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Don Lemon Tonight

Justice Stephen Breyer Retiring; Democrats Wants To Rush SCOTUS Nominee; Justice Nominees Don't Determine Election Outcome; Gov. Glenn Youngkin's Words Does Not Jive With Actions; Rep. Jim Cooper (D-TN) Not Running For Office; Nazi Supporter Rioter Pleaded Guilty. Aired 10-11p ET

Aired January 26, 2022 - 22:00   ET

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

[22:00:00]

(COMMERCIAL BREAK)

JIM ACOSTA, CNN HOST (on camera): And that's it for us tonight. Join us tomorrow as we examine the Trump loyalist takeover of the Georgia GOP. DON LEMON TONIGHT starts right now.

DON LEMON, CNN HOST: Mr. Acosta, I've often wondered on this very program if we are past the point of no return re our democracy in peril. And watching Kyung Lah's piece tonight kind of made me think we might be past the point of no return. It's really frightening what Republicans have done across the country when it comes to putting election officials in place even on the judiciary. It is -- I think we -- it may be behind us.

ACOSTA: Yes, I mean, that's the thing I worry about, Don, is that they seem to have cracked the code. You know, like safe crackers. They've opened up the vault and found the mother lode. How they can overturn an election by going through the state election results.

And you can control that if you have secretaries of state in these various battlegrounds who are going to say OK, hold on, it shows Joe Biden won re-election, but we're just going to throw that out and Donald Trump is the winner. I mean, we are -- we are really, you know, I think facing that real-life scenario. And then what do we do at that point, Don? I think that is a crazy question to consider. But, you know, it's becoming more real by the day.

LEMON: It was a wake-up call watching that. I can say reality check but I don't want to take that away from Mr. John Avlon.

ACOSTA: That's right.

LEMON: Thank you, sir.

ACOSTA: Kyung needs her own thing. She's been doing great reporting.

LEMON: She does.

ACOSTA: As all of our reporters on this.

LEMON: Yes. As usual, Kyung is great. Thank you very much.

ACOSTA: Yes.

LEMON: I appreciate, Jim. I'll see you tomorrow night.

This is DON LEMON TONIGHT. So, let's talk about something that is I think this is good for the -- I think it is good for this administration. Maybe it can turn the tide maybe in some public polling because this is a very, very, very, very crucial moment for Joe Biden. OK?

Listen to this. It's a chance for him to rally Democrats. Remember, you saw the polling, right, he's losing support among Democrats and independents and his core supporters, black voters, but it's a chance for him to rally support among Democrats and black voters, right? The ones who helped put him into the White House. It can make history here.

I'm talking about Justice Stephen Breyer reportedly retiring. A big, big deal for the president. A chance to get a justice confirmed to the highest court in the land and a chance to make good on a promise that he made again and again and again and again on the campaign trail. Watch.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES OF AMERICA: I'm looking forward to making sure there's a Black woman on the Supreme Court, to make sure we in fact get every --

(APPLAUSE)

BIDEN: If I'm elected president and have an opportunity to appoint someone to the courts, it will be -- I'll appoint the first Black woman to the court. It's required that they have representation now. It's long overdue.

We are putting together a list of a group of African-American women who are qualified and have the experience to be in the court. I am not going to release that until we go further down the line of vetting them as well.

(END VIDEO CLIP)

LEMON (on camera): So that's the promise. The White House saying today that the president is still committed to nominating the first Black woman to the Supreme Court. So, think about this. Out of 115 justices so far there have been 108 white men. OK? Two Black men. And five women. Four of them white and one Latina.

There couldn't be a better moment for Joe Biden to make history and to change the subject really, with top agenda items like the voting rights bill and build back better bills both stalled, right? And with midterms looming, quite frankly.

There are also -- these are the front-runners I'm going to put up for you. Take a look at your screen. These are the front-runners right here for the court. One of them could very well be our next Supreme Court justice.

Lindsey Graham putting out a statement saying, and I quote, "if all Democrats hang together, which I expect they will, they have the power to replace Justice Breyer in 2022 without one Republican vote in support. Elections have consequences. And that is most evident when it comes to fulfilling vacancies on the Supreme Court."

That is from Lindsey Graham. Fun fact, though. Lindsey Graham was one of the three Republicans who voted to confirm Judge Ketanji Brown Jackson to the court of appeals for D.C. circuit court just a few months ago. The others were Susan Collins and Lisa Murkowski.

