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Don Lemon Tonight

Biden Calls For Diplomacy To Defuse Russia-Ukraine Crisis And Warns U.S. Will Respond To Russian Aggression; January 6th Committee Issues New Subpoenas; Lemon Interviews Rep. James Clyburn On Assault To Vote; Emotional Testimony In Two Trials; Woman Fatally Stabbed In NYC Chinatown Apartment. Aired 11p-12a ET

Aired February 15, 2022 - 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): President Biden trying to lower the temperature on the Russia-Ukraine crisis. He is calling for diplomacy but warning the U.S. will act against Russian aggression, sending a direct message to the Russian people.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES OF AMERICA: We are ready to respond decisively to Russian attack on Ukraine, which is still very much a possibility. We should give the diplomacy every chance to succeed. We do not seek to destabilize Russia. To the citizens of Russia, you are not our enemy.

(END VIDEO CLIP)

LEMON (on camera): And ahead, neighbors speaking out about what happened the day Ahmaud Arbery was killed in the federal hate crimes trial of three men convicted of murdering him. That as one of the officers charged with violating George Floyd's civil rights takes the stand in Minneapolis.

Plus, New York City's Asian American community on edge after a young woman is followed into her apartment and killed by an assailant. This is just latest in a string of violent crimes.

We have a lot to get to tonight. I want to get live, though, to Ukraine where CNN international correspondent Michael Holmes is live for us in Lviv. Michael, hello to you. Thank you for joining us. I really appreciate it.

Russia is claiming it is withdrawing some troops from the border. Does anyone in Ukraine believe that, because President Biden says there are still more than 150,000 Russian forces on three sides of the country?

MICHAEL HOLMES, CNN INTERNATIONAL CORRESPONDENT: Yeah, that's a good point, Don. I mean, it's certainly a case of mixed signals, I'd say. You know, it's a few thousand troops pulling back to bases after Russia says they finished their exercises. But they're not moving far and that's significant. They're going back to bases that were close to the border, anyway. And these aren't the troops who traveled across the country to be in place. As you say, you know, 150,000 or so other troops still very much in place, and according to the west, still poised to possibly attack.

Now, those troops continue their military exercises elsewhere in Russia or Belarus, close to the Ukrainian border. And the military hardware still coming in. More readiness potential for war. So, yeah, mixed signals for sure, Don.

LEMON: The Ukrainians have tried to downplay the panic. Are you sensing a shift there tonight? I know they're now asking NATO for help.

HOLMES: Yeah, yeah, NATO says Ukraine asked for more international help. According to NATO, it prepares for large scale emergencies which could affect the civilian population, obviously. We are talking about things like heavy equipment, equipment to detect explosives, personal protection equipment, also communications, medical supplies and so on.

The Ukrainian government, Don, still urging calm, supporting diplomacy but obviously preparing for the worst should it come. Ukrainians themselves would like to continue to go about their lives. They're not panicking. But I have met some who actually moved out of the capitol, Kyiv, to here in the west of the country because they're fearful but don't have the option. And to be frank, most others are just getting on with life as we walk around the streets here.

The concerns, obviously, growing though as time passes and there is no breakthrough on the diplomatic front. And speaking of that, the Russian foreign minister, Sergey Lavrov, made it clear Monday that there is room for more talks. And we saw Germany chancellor, Olaf Scholz, in Moscow earlier. And the Polish and Italian foreign ministers are also planning trips to the Russian capital. So, the shuttle diplomacy continues.

LEMON: Yeah. And we woke up here, you know, with the news that there was a cyberattack that took out services on Ukraine's Ministry of Defense and several state-owned banks. What are you learning about who may be responsible or who is responsible, Michael?

HOLMES: Yeah, it's sort of set the cat amongst the pigeons. We are talking about denials of service attacks on Ukraine' Defense Ministry, a couple bank websites. But I think it's important to note we don't know who is behind it. And to be honest, these types of attacks aren't necessarily sophisticated. So, it could be anyone. It doesn't necessarily mean that it's the Russian government or anything like that. But it does all add to the weight of worry here, Don.

You know, imagine you are a Ukrainian, you've had war with Russian- backed separatists in the east for eight years now and you're effectively surrounded on three sides by Russian forces. You know, so, that worry is pretty understandable.

LEMON: Michael Holmes, appreciate it, sir. Be safe. We will talk to you soon.

