiotics will still be able to treat this but not as good a penetration as the IV antibiotics. You'd only switch to the oral medications if you felt like it was well treated and that the oral antibiotics would basically finish his course of treatment.

LEMON: Yes. Listen, we hear sepsis. Sepsis is nothing to play with. Am I correct here?

GUPTA: That's right.

LEMON: And it was good that he was, I guess near a hospital and could get treatment quickly because if he had not or if one doesn't, then what, Sanjay?

GUPTA: Yes. I mean, that's the problem. So first of all, with this particular type of sepsis known as urosepsis where it starts again in the urinary tract, people really may not be aware of it. You know, sometimes you can get sepsis that starts in the lungs. I think that's the most common way and pneumonia. And people are, you know, usually are aware of that.

But with urosepsis it can progress pretty severely before someone actually is aware of it. The fatigue that he was feeling were the signs of that, it sounds like. But if it's untreated, to your question, Don, that can be a real problem. You can develop something known as septic shock where essentially the blood vessels, they expand. The blood pressure drops, and that's a significant problem.

Obviously, a more significant problem and someone who is elderly and has a previous history of heart conditions. But I just want to be clear, he does not have that. This sounds like this was treated early. He's not in the -- in the -- in any kind of critical condition or on a breathing machine or anything like that. He's just receiving these IV antibiotics.

And again, the fact that they're talking about sending him home tomorrow, I don't think they would have said that if they weren't fairly optimistic about how he's responding so far to things.

LEMON: Our Dr. Sanjay Gupta, Dr. Gupta, thank you very much. I appreciate you joining us. And there is our breaking news. You see the former President Bill Clinton admitted to a hospital for a urinary tract infection that spread. It is expected that he will be out of the hospital tomorrow.

That is according to doctors. That is the prognosis now, but we will continue to check on this breaking news and update you as we get more information. So, it is not related to COVID, not related to previous heart condition or surgeries as well.

And on a very busy news night the message that the January 6th committee is sending by holding Steve Bannon in criminal contempt for ignoring their subpoena, we're going to talk about that right after the break.

[22:10:00]

(COMMERCIAL BREAK)

LEMON (on camera): So, what is happening right now shows you just how seriously the select committee is taking their investigation of the riot at the capitol on January 6th. Their message to anybody who wants to weasel out of telling them the truth about one of the darkest days in American history, don't try it.

Holding Steve Bannon in criminal contempt for ignoring their subpoena after he didn't show up for a deposition today, and that sure sends a message. But the question is will it get him to cooperate? And what about the former president?

(BEGIN VIDEO CLIP)

WOLF BLITZER, CNN HOST: Are you ruling out or ruling in the possibility of eventually subpoenaing Trump?

REP. BENNIE THOMPSON (D-MS): Well, I would say this at this point, Wolf, nobody is off-limits to a subpoena from this committee.

(END VIDEO CLIP)

LEMON (on camera): Well, that as President Joe Biden is wrestling with one crisis after another. The economy, inflation, the snarled supply chain all while members of his own party just can't seem to get out of their way, out of their own way and get a deal done on his promises to the American people. And the White House putting on the pressure, saying time is running out.

(BEGIN VIDEO CLIP)

[22:15:01]

JEN PSAKI, WHITE HOUSE PRESS SECRETARY: The time for negotiations is not unending. And we're eager to move forward. We're eager to deliver on what he promised to the American people. We're eager to act. I wouldn't say it's impatience. I would say it's an interest in moving forward.

(END VIDEO CLIP)

LEMON (on camera): If I've said it before, well, I'll say it again. I have said it before. Democrats don't seem to be able to read the room. They need to get real, and they need to figure out what their bottom line is.

They should be working now. Everyone should be working now to save our democracy. We are trying to save our democracy, and Democrats are operating under the old rules in a world that is radically different from the way it was even a year ago, 2020.

I know people get upset, say it's not the Democrats who were doing it, it's the Republicans who were -- OK, fine. They're not going to work to save the democracy. They're not working for any legislation in Washington. They're working to for the big lie, bogus election fraud, restricting voting rights and restricting voting, access to the voting booth around the country.

So, there's one party who can save the democracy right now who's operating in reality, and that's Democrats. Somewhat in reality because what they have not figured out is that this is no longer 2020. All of those things that you went to the polls for, all well-deserved. But there was no big lie then. There was no insurrection. There was none of that then.