If Judge Jackson becomes a nominee, if she does in fact becomes the nominee, I wonder what they'll do now. Whoever gets the nod, she'll be joining a court whose justices including Justice Breyer are lamenting the intrusions of politics.

[22:05:07]

STEPHEN BREYER, ASSOCIATE JUSTICE, SUPREME COURT OF THE UNITED STATES: If the public sees judges as politicians in robes, its confidence in the courts and in the rule of law itself can only diminish. Diminishing the court's power, including its power to act as a check on other branches.

SONIA SOTOMAYOR, ASSOCIATE JUSTICE, SUPREME COURT OF THE UNITED STATES: I think all of us worry about that. We think about ways in which we can comport ourselves among ourselves to ensure that the public has confidence in what we're doing.

CLARENCE THOMAS, ASSOCIATE JUSTICE, SUPREME COURT OF THE UNITED STATES: So, if they think you're anti-abortion or something personally, they think that that's the way you always will come out. They think you're for this or for that. They think you become like a politician. And I think that's a problem. I think you're going to jeopardize any faith in the legal institutions.

(END VIDEO CLIP)

LEMON (on camera): OK. Chief Justice John Roberts wants to keep politics out of the court. But despite what they all say about how they want the Supreme Court to be, how they want it to operate, if it doesn't live up to that, in the cases the court could decide, everything from Roe v. Wade to affirmative action in universities could change the face of America really.

Let's not forget just days ago the Supreme Court blocked the Biden administration's COVID vaccination and testing regulation for large businesses. And with the pandemic killing more than 2,200 Americans every day, I'll say that again, with the pandemic killing more than 2,200 Americans every single day despite the misinformation you may hear in other places, the vast majority of those people, though, unvaccinated. Over on the Fox propaganda channel they're still putting people's lives at risk, putting their own viewers' lives at risk with lies like this. And this one is from Tucker Carlson's show. Where else? This is the other night.

(BEGIN VIDEO CLIP)

ALEX BERENSON, AUTHOR, PANDEMIA: The mRNA COVID vaccines need to be withdrawn from the market now. No one should get them. No one should get boosted. No one should get double boosted. They are a dangerous and ineffective product at this point.

(END VIDEO CLIP)

LEMON (on camera): Responsibility when you have a platform like that. Should be so. What's dangerous is spreading lies and frightening people into refusing the best weapon that we have right now against COVID. The fact is if you're boosted, you are 68 times less likely to die of COVID than if you are unvaccinated. Dr. Anthony Fauci saying the facts are stunningly obvious.

(BEGIN VIDEO CLIP)

ANTHONY FAUCI, DIRECTOR, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES: If you look at the data, you can't walk away from the facts. And the facts are stunningly obvious when you look at the hospitalizations and deaths among unvaccinated versus vaccinated versus vaccinated and boosted.

(END VIDEO CLIP)

LEMON (on camera): I have said it before. The facts matter. Truth matters. Our lives and our democracy depend on it.

Let's bring in now CNN's White House correspondent Kaitlan Collins and our senior legal analyst, Laura Coates who is the author of "Just Pursuit: A Black Prosecutor's Fight for Fairness."

Good evening to both of you. Good to see both of you. Kaitlan, I'm going to start with you. Anytime a president gets to put a justice on the Supreme Court it is a very big deal. It looks like Breyer's official retirement announcement is tomorrow. What do you know? What can you tell us?

KAITLAN COLLINS, CNN CHIEF WHITE HOUSE CORRESPONDENT: Yes. The White House has been very hesitant to say anything on the record so far. President Biden, himself, today said, I'm not saying anything until Justice Breyer has officially announced this. We all know it's coming. Everyone has reported it. No one has denied it.

But we are expecting it to be official tomorrow, Don. And I am told by sources that there will be an event here at the White House with President Biden and Justice Breyer tomorrow. It's not on the official schedule that was just released by the White House, but we are told you should expect to see both of them. And so, of course, that is going to be a big moment for this

president, a big moment for Justice Breyer, who is the oldest Supreme Court justice on the court right now, on the bench. And of course, a big moment for President Biden, who has been talking about who he would put on the court if he got the opportunity. But not every president gets the opportunity to actually do so.