I want to turn now to the January 6th Select Committee issuing six new subpoenas today related to the fake electors who tried to make then President Donald Trump the winner in states that he actually lost.

So, joining me now, the former FBI director Andrew McCabe. He is now a CNN senior law enforcement analyst. Andrew, thanks for joining us this evening. Good evening to you. These subpoenas are targeting two members of Trump's campaign and four GOP officials in battlegrounds states.

[23:05:02]

That's on top of 14 other subpoenas last month tied to these fake electors. What is the critical thing to determine about this plot?

ANDREW MCCABE, CNN SENIOR LAW ENFORCEMENT ANALYST, FORMER FBI DEPUTY DIRECTOR: Well, Don, excuse me, this all comes back to the documents that the committee came across several weeks ago that indicated that these lists of fake electors, GOP electors, had been submitted by some

states to the National Archives and to the process in an effort to try to overturn the results of the election.

The committee has been assiduously focused on that in the last several weeks and they have subpoenaed just about everyone you can think of that might have been involved in that activity.

It is clear that they believe that this was potentially a legitimate conspiracy to try to overturn the results of the election and they are trying to see if they can hold the president or some of his advisers and supporters accountable or -- to indicate whether or not they were kind of the driving force behind that effort.

LEMON: The Select Committee says it has -- quote -- "credible evidence" that Roman and Brown, the two former Trump campaign officials subpoenaed today, encouraged state legislators to appoint slates of fake legislators -- fake electors -- excuse me -- to -- after the results of the election. How big of a deal is that the campaign may have been directly involved in this scheme?

MCCABE: It is -- it is a big deal, Don, because it's one more link in this chain. We know what happened at one end of the chain, right? We know that these states actually got fake electors, signed up, put them on these letters and sent the letters in in an effort to turn around the results. The other end of the chain you have, the person who would have benefitted from that activity, which is, of course, the former president.

So, they're trying to connect the former president with what actually happened. So, to know that someone from his campaign, somebody working directly for his election interest, was actually in contact with the state officials and trying to persuade them to do exactly what they did really brings the two ends of that chain together in a very damaging way for the Trump folks.

LEMON: Andrew, Chairman Thompson says that -- Bennie Thompson says that they're looking for records and testimony. Are these people likely to cooperate? Do they -- do they have a choice?

MCCABE: Well, they don't technically have a choice, right? They have been subpoenaed. It's a lawful subpoena. You are required to comply with the law and required with request of the subpoena. They can try to challenge the subpoena by filing a suit in federal court, say that it's overbroad or unfair, they shouldn't be subjected to it. Those challenges are likely to go nowhere.

They can also comply and come in and refuse to provide information. They can rely on their invoke of Fifth Amendment rights against self- incrimination and essentially tell the committee nothing.

But ignoring the subpoena and doing nothing is really not a good plan for any of them. And I would expect that most will comply in one way or another.

LEMON: All right. Andrew McCabe, thank you very much. I appreciate that.

MCCABE: Thanks, Don.

LEMON: I want to turn now to CNN senior political analysts John Avlon and Kirsten Powers. John has a new book out today. It is called "Lincoln and the Fight for Peace." I will be putting it on social media a little bit later. Reading it in the commercial breaks. It is so good.

Kirsten is the author of another great book, "Saving Grace," that I wrote a little thing for. I hope that people like what I said about it because I enjoyed reading it.

So, thank you both for joining us and congratulations to you both on the books.

Kirsten, I'm going to start with you. So, we heard President Biden today standing up for the right of countries to determine their own future supporting freedom. Is he effectively making the case for why Americans should care about what's happening with Russia and Ukraine with so many problems here at home?

KIRSTEN POWERS, CNN SENIOR POLITICAL ANALYST: Yeah, I think the speech that he gave was meant to convey to Americans that this is about American values. So, this is something that may require some sacrifice on the part of the Americans in terms of if Biden is pushed to have to put sanctions on Russia. That could result in higher gas prices for Americans. That will be a sacrifice made in the name of American values.

I think that this is a pretty tough sell right now. I do think that -- I think the speech that he gave was great, and I think that is a necessary thing to do. You need to bring Americans along. It's just really bad timing in the sense that, I think, Americans are just so exhausted. And the idea of having to make more sacrifices, I think, probably is going to have a pretty -- a pretty short time period probably that Americans can tolerate that.