That was then. This is now. A world where the former president is still pushing a big lie that is working. Threatening his own party that Republicans won't vote if the midterms or in the midterms or in 2024 unless his bogus claims of election fraud are, his words, solved. There's nothing to solve.

But you see the -- how he's strong arming people? So, you wouldn't think it's like a winning strategy based on the last time around, but the pressure continues. It gets worse, OK?

A fund-raising text from the Republican National Congressional committee confirmed by CNN's Melanie Zanona reading like this. You -- you're a traitor, you abandoned Trump, and quote, "this is your final chance to prove your loyalty or be branded a deserter."

That's how you fund raise, threatening your own voters? Maybe so. How far the party of Lincoln has fallen. A Republican-led group, Republicans for voting rights putting up billboards like this one -- look at your screen. It's in Times Square. Look at the words. Saying that Trump lost, no more audits. Right? He lost and demanding an end to the fraudits.

That's where we are right now where people have to put up billboards declaring the truth because too many people refuse to believe it. Look, I know you get tired of hearing about this but it's the truth. And when it starts to happen and when you start to pay attention, I'll believe you'll say, my gosh, you tried to tell us.

The big lie has infected America. It is infecting America and it continues to. And no election in this country is safe from this virus. Just look at what happened at a GOP rally. This was in Virginia last night.

Look at this. A rally headlined by none other than the guy who was subpoenaed and refused to show up, right? Steve Bannon. Attendees pledging allegiance to a flag that is said to have been flown at the rally right before the insurrection at the capitol. Here it is.

(BEGIN VIDEO CLIP)

UNKNOWN: She's carrying an American flag that was carried at the peaceful rally with Donald J. Trump on January 6th.

(APPLAUSE)

UNKNOWN: I ask you all -- I ask you all to rise and join us as Mark Lloyd leads us in the pledge.

UNKNOWN: Face the flag. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

(END VIDEO CLIP)

[22:20:06]

LEMON (on camera): Can you believe that? Again, can you rewrite that please, Danny, director Danny, every night. So, this is a flag believed to have flown at the insurrection at the capitol on January 6th. This event that happened last night. Reportedly they are pledging allegiance to that flag. I'm just going to let you see -- think about that. This is a flag flown at the insurrection.

(BEGIN VIDEO CLIP)

UNKNOWN: An American flag that was carried at the peaceful rally with Donald J. Trump on January 6th.

(APPLAUSE)

UNKNOWN: I ask you all --

(END VIDEO CLIP)

LEMON (on camera): I got it, I got it.

(BEGIN VIDEO CLIP)

UNKNOWN: I ask you all to rise and join us as Mark Lloyd leads us in the pledge.

UNKNOWN: Face the flag. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

(END VIDEO CLIP) LEMON (on camera): So, there you go. And just to be clear flown at the rally before the insurrection. Flown at the rally before the insurrection, that flag. Come on, what do you say to that?

So, the GOP gubernatorial candidate, Glenn Youngkin who was not at the rally and says he had no role in the event distancing himself from what happened, calling it weird and wrong to Pledge Allegiance to a flag connected to January 6th.

Even after everything that we have seen, it's kind of -- I don't know. Is it hard to believe that our fellow Americans would put hand over heart and pledge allegiance to a flag that was flown at a rally to promote the big lie and then undermine our democracy?

That's where are. A rally that took place right before riots attack the United States Capitol. Rioters who used their own American flags to beat police officers to within an inch of their lives. Now you've heard the lie about what happened that day. The lie that it was peaceful. Do you hear they say peaceful? They said the peaceful rally, right? She said it herself.

They said it was like a tourist visit. Does this look like peaceful to you or a tourist visit? I didn't -- I mean I toured some things and been on field trips, none of them like that. Now remember what happened to one of those officers, Michael Fanone? This is some new video of the brutal assault. It was shot from an angle above the mob, OK?

And it's showing Officer Fanone, and you see him at the top of your screen there being pulled from the inside of the capitol building out into the mob. Yes, peaceful, right? Yes. Tourists being pulled into that mob. Michael Fanone suffered a heart attack and concussion during the insurrection and is now dealing with a traumatic brain injury and post-traumatic stress disorder.

Now, one would think that he would be getting complete support from fellow officers. One would think. Stay tuned. Details to come on that one. So that is the reality of what happened on January 6th. It was not peaceful. It was a bloody attack on U.S. Capitol, on our democracy itself.