So, this is going to be a very big moment for this White House as they move from this event tomorrow to the push to nominate someone and to get them confirmed through the Senate.

LEMON: Laura, let's talk about the significance of having a Black woman on the high court for the first time. It is huge. You say our justice system will be better for it, and speaking in the name of your book, this would be a just pursuit.

LAURA COATES, CNN SENIOR LEGAL ANALYST: In so many ways. And again, it's not just the idea of having diversity for the sake of diversity, as some would criticize the philosophy. It really is about having the embarrassment of riches of overqualified Black women on the bench, in the bar, who are revered for their minds, their intellect, their ability to synthesize, to be impartial, and being a Black woman is not going to mean that you have a foregone conclusion of how they will actually rule.

[22:09:59]

But remember, the idea of bringing a discussion about a holistic approach, having their entirety in their selves being a part of the court, having the opportunity to weigh in some of the most consequential matters of our life time, my parents' life time, our children's lifetime, is extraordinarily important and it should not be lost on anyone.

This is not the first time, for example, a president has mentioned what his intentions would be when it comes to someone on the bench. Roe v. Wade comes to mind. Trying to have people believe that they'll be able to nominate those justices who could possibly overturn precedent.

This notion of what it looks like for a president to be able to figure out what type of justice they want, it seems in all these years it's always eluded Black women. And it is unconscionable, and it makes no sense given what you know of the wide scope of qualified candidates. And just in those alone who have been named it's quite extraordinary that it's taken till this point to even have them nominated to this level.

LEMON: Can we talk about that, Laura? Because you know a couple of women on the short list. Tell us about them.

COATES: Well, I was a year behind at Princeton one of them, Judge Candice Jackson. And even then, at 17 years old, I can tell you that her intellectual might was apparent. And even then, among her peer group it was quite clear about the destiny that was before her. And Judge Wilhelmina Wright, goes by Mimi Wright, out of my home state of Minnesota.

You talk about qualifications is just a few. The idea of holding the bench at the state appellate level, at the Supreme Court level, and now as a federal district judge. The work of Sherrilyn Ifill is well known in the LDF and civil rights world. And I could go on with every single person who is even on the short list singing their praises. And none of their qualifications can be questioned.

Yet and still, I'm sure you can imagine the state of affairs that people are already trying to hopefully impute something negative towards them or question whether they've been on long -- on the bench long enough. I just direct people to think about and compare and contrast how they might be reviewed compared to, say, a sitting justice of Amy Coney Barrett who certainly is a legal scholar in her own right, and I do not want to take away from her qualifications. But it was not a requirement that she had a lengthy tenure in appellate court. And Justice Elena Kagan on the other side of the aisle, so to speak, never a day as a judge before becoming a Supreme Court justice.

And so, I hope these women get a fair opportunity for a confirmation hearing and that we don't just continue to think about this inertia of the knee-jerk reaction that it must be a white man from a particular Ivy League school who has the intellectual prowess to be one of the supreme judicial nine.

LEMON: Well guess what, you mentioned Princeton. That's Ivy League. So, there you go. That part is --

(CROSSTALK)

COATES: It's true, but --

LEMON: Yes, go on.

COATES: That's true.

LEMON: Yes. OK.

COATES: That's true. And of course, it's the idea that their resumes and backgrounds, there is a baseline, it seems, for what is required to be extraordinary when it comes to women of color in this country. And we've seen it at play in so many different fields.

LEMON: Well, I'm just saying if you're looking at -- if you look at the list, qualifications, I mean, all of these women are extremely qualified to be nominated --

COATES: Absolutely.

LEMON: -- to sit on the highest court in the land. Kaitlan, let's talk about the politics --

COATES: Absolutely.

LEMON: -- of this. How fast are President Biden and the Democrats prepared to move on this nomination? Especially the midterms are looming. And there's a 50-50 Senate.

COLLINS: Yes. I mean, there was this sigh of relief among Democrats today because everyone kind of thought this was going to happen. No one knew that it was definitely going to happen. But they were worried that they would find themselves potentially in another situation where Republicans overtook the majorities come the midterms in November and that they could potentially lose their chance at confirming someone to the Supreme Court when Justice Breyer did eventually step down.

And so now it is going to be this push on the Hill. You already saw Senate Majority Leader Chuck Schumer promising a very speedy confirmation process for whichever candidate it is that President Biden picks. And we're even told they're looking at a timeline similar to that one of Justice Amy Coney Barrett.