LEMON: John, let's talk about the sanctions. That's what the president is doing. President Joe Biden threatening sanctions against Russia. But bipartisan efforts have stalled in the Senate and Republicans are pushing their own plan.

[23:09:58]

What does it say about our politics, that even in the middle of crisis like this, lawmakers can't work together? They just can't get it together.

JOHN AVLON, CNN SENIOR POLITICAL ANALYST: Well, it says that partisan politics doesn't end at the water's edge anymore. But there are competing proposals. And democracy can be messy. It can be difficult. But they're moving forward towards sanctions of some kind and to make them punishing enough so that Kremlin and Putin pay attention.

It's preferable to armed conflict, especially because Ukraine is not part of the NATO. But defense of the international order is nothing we can take for granted. It is difficult. You know, difficulty is the history -- is excuse history doesn't accept. And this international order has been hard won and it needs to be defended.

LEMON: Kirsten, you know, we have been talking about this for a while, this issue. And I just want to get your take on nine victims' families from the Sandy Hook elementary massacre agreeing to a $73 million settlement with Remington. That is manufacturer of the gun used. President Biden is applauding the company being held liable. How big of a deal do you think this is for this kind of accountability? It's never happened before.

POWERS: It's incredibly momentous. I think that it is something that in a way was I think unthinkable and very similar -- I heard you're talking with Laura Coates about it earlier. I thought the same thing. It reminds you of how the cigarette and tobacco industry and cigarette manufacturers were never held accountable until they were.

And I think it's going to -- it maybe the thing that can change this paradigm, this thing that seems so unsolvable, even though it's so horrific that we live in a country where these kinds of things happen.

The rest of the world looks at us and thinks this is insane because it is insane. And it's not the way we should be living. We shouldn't be worrying about our children being shot in school. Our children shouldn't be worried about being shot in school. So, hopefully, it represents some sort of huge change in our country.

LEMON: Staff, teachers. I mean, no one should have to worry about being shot in school.

John, you have this new book out today. It is called "Lincoln and the Fight for Peace." And you write about how Lincoln was on a mission to unite a divided country. It seems like there are a lot of parallels to our politics today.

AVLON: There are. I mean, look, partly it's a reminder we have been through far worse before and come out the other side, but it's a cautionary tale about what happens when political parties divide. They deny legitimacy of a duly elected president when people appealed to tribal divides.

But ultimately, Lincoln's leadership is what I think we can look to as a path away from violent polarization. Even in the midst of Civil War, he never lost faith in his belief that there was more that unites us than divides us in America.

And he reminds us that a diverse -- defending a diverse democracy is heroic as winning it in the first place. And so, I think we need to be inspired by his example. We need to look to it as a way to depolarize some of our debates the way that he did.

But -- and remember that, you know, this isn't a joke. These forces that some people play with to divide in order to conquer are truly dangerous. And we just need to learn from history, be guided by history.

I'm reminded by something that Ulysses Grant said 10 years after the end of the Civil War. He said, if we have another Civil War in this country, the dividing line won't be Mason and Dixon, he said. It will be between patriotism and intelligence on one side, and superstition, ambition and ignorance on the other.

LEMON: Sorry. I was sitting here reading John Avlon's book. You can't see the return. "Lincoln and the Fight for Peace" by Mr. John Avlon, author of "Washington's Farewell." It is a beautifully written book. I'm so proud of you. Proud of both of you for your books. So, John's is out today. Go get it, okay? Thank you.

AVLON: Thank you.

LEMON: Appreciate it.

And with everything that we're dealing with in this country, the assault on the vote is still going on right now. I'm going to ask Congressman James Clyburn whether he thinks that we'll have free and fair elections this fall.

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[23:15:00]

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LEMON (on camera): Restrictive voting laws passed with the big lie spreading all across the country already causing chaos for some voters. Early voting started yesterday in Texas and already reports coming in of exactly what opponents fear, a huge increase in rejected ballots and issues around voting -- voter registration.

CNN spoke to one Texas voter who had her ballot rejected twice.

(BEGIN VIDEO CLIP) UNKNOWN: I downloaded the correct form. I filled it out. And it got rejected again the second time. This time because I did not include the form of I.D. that was used when I originally registered to vote, which was 46 years ago in this county.