That's why what happened on January 6th -- with the January 6th committee and what they're doing right now is so important for every single American. Pay attention, people. This is no joke.

(BEGIN VIDEO CLIP)

THOMPSON: If former President Trump thinks he can get away with what happened on January 6th by being cute with his press releases, then he has another thing coming.

(END VIDEO CLIP)

[22:25:00]

(COMMERCIAL BREAK) LEMON (on camera): So, the House committee investigating the January 6th insurrection deciding to take quick action against Steve Bannon for ignoring a subpoena moving forward, to hold the loyalist to the former president in criminal contempt.

Let's discuss now with CNN senior legal analyst Laura Coates is here, she is a former federal prosecutor, and also counterterrorism analyst Philip Mudd.

Good evening to both of you.

Laura, we're seeing this major escalation by the House committee moving ahead withholding Steve Bannon in criminal contempt. Will this help the committee get the information and testimony it needs?

LAURA COATES, CNN SENIOR LEGAL ANALYST: It absolutely should. Remember the basis for Steve Bannon refusing to comply is that he thinks that executive privilege will be asserted. But remember, Don, you don't just get to not show up because you might assert privilege even if it were founded, which I don't think it is here.

[22:29:59]

You can't just not show up. You have to have a responsive answer to questions that are unrelated to whatever you might assert the privilege. You can't just say I'm not going to come.

So, this is a move that is entitled to happen by Congress. If I were prosecuting this case as a prosecutor and someone said, no, I don't feel like coming because I might assert attorney-client privilege on one of your questions or maybe spousal privilege, we would have a squad car go pick the person up and have them come to where we are to in fact testify.

But of course, this is not a straight criminal prosecution. This is about a congressional referral, which means that there are some more steps that have to be taken. The committee has to fully vote. The chamber of commerce has to vote and then will be referred. And then in a rare instance the prosecutor of U.S. attorney general in D.C. would be able to then refer to a grand jury.

So, you still have a couple of bureaucratic steps to take, but honestly speaking, the idea of executive privilege being held by a former president which is somebody who was not even a part of the administration and he's not appearing at all, that's a non-winnable case for Steve Bannon.

LEMON: Phil, the Justice Department released a new video of the brutal assault against my friend D.C. Metropolitan Police Officer Michael Fanone. And this is what the January 6th commission is all about really. And they want to know from Steve Bannon and all the others what they knew about this day. I mean, that's what they're after.

PHILIP MUDD, CNN COUNTERTERRORISM ANALYST: It is. I personally don't think it's going to happen. There's a couple things here and they're on a time line. The first is not only do you want Steve Bannon because you want to cross-reference what he says against what other people say, you want things like e-mail and phone records to determine whether people were talking about the event in ways that contradict what people like Steve Bannon says.

So, let me ask you before we go into midterms in 2022 when that House and the Senate might flip, what's the likelihood you're going to get all those phone and e-mail records? And what's the likelihood that all the people that have been asked to speak from the White House will speak so that you can determine whether Steve Bannon is honest or not?

I'd like to think as an American that's going to happen. But as a practical person I think that it's going to get wrapped up in the legal hoops the next 12 months and I don't think he's ever going to show up.

LEMON: You know, Laura, Wolf interviewed the January 6th committee chairman Bennie Thompson. Watch this and then we'll talk.

(BEGIN VIDEO CLIP)

THOMPSON: If former President Trump thinks he can get away with what happened on January 6th by being cute with his press releases, then he has another thing coming. Our committee, the bipartisan committee takes our work very seriously. And we will pursue it.

(END VIDEO CLIP)

LEMON (on camera): Now, Thompson went onto say that no one is off- limits when it comes to a subpoena including Trump. Do you expect that he's going to be subpoenaed?

COATES: I think he will be subpoenaed. But remember, we're talking about whether or not somebody has the ability to not respond to questions that are actually asked. That's important here because the idea of fighting a subpoena would be something that would be a universal kind of swiping and saying, look, I'm not going to be even able to appear when in reality that's about appearing and you have the ability to assert privileges with respect to particular questions.

You don't just get to not show up because you were the former President of the United States. You have to actually respond to the questions. Now, if there is some basis to assert the executive privilege, which by the way our current president has said that they will not extend except for on a case by case basis and with good reasons in many respects.