And remember, that was incredibly fast because in the last few decades if you look at the numbers, some justices like Amy Coney Barrett were confirmed in 30 days. Some took 106 days. There's been this broad range. Hers was very quick because of course it was right before the 2020 election. And Justice Ruth Bader Ginsburg passed away. Eight days later former President Trump said he was picking Amy Coney Barrett. And 30 days after that she was on the Supreme Court. She had been confirmed by the Senate.

And so, we are told that Democrats are looking at a timeline much closer to that 30-day period than they are at some of the ones that have stretched on longer. And they've got a big legislative agenda ahead of them, Senate Democrats do, and so now this is going to be on there as well.

And so, of course all of this hinges, though, Don, on President Biden making his pick. And that is something that has definitely not been done yet. That is what is going to be the next step in this after you see Justice Breyer and President Biden appear here at the White House tomorrow.

LEMON: Yes. And speaking of Amy Coney Barrett, for some reason that election year rule that Mitch McConnell came up with suddenly did not -- was not relevant then.

[22:15:06]

Let's talk more about Amy Coney Barrett now, Laura, because I want to play something. We sometimes hear from Supreme Court nominees during their Senate confirmation hearings. This is her when asked if Roe v. Wade was correctly decided. Watch.

(BEGIN VIDEO CLIP)

AMY CONEY BARRETT, ASSOCIATE JUSTICE, SUPREME COURT OF THE UNITED STATES: It's inconsistent with the duties of a sitting judge and therefore has been the practice of every nominee that sat in this seat before me to take positions on cases that the court has decided in the past. As I've said to your colleagues, I just -- it's not up to me to be in the business of expressing views.

(END VIDEO CLIP)

LEMON (on camera): So, Laura, you see there she wouldn't give an answer. And today the current six-three conservative court is deciding on abortion rights. These decisions have huge consequences. They're taking up affirmative action next term.

COATES: And that's so true. And I would note of course that Justice Breyer said that he will serve after the remainder of this term, which ends in June, which means that theoretically there will be a Black woman on the court looking at the issue of affirmative action for the schools of UNC and Harvard, for example. Very impactful to think about that perspective. Not a foregone conclusion of how she'll rule. But that actual perspective.

And again, I expect frankly whoever is nominated by this president to fall along the same type of script that every Supreme Court justice overwhelmingly has given about cloaking themselves in the idea of being apolitical, about not wanting to show their hand on how they might rule on what might come before them, irrespective of what they've actually written about in their legal scholarly work or anything else.

But I could wonder, don't you, to the extent that that will be permitted to not have to be honed in and confined to a particular answer. I wonder if that same script will be acceptable in many respects to this particular nominee, and if it's not, then why not.

I wonder and sometimes fear that the idea of double standards will come into play. But I think that the women who are at least on this very short list are more than capable of being able to have the same level of impartiality and the same ability to rule based on the law and its interpretation as the benefit of the doubt given to every other Supreme Court nominee up to this point. And if that's not what happens, then that's a different conversation we need to have about the Senate process.

LEMON: Laura, Kaitlan, thank you both. I appreciate it.

Candidate Joe Biden made a pledge to nominate the first Black woman to the Supreme Court, as we've been saying here. At Congressman -- remember Jim Clyburn's suggestion? Now he's making history. But will he also turn his presidency -- will it turn his presidency around?

(BEGIN VIDEO CLIP)

REP. JAMES CLYBURN (D-SC): I want to make sure that it's a woman that will get universal support. When I say universal, I mean bipartisan support.

(END VIDEO CLIP)

[22:20:00]

(COMMERCIAL BREAK)

LEMON (on camera): Justice Stephen Breyer's decision to retire is the big news tonight. After months of battling over voting rights and build back better Democrats now have a chance to come together, help the president deliver on a key campaign promise, nominating the first Black woman to the Supreme Court.

Joining me now to discuss, CNN political commentators Charlie Dent and Ashley Allison. Good evening to both.

Ashley, so Biden on the campaign trail, candidate Biden promised to nominate a Black woman to the court during the campaign. It was Representative Jim Clyburn's idea. And just tonight Clyburn saying he told Biden then it could be a turning point in his election. And it was. How vital is it do you think to keep this promise?