(END VIDEO CLIP)

LEMON (on camera): Wow. So, joining me now to discuss, Congressman James Clyburn of South Carolina. Congressman, good evening. That voter, her name is Ms. Gaskin (ph). She is on the board of directors for the League of Women Voters. She knows the rules. It still took 28 days and three tries to get a ballot. We're seeing these issues from this Texas law and it is only one of the 19 states that passed laws to restrict voting in 2021. How much disruption could these laws cause in the midterm?

REP. JAMES CLYBURN (D-SC): Thank you very much for having me, Don.

[23:20:00]

It's going to be chaotic. No question about that. I have been on the phone earlier today as well as some virtual meetings with (INAUDIBLE) all over the country. We are organizing now to fight this kind of suppression. We know what they're doing in Texas is designed to be able to deny voters the right to vote. We know that.

And so, what we're going to be doing is putting a backup for all the people to get acceptance. We are going to have a place for them to come to so that we can make sure that we do in-person voting for all those who get rejected.

You shouldn't have to go through this. This is a democracy dependent upon to free and (INAUDIBLE) right to vote. And anybody that is throwing up roadblocks to the right to vote or trying to destroy this democracy -- the Republican Party seem to be hell bent on establishing an autocracy in this country.

I would hope that the people of goodwill come together and do what is necessary to stop this in its tracks, so that this country can continue this with more perfect union.

LEMON: Congressman, you know, there are a lot of people who are looking at Democrats and saying, what are they doing? Time is running out. And it is highly unlikely that Democrats will find a way to act and protect the ballot before the fall where midterms happen. Do you have confidence that we're going to be having free and fair elections for Congress this fall? Can you, as a leading Democrat, promise the American people that, especially people who supported this administration and supported Democrats all across the country getting into office?

CLYBURN: Well, Don, as you know, we passed all these things in the House and the majority in House of Representatives. We passed all these bills and have been sent to the Senate. Now, the Senate is evenly divided 50/50. We have two Democrats who haven't been willing to get rid of the filibuster, which means that is 48. Right now, we do not have the votes we need to get this done in the Senate.

I'm hopeful that after seeing what's going on there in Texas and seeing the Supreme Court decision as it relates to Alabama -- we have three-judge panel, two of those judges being Trump appointees, said this is unfair to African-Americans. Supreme Court now said, okay, maybe unfair, but we'll let you have the election anyway.

So, this is what we're up against. What we have to do is get people to understand that 50 Democrats, 48 on board, we have two that we can't seem to get through to --

LEMON (on camera): That was my whole point about, two Democrats, about the Democrats. I mean, you said you have two on board. You talked about how it affects people of color. Let me play this and I'll continue on. I want to play the White House releasing this message from the president today celebrating Black History Month. Here it is.

(BEGIN VIDEO CLIP)

BIDEN: Black History Month is more than a celebration. It's a powerful reminder that Black history is American history. Black culture is American culture. Black stories are essential to the ongoing story of America.

Since taking office, Vice President Harris and I have been proud to build a government that looks like America. With trailblazing Black leaders in my cabinet and distinguished Black Americans serving in roles all across the administration. Very soon, I'll be honored to nominate the first Black woman in American history to serve on the United States Supreme Court.

(END VIDEO CLIP)

LEMON (on camera): Okay, so listen, the issue of voting and then he's also expected to pick a nominee this month. There's been backlash from certain Republicans about that pledge. Do you expect that this nominee is going to be treated fairly in the hearings given how these things have gone?

CLYBURN: Yes, I think so. This president doing what he has the power to do has nominated eight African American women to the Court of Appeals. This Court of Appeal -- that eight equal all of the presidents before him. And that to me is what he can do. He stated he is going to nominate an African American woman. He is going to nominate an African American woman. That's what he has the power to do.

He doesn't have the power to get the vote of a person from a state that he (INAUDIBLE) lost by 40 points.

So, that is the dilemma that we have. You can't blame that on this Democratic president. He's doing exactly what he promised to do, and he's doing it in equitable manner.

[23:24:57] He has appointed more people of color to the bench in this first year than any president in the history of the country. And he still got three years to go.

LEMON: Congressman Clyburn, thank you so much. I hope we can work out where we are having free and fair elections come this fall and that controversy dies down about the nominee for the Supreme Court because we need someone who is qualified and every one I see in contention for this seems to be a very qualified woman of color, just a very qualified person in general.