Now you do want the deliberative process, the idea of full candid discussion with people who are advising the president to be able to have private conversations. This is about the presidency not just the president.

But the idea of Steve Bannon versus Donald Trump, one he has been the president of the United States who could have some basis to claim on specific questions about privilege as opposed to somebody who was not working for the administration who is trying to do a preemptive strike against a subpoena before a single question is asked.

That's the crux of the matter here. It's not about having to actually comply with the subpoena to show up. It's shows up and testify and respond to questions that aren't even tangentially related to any assertion of privilege.

LEMON: Phil, Chairman Thompson also talked about the former acting Attorney General Jeffrey Rosen's eight-hour testimony. He said that Rosen elevated the Senate report detailing Trump's pressure campaign on the Department of Justice. We talked about the folks not cooperating. But how much can they learn from the people who are cooperating?

MUDD: Well, I'm squirming in my seat. I think the word you need to look here is a five-letter word. It's called "shame." That is people like me who served in the government want to go. You think of the structure of government, executive, legislative, judicial, you want to go in front of the Congress and say, look, it's my responsibility as an American citizen to speak. It's shameful if I don't.

[22:34:57]

But let's say Steve Bannon does comply. You've talked about the former deputy attorney general out of a sense of duty he spoke. Steve Bannon could show up and say I don't remember, I forgot, that was a conversation with the president and I think it's privileged. And then you have to go adjudicate that.

The problem is not just whether he shows up. The problem is also, if he shows up, does he just sort of say because he has no sense of shame, I really don't have anything to say? That's one of the things I worry about, Don.

LEMON: Laura, I also want to ask you about a New York judge ordering the former president, President Trump to sit for a video deposition next week in a case involving an alleged assault by Trump's security. Look at this. This was during a 2015 demonstration outside of Trump tower protesting Trump's rhetoric on immigration.

What are you expecting here, Laura? This is straight up your alley. This is what you do for years as a prosecutor.

COATES: I mean, it's interesting this sort of cases. Because remember you're talking about not an assault by actually Donald J. Trump back in 2015, but by people who are employed by him as a security guard. And what their argument is, is that although he was not present for the actual assault his rhetoric and his statements on the campaign trail and beyond essentially made it such that he would be able to almost say and give the green light to being able to assault somebody who was protesting.

And so, this is a case a little bit more tangentially related to a direct involvement by a former president of the United States or even a candidate Donald Trump. But I expect it would be in an observatory role in terms of him saying what he knew then, did he give the order? Did he actually tell someone and instruct them to be violent? It'll probably a lot of times evolve around the first amendment and what he was able to say. He was not then the president of the United States but most importantly, what did he know, what did he instruct and what did he actually see?

LEMON: Laura, Phil, thank you both -- Phil, before we go, I just want to as it involves our breaking news -- Laura, standby because you're still on camera. But Phil, she's not hearing so we should probably take her off camera.

So, Phil, let me ask you this. You had -- your personal connection to sepsis because the former --

MUDD: Yes.

LEMON: -- President Bill Clinton is in the hospital because of it. Do you have a personal connection something you wanted to share quickly?

MUDD: Yes, it was brutal. I came back from the Helsinki summit, Putin-Trump and was Medevac'd off an aircraft. Let me tell you, Don. Five days in the hospital, two days in the ICU with lines in my arms and my neck. That is not to be toyed with. When I left, the day I left the doctor told me if I'd stayed at the airport the likelihood was that I'd be dead. This is serious stuff. It's not to be toyed with.

LEMON: So, he's lucky that he could you --

MUDD: Yes.

LEMON: -- when he gets to a hospital quickly.

MUDD: Yes.

LEMON: All right.

MUDD: Yes.

LEMON: We're glad you're OK.

MUDD: Thanks.

LEMON: Philip, thank you and be well. And Laura, thanks as well.

Prices are rising. People can't get the things that they need. Employers can't find workers, and Biden's presidency, he's totally, his agenda totally stalled. What are Dems going to do about it? I'm going to ask this person right here -- there he is -- Congressman Eric Swalwell, next.

[22:40:00]

(COMMERCIAL BREAK)

LEMON (on camera): So, the January 6th committee is moving ahead with the process to hold Steve Bannon in criminal contempt, and chairman Bennie Thompson is not ruling out a subpoena for the former president. All the while President Biden's agenda stalled in Congress. Let's talk to Congressman Eric Swalwell. Congressman, thank you very

much. We need to have this conversation, OK? Let's get this out of the way but I want to talk about what is happening in Washington with Democrats.