ASHLEY ALLISON, CNN POLITICAL COMMENTATOR: It's necessary, and there's no reason to think that Joe Biden, who is a man of his word, will not keep his promise. I remember campaigning on the idea that if Joe Biden and Kamala Harris, another Black woman, were to win that a Black woman, the first Black woman to be nominated and ideally confirmed to the Supreme Court. And that really resonated with voters. Not just Black voters but the 81 million people who showed up in historic numbers to elect Joe Biden.

So, this is a promise that I think the president and the vice president will keep, and I think it will have historical consequences for our country because what it means to have a court that is fully representative of our country, and currently that is not the case for the highest court of the land.

LEMON: Let's talk about it. Clyburn, though, Clyburn has a big voice. He was instrumental in this president being nominated and ultimately becoming president. The candidate, right, and then becoming president. Because Clyburn is backing South Carolina U.S. district court Judge Michelle Childs. How much juice does he have in who gets picked, Ashley?

ALLISON: There's a lot of pieces of the puzzle that go into who is going to be selected for the nomination. Congressman Clyburn obviously is a close friend of the president, but I think at the end of the day the president will pick someone who he knows can get confirmed, who is qualified.

I think that Representative Clyburn has many names, but there are so many qualified Black women to the court. I'm sure he will put up some options for who should be considered. But I think at the end of the day all the different components of who is the best choice for the temperament of the court, who can move through a quick confirmation will be what is the final decision for President Biden.

Charlie, let's get you in on this conversation because one of the front-runners to potentially fill this seat is district court judge Ketanji Brown Jackson. She was confirmed, let's see, in June and even got three Republican votes. They'd be under a lot of pressure to explain if they didn't vote for her now. Am I correct?

CHARLIE DENT, CNN POLITICAL COMMENTATOR: You're absolutely correct. And I do think if President Biden were to nominate Judge Jackson that she would be confirmed. She would probably get every Democratic vote and probably a few Republicans. Though I did see in a previous segment it looked like Lindsey Graham was maybe backtracking a bit. But there are five Republican senators who are retiring.

But if I were the Democrats, I would not count on Republican votes to confirm her. Look, Republicans couldn't count on Democrats to confirm Coney Barrett or Kavanaugh or Gorsuch, although they got one for Kavanaugh, as I recall. Joe Manchin. But at the end of the day, I think Joe Biden will get a win here.

[22:25:09]

LEMON: Lindsey Graham backtracking. Shocking. So, Ashley, listen, President Biden has been struggling in the polls. His legislative agenda, voting rights, build back better, stalled. Do you think this is going to give him a needed boost, maybe some momentum ahead of the midterms if he can say listen, I, you know, I've had a Black woman as my vice president, I've got a black woman now as a Supreme Court justice. I mean, does this give him some juice and help turn this narrative around and maybe the polling?

ALLISON: It's rather exciting. I know as a voting rights advocate I was really disappointed when the legislation didn't pass a couple weeks ago. And to know that the opportunity that I can see myself on the highest court is exciting and an invigorating opportunity. Particularly because we know Black women are the backbone of the Democratic Party.

So, I think it's a great opportunity to nominate someone who is overqualified, who will add a great asset to the court. But I do think it will be a boost for the Democratic Party going into midterms. Especially regardless of whether or not the person has a challenge getting confirmed.

If Republicans want to try and make this Black woman who was nominated seem unqualified, I think it will actually backfire and rile up the base even more.

LEMON: Yes. What do you think of that, Charlie? Do you agree with that?

DENT: Look, I suspect there will be opposition to her. I don't think the opposition, whoever the person is, I don't think it will be as personal as maybe the Democrats were opposed to some of the Republican nominees over the years. But I think there will be opposition. For sure.

But like I said, Biden is going to get a win here. He's going to win. I don't think it's going to change, though, the narrative out there. The midterms are going to be determined not by this Supreme Court nominee but by the president's approval rating. This might help energize his base a little bit.

LEMON: Right.

DENT: But I don't think it's going to change the narrative that much. LEMON: Yes. Well, that's what I meant. Is it going to help -- because

listen, it's all about how many people, who gets the most people to the polls. Except for that Electoral College thing. That's an issue. But that's what it usually boils down to.

Charlie, Democrats do have the votes if they stick together. Mitch McConnell has promised to stop Biden's agenda at all costs. Do you think Republicans are going to try to make this nomination as ugly as possible? You said you don't think it will be as personal as previous -- as the last couple of nominations.

DENT: So, if history is any indication, I think over the years, to be fair, Republicans -- Senate Republicans have been pretty acquiescent to Democratic presidents with their nominees. Many voted against those Supreme Court nominees. But they usually get several Republicans voting for them.

My senator, Pat Toomey, in Pennsylvania, very conservative, he supported many of Obama's nominees, as did many other Republican senators. They have been -- many of them have felt that the president in power should be able to make his nominations to the court. Not all of them. But I think some of them will. And I wouldn't be surprised to see more than a few voted for, say, Judge Jackson and maybe some of the other potential nominees that could be offered by President Biden.

LEMON: All right. We'll see. Thank you both. I appreciate it.

Unhappy with your child's teacher? Snitch on them to a government tip line. That's what Virginia's Republican governor wants people to do. Stay with us.

[22:30:00]

(COMMERCIAL BREAK)

LEMON (on camera): Virginia Governor Glenn Youngkin is asking his constituents to rat out their neighbors. He is setting up a tip line for parents to report behavior in schools that they find questionable. That can be anything from mask mandates to so-called divisive subjects.

So, joining me now, CNN political commentator S.E. Cupp. S.E., good evening to you. I'm so happy to have you on to talk about this.

Let's talk about Youngkin is already banned, I'm going to go through this list here. Critical race theory, which is not being taught in K through 12 schools. Like a lot of Republican colleagues in other states have been doing the same thing. Now he wants parents to rat out individual teachers to the state government. What is going on here, S.E.?

S.E. CUPP, CNN POLITICAL COMMENTATOR: Yes. Tip lines and blacklists and naming names and banning books. Sort of all the stuff that's historically been like ominous and rejected by history. Leave it to this Republican Party to resurrect like the worst ideas. And that's what -- that's what Youngkin is doing. He's encouraging

vigilante justice, turning neighbors against neighbors. And it's not the only, you know, the only one like it. You know, in Texas they're doing a similar thing with their anti-abortion laws where they encourage citizens to turn in other citizens. That could be a cab driver or an abortion doctor.

Anyone cursorily involved with someone procuring an abortion could be turned in by another citizen. It's un-American. It's definitely un- Christian. And it's certainly unconservative. But you know, what else is new for this Republican Party?

LEMON: Yes, I was going to say this certainly goes against traditional conservative values or principles.

CUPP: Yes.

LEMON: And what are parents who do this, what are they teaching their children?

[22:34:57]

CUPP: Well, I don't know like where in the bible this morality lesson -- this morality lesson is. And it's not -- it's not conservative to empower citizens to take the law into their own hands. I mean, this is a party that's supposed to be of law and order.

And if you're allowing citizens to just turn each other in, what is the point of a legal system? What is the point of a judicial system? What's the point of law enforcement if really you just want neighbors to be able to rat out other neighbors? And you know, essentially empower a mob of Karens to do the work that state officials and public servants and school boards and other elected folks should be doing without relying on, you know, voters to handle it themselves.

LEMON: Youngkin talked about this tip line on a conservative radio show where he also spent time defending his ban on local mask mandates. This is what he said about that.

(BEGIN VOICE CLIP)

GOV. GLENN YOUNGKIN (R-VA): Love your neighbor. This is one of these moments where I know people might want to do some things that make a strong statement. Just love your neighbor. That's day number one. Day number one call. And finally, listen to your principal. And it may not be exactly what you want to hear today. But keep your kid in school.

(END VOICEO CLIP)

LEMON (on camera): Look, you talked about this a little bit, the actions. Those are his words, but look at his actions. His policies. There are all sorts of lawsuits over a mask ban. And this month a Virginia mom threatened to bring loaded guns to her child's school over masks. Watch this and then I'll let you respond.

(BEGIN VIDEO CLIP) UNKNOWN: My children will not come to school on Monday with a mask on. All right? That's not happening. And I will bring every single gun loaded and ready.

(END VIDEO CLIP)

LEMON (on camera): She later apologized and said she didn't mean it. But I mean, these policies are taking a divided nation and making it more divided and bringing everybody -- it's bringing everybody further apart, S.E.