You tweeted that let Steve Bannon stand in court wearing an orange jumpsuit and explain why he shouldn't have to follow the same rules as everyone else. Will moving ahead with this criminal contempt get others to cooperate, you think?

REP. ERIC SWALWELL (D-CA): It should, and that's the idea, Don. Is to essentially fool around and find out. This isn't the Barr Justice Department, I hope. I hope this is a Justice Department that says, OK, Steve Bannon, Mark Meadows, perhaps even Donald Trump, if you're going to not honor lawful subpoenas and think you're above the law, well, we are going to see you who is the law and you're going to go to jail. That's what should happen. That's what would happen to you, Don, that's what would happen to me, that's what would happen to all my constituents if they just thumbed their nose at a lawful subpoena.

So, it's time to get serious and show them we're going to find out what happened on January 6th.

LEMON: All right. Let's turn to the politics now and what's happening with the president's stalled agenda.

CNN is reporting tonight that Senators Manchin and Sinema made it clear to their colleagues that a deal is far from being secure. The price tag is still an issue. Manchin is raising concerns over Medicare expansion and opposes paid family leave and climate measures. Why do two senators get to hold up the agenda?

SWALWELL: We need 98 percent of Democrats to agree to deliver on anything. But don, it's time to come out of the huddle and put this damn football into the end zone. Because we have to deliver on paid leave, on child care tax credits, on acting on climate, on free community college. Show people that it was worth knocking on doors, making those phone call, sending text messages to send us and give us the majority.

Because once we do that, we have to also tell the American people how dangerous it would be to give Republicans the majority, dangerous for vaccines and their anti-vaccine mentality that puts all our kids at risk, and dangerous for our democracy because they lie about the election and it's contributing to violence.

LEMON: Listen, as you know it's different to come on television. I'm not saying you're doing this and say, you know, you're working for the American people, you're doing this but then nothing gets done. And then, because people -- quite frankly, most people don't know how the sauce is made nor do they care.

They just want to see some action. They want to see results. They want their lives to be better. Democrats control the House. They control the Senate, and they control the White House. And yet nothing's happening. Why? SWALWELL: Don, to the moderates I would say, look, I understand your

concerns about the price tag, but the Republicans are going to lie about you anyway. It doesn't matter what you do.

[22:45:02]

They're going to say that you're for open borders, that you're a socialist, that you want to defund the police. They're not honest so we might as well deliver in ways for the American people.

And to the progressives, I would say, look, wherever we come up short let's tell the voters it's a down payment on what we can do when we get a bigger majority in 2022. But again, we have to put this football into the end zone. Too many people are counting on us and doing nothing is the surest way, not just for us in the minority. Because who cares about politics? It's the surest way to lose a democracy that's on life support right now.

LEMON: Do you think when your colleagues wake up in the morning and they get ready to go and then fight for whatever it is that they're fighting for, do you think they're thinking I have to win this battle, or do you think the first thing in their minds is we have to save the republic?

Because that's the first thing, we have to save our democracy. That should be the first thing. And not, you know, I've got to win this battle over this one issue where I've got to get a little more money on this. Nobody really cares about that.

SWALWELL: Now, I --

(CROSSTALK)

LEMON: What they care about is saving the democracy, they care about the restricting of voting rights, they care about reforming the police department, they care about the issues they voted on in 2020. But we're no longer in 2020. The rules have changed. And I always say, Congressman, Democrats read the room.

Are you and your colleagues reading the room right now? Do you understand the urgency and the time that we are in right now? Or are you just acting on, you know, some old idea of what politics in Washington should be like? Old idea meaning from even a year ago?

SWALWELL: I'm reading the room, Don, and I see a showdown is coming. I see Donald Trump, Kevin McCarthy and Steve Bannon circling the capitol with gasoline cans in their hands, and dousing the place and ready to drop the match. And if we're fighting ourselves over these numbers that only helps them.

So, time to deliver and then tell the American people how dangerous they are, because as I said this is going to be a very, very close election. And they're going to lie about who we are. They're an anti- majority party, and we have to show results and then define who they are. Because if they're in the majority, they'll do everything to take us to an authoritarian regime. They tried it once with an incompetent president. They'll do much better next time.