CUPP: I mean, love your neighbor but turn him in and sic a mob after your neighbor. And listen, it might be cloaked in more polite language. That sounded, you know, more polite. But it's really what Trump did. Trump spent four years turning neighbors against each other and having neighbors blame each other for, you know, things that they didn't like in their lives.

But it feels as though -- I mean, even the seemingly most polite Republicans, the party's really just embracing like all the worst parts of the bible and none of the good parts. Like they're here for the wrath and the smiting and the stoning and the vengeance. They're not here for the love thy neighbor and turn the other cheek and unconditional love and blessed are the meek. They're not here for any of that.

Because really compassionate conservatism is dead. RIP. It's passe. For this Republican Party. So even someone like Glenn Youngkin, who ran, quote unquote, "for all Virginians" and is now telling people to love thy neighbor, has really rejected that kind of compassion and empathy in favor of, you know, identifying yourself by your enemies, not your friends, rooting out heretics rather than seeking out converts.

These are the things that define the Republican Party right now. And Glenn Youngkin is right in lock-step.

LEMON: You know, Texas -- pair Texas and Virginia with Governor Ron DeSantis is doing in Florida, right? He is backing bills that limit what kids can learn when it comes to the facts of history or sexual identity, claiming it's all about parental freedom. But isn't this all, you know, some -- it seems big brother-esque to me. What happened to the GOP being the party of small government?

CUPP: It is big brother. I mean, that's almost the lost story in this. And I'm glad you brought it up. Because while it's censorship and it's terrible and it's ignorant, it's also big government. It's empowering the government and bureaucracy, which is two very bad words if you're a small c conservative. To monitor you and watch you and tell you what you can read.

I mean, it's literally out of the '50s and McCarthyism. But like I said, Republicans are resurrecting the worst chapters, the worst ideas rejected by history. And now embracing them. It's something, you know, that Trump liked to do. Remember, he sort of, wanted to bring back operation wetback and he was for jailing journalists and really, you know, liked the 1950s gender norms and thought those should be brought back.

But all this stuff that history long ago decided was oppressive, was bad, was anti-Democratic, Republicans are like discovering anew and without any shame pushing it onto their voters.

LEMON: I appreciate the conversation. Thank you, S.E.

[22:40:00]

CUPP: Yes. Anytime.

LEMON: Gerrymandered out of office? My next guest says that's why he is not running again.

(COMMERCIAL BREAK)

LEMON (on camera): Long-time Tennessee Democratic Congressman Jim Cooper announcing that he won't be running for re-election. Cooper currently represents the state's fifth congressional district, which covers the city of Nashville.

And I want you to look at this. This is a newly proposed Tennessee congressional map from the state assembly led by Republicans. You can see that the new 5th district looks nothing like it does right now. Its new borders extending into more rural and red areas of the state.

Congressman Cooper joins me now. Congressman, thank you so much. I appreciate you joining us and speaking to us about this. You're not running for office again. Explain how Republicans in your state essentially made this choice for you.

[22:44:57]

REP. JIM COOPER (D-TN): Thank you, Don. Great to be with you. Republicans in the legislature have sabotaged one of the greatest cities in America, Nashville, Tennessee. They've done this by gerrymandering our city. Something that hadn't been done in all of our 230-year history.

And if anyone still doubts that Republicans are attacking voters' rights, look at this gerrymandering. I hope and pray this isn't being done all over the country, but I'm afraid it is. But Nashville could be the worst example.

Because this city is the home of Andrew Jackson, one of the founders of the Democratic Party. We've been Democratic forever. And now they have pie sliced it so it will be dominated by rural Republican legislators and Nashville will no longer have a real strong voice in Washington, D.C.

LEMON: Wow. I've got to tell people, you first served in Congress in the early '80s to the mid '90s. Then you took a break and you got re- elected again in 2002. You've been in the House since then.

Clearly, there is -- there's support for Democratic representation there, for a Democratic representative from Nashville. Are state lawmakers manipulating the will of the people by changing this map? Because I don't think the people really want this, do they?

COOPER: Well, at least 40 percent of Tennesseans don't. And right now, the Republican legislature is only giving voice to about 11 percent of Tennesseans, those Democrats. So, 29 percent of Tennessee Democrats are being disenfranchised by this map. Minority communities in Nashville are being devastated. They're literally being cut to a third of their normal size.

Nashvillians will go from being a priority for a congressperson to being an afterthought. That's a real tragedy for all the citizens of Nashville, regardless of race or ethnicity.