LEMON: Let's talk about the reality what's happening in the country. There is rising gas prices. Supply chain issues, people quitting their jobs in record numbers. Is the president focusing enough on these kitchen table issues because we certainly know, we hear from them every single day? We know Americans are focused on them.

SWALWELL: Yes, Don. He's bringing in the private sector right now, especially on the ports to get 24/7 port operations going so that you can end the backlog there. As far as gas prices, one way to bring down gas prices also is to pass the infrastructure bill that invests in more resources of energy.

And by the way, as to that labor shortage, when you have paid family leave for all, when you have child care tax credits, you allow more people in the workforce, more people to go back into the work force who are staying home right now.

So, this all -- it's not disconnected. And that's why there's a real urgency here for us to get this done and deliver.

LEMON: Eric Swalwell, Congressman, thank you very much. I appreciate you joining us. Thank you so much.

SWALWELL: My pleasure. Thanks, Don.

LEMON: All right. It's not even Halloween but the Fox propaganda network is already yelling about their newest war on Christmas starring this guy.

[22:50:00]

(COMMERCIAL BREAK)

LEMON (on camera): Well, not even Halloween. Not even Halloween. But the ring wing anti-Biden media is already going after the president, accusing him of being the grinch who stole Christmas. I guess this is a new war on Christmas.

Here's CNN's senior media correspondent Brian Stelter.

(BEGIN VIDEO CLIP)

LAURA INGRAHAM, FOX NEWS HOST: The Biden who stole Christmas.

BRIAN STELTER, CNN SENIOR MEDIA CORRESPONDENT (voice over): Christmas has come early for the anti-Biden media.

SEAN HANNITY, HOST, FOX NEWS: You'll get your Christmas presents next year.

STELTER: From the network that brought you the original war on Christmas.

MIKE HUCKABEE, CONTRIBUTOR, FOX NEWS: Some far left folks want to diminish Judeo-Christian tradition and rename the Christmas tree the holiday tree.

STELTER: It comes a sequel inspired by the commander in chief.

JOE BIDEN, PRESIDENT OF THE UNITED STATES OF AMERICA: Thank you all very much.

UNKNOWN: Will Christmas presents arrive on time, sir?

STELTER: The GOP highlighting that line on social media as incredibly complex supply chain concerns exacerbated by a global pandemic are being boiled down into a simple holiday tune.

UNKNOWN: We begin at the White House where the administration is trying to protect the president from being the grinch who stole Christmas.

STELTER: If that sounds familiar it's because another host said the exact same words one hour earlier.

PETE HEGSETH, CO-HOST, FOX NEWS: Now to the White House where the administration is trying to protect the president from being the grinch who stole Christmas.

STELTER: It's like an annoying Christmas carol stuck on repeat. Fox is repeating this notion of Biden ruining Christmas.

INGRAHAM: Grinch has nothing on these people. The fact is the Biden administration has broken our economy.

STELTER: Laura Ingraham even showing cartoons.

UNKNOWN: Then he went up the chimney himself, the old liar, and the last thing he took was the log for their fire.

STELTER: And on Newsmax, the exact same theme. Just remember, it's still the middle of October.

UNKNOWN: They are now officially the White House that stole Christmas.

STELTER: Marketers call this Christmas creep, putting out trees and toys earlier every year. Right wing media calls it content. They've been rerunning talking points the way Hallmark reruns holiday movies.

JESSE WATTERS, HOST, FOX NEWS: Maybe that's why Fauci the grinch tried to cancel Christmas.

[22:55:04]

STELTER: But the same show on the same night also declared that there's a war on Halloween because a single Seattle elementary school called off a Halloween parade.

UNKNOWN: You mark my word, Thanksgiving is next, President's day is next. The Fourth of July is next. It's coming.

STELTER: So, happy holidays? Maybe?

Brian Stelter, CNN, New York.

(END VIDEO CLIP)

LEMON (on camera): Very interesting. Remember, now, let's just take you back in time. Last year, postmaster general, remember, Louis DeJoy, issues with the post office, people weren't getting their gifts on time. What did the Fox propaganda network say about that? Did they call the former president who was in power at the time the grinch who stole Christmas since it was his appointee who screwed it up? Just asking. It's just a question. Just asking.

Brian Stelter, thank you very much.

Here's our breaking news tonight. Former President Clinton hospitalized. He's in the ICU but on the mend. We've got the latest right after this.

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