LEMON: Yes. Listen, it's so egregious, I have to continue to put up these maps so that people can see exactly what's happening. This is a proposed map. It chops up Davison County, where Nashville is. What does it mean for Democratic voters whose votes will now be diluted in three different districts?

COOPER: Well, Republicans already have a seven-two majority in the nine-member Tennessee delegation. They're trying to make it 8-1. It looks like they're going to succeed. And only Memphis will be a Democratic stronghold in Tennessee. When we have Democratic voters spread throughout the state, especially in Nashville.

So, what it's going to do is render us mute. And that's a tragedy because we do not want to discourage voting. We want to encourage voting by all of our people. And Democrats will come back one day due to these Republican abuses, this Republican greed. It's really what they're doing to Nashville is they're colonizing it. They're tearing us apart. They're cutting us in little pieces.

They're allowing rural counties and respective communities like Hartsville, Cookeville, Columbia to dominate Nashville. Nashville is one of the hottest cities in America for tourists, for business. Because it's Nashville. It's that special blend of magic that we've got here and music. And that's what makes us special. And Republicans can't stand that apparently.

LEMON: Yes. But it's also -- before that, I was there pre-pandemic, just before the pandemic, and Nashville was very diverse. As you said, the tourism industry was exploding there. The nightlife was amazing. The downtown, the rehabilitation and so on just great.

But I was really struck by the diversity, especially in the music industry. People were looking to move to Nashville. I hope that does continue. But we'll see. Do you think that that will continue?

COOPER: I hope and pray it will continue. The Republican National Committee is planning on coming here in 2024. We're one of the finalist cities. And isn't it ironic that we're so desirable as a convention site and yet they want to tear us up. We've got a rule in the country, if it is not broke, don't fix it. And the Republican legislature is trying to fix us even though we're not broken.

LEMON: Yes. Listen, I don't like to, you know, to both sides everything because I think Republicans are better -- you can correct me if I'm wrong. Better -- well, I shouldn't say better. But they're more egregious when it comes to this gerrymandering. Because Republicans and Democrats both gerrymander when they control the redistricting process. Though the GOP is appearing to, as I said, do it more aggressively. As we have seen in these proposed maps it shows in Texas and Florida, what would be the fairway to do this, Congressman?

COOPER: Another irony, Don, is that I've carried the legislation in Congress to have neutral and bipartisan redistricting nationwide. I've had that bill for years. And Republicans hate that. Actually, both parties hate it. But you point out something very true.

Republicans are better at this gerrymandering. They are ruthless. There's a guy named John Ryder who is a national Republican guru for redistricting. He's from Tennessee. And he put it in plain talk. He's quoted in publications saying, I had all the evidence. Don't have any texts, no e-mails. Don't have anything in writing. Because then we could prove racial gerrymandering. And it's going to be a lot harder to prove now without any written record.

[22:50:00]

LEMON: Congressman Cooper, thank you so much. I appreciate your time. Best of luck to you.

COOPER: Thank you, Don. You're a good man.

LEMON: Thank you. So are you. Pleading guilty. The capitol rioter seen here wearing a Camp Auschwitz sweatshirt now could face six months in prison. But take this. Could he end up with just a slap on the wrist?

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LEMON (on camera): Take this. The man who was seen inside the U.S. Capitol wearing a Camp Auschwitz sweatshirt on January 6th has pleaded guilty to a misdemeanor trespassing charge. Fifty-seven-year-old Robert Packer could face up to six months in prison when he is sentenced in April.

[22:54:58]

But we should make clear that many defendants who pleaded to the same charge and are not accused of violence received much less or no jail time following the insurrection. So, he might just get a slap on the wrist. The black sweatshirt Packer wore at the riot had a graphic image of skull and crossbones and bore the name of the Nazi concentration camp where about 1.1 million people were killed during World War II, most of them Jews.

According to court records, when FBI agents searched Packer's home after his arrest they found Swastika artwork, a folder titled "whites only material," and pictures of Hitler and other Nazi imagery.

Up next, Supreme Court vacancy. Justice Stephen Breyer getting ready to retire, and President Biden is getting the chance to fill his seat on the bench.

[23:00:00]

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LEMON (on camera): President Biden getting his shot to fill a Supreme Court seat with Justice Stephen Breyer deciding to retire.