Congressman, thank you for your time. I appreciate you joining us.

CLYBURN: Thank you very much for having me.

LEMON: Two major trials happening right now in Georgia. Neighbors testifying about what they saw the day Ahmaud Arbery was killed. And in Minnesota, the first ever testimony from one of the ex-officers in the George Floyd case.

Plus, blood-curdling screams in the middle of night. A woman fatally stabbed in her own apartment in China town.

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[23:30:00]

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LEMON: So, the first ever testimony today from one of the ex-officers in the George Floyd case. Tou Thao, one of three ex-officers charged with violating George Floyd's civil rights, taking the stand in his own defense today. The other two are expected to also testify.

And in Georgia, neighbors testifying in the federal hate crimes trial over the killing of Ahmaud Arbery. One saying the murder took place in front of his house, which -- quote -- "didn't feel like home anymore after what's happened." He since moved -- he has since moved, I should say.

So, joining me now, CNN legal analyst and former L.A. County prosecutor Loni Coombs. Loni, thank you so much. Good to see you. Let's get into this.

LONI COOMBS, CNN LEGAL ANALYST, FORMER L.A. COUNTY PROSECUTOR: Thank you.

LEMON: This neighbor who testifies, his name is Dan Allcott, talked about his wife and baby at home. His wife trying to comfort that baby while -- quote -- "someone was dying on the street in front of our house." He told a pretty emotional story. But does emotion amount to anything when the prosecution is trying to prove a hate crime?

COOMBS: Well, you know, obviously, they have to have a lot more evidence. They have to be able to prove that the motive for the crime was racial animist. But I think the reason why the prosecutor called this witness first is to really set the stage of, look, here's someone beyond the people that we heard about. It is just a human person who had these emotions talking about this person, seeing him die in front of them, to the point where they keep seeing his images in their mind and they had to move after that.

Remember, he was home with his wife and his baby. And the crime scene evidence that came in later showed that there was a bullet that actually went through one of the houses nearby. So, they were all in danger of acts done by these people.

LEMON: There is another neighbor, his name is Matt Albenze, testifying that he actually called the non-emergency line for the police when he saw Ahmaud Arbery walking around the house that was under construction in their neighborhood. The defense did question him about racial motivation to call the police on Arbery. And he said there was none. I mean, his actions are drastically different from what the McMichaels and Bryant did that day.

COOMBS: Right. He pointed out, he said, look, I have a gun, and I actually pulled the gun out when I was going to call the police -- Arbery -- anybody. And that's the difference here. And that's the --

LEMON: Do me a favor, Loni, because there was a technical glitch as you were speaking. I want the audience to hear what you have to say. Can you repeat what you said, please?

COOMBS: Sure. What he said was, I have a gun, and I actually pulled it out when I went to call the police when I saw Ahmaud Arbery, but I didn't chase after him with this gun nor did I shoot him with this gun. I think the prosecution is showing here, look, here's a reasonable response. If you think someone is trespassing, call the non-emergency phone line and let the police do their job, as opposed to what the McMichaels and other -- the defendants in this case did, so egregious in their acts.

That is where the prosecution is then going to bring up this racial animist evidence which is graphic and so raw and so emotional. But it goes to show as to why these defendants treated Ahmaud Arbery the way they did on that day. And the prosecution is saying it's because of his race, it was because of the color of his skin that they chose to decide to treat him the way they did, and he ended up dead.

LEMON: Thank you. Loud and clear that time, Loni. Thanks for that. So, let's turn to the civil rights trial in the killing of George Floyd. The former Minneapolis officer, Tou Thao, testifying about his rough upbringing. He said the arrest of his father after an abusive incident is what motivated him to become a police officer in the first place. Does this humanize him for the jury?

COOMBS: Sure, I think it does. And I think that is why they're taking this calculated risk. All three of these defendants have said they're going to testify because look, they're having to combat a video, which is so compelling and so egregious. So, the only chance they really have to be able to tell the jury their side of the story is to take the stand.

But the problem they have, Don, is they are going to get up and say what they did, and Thao today said, look, I was the one in control of -- charged with controlling the crowd. That was my job. So, I wasn't restraining George Floyd in any way. If I was, I would have assessed his medical condition. I assumed everything was fine because no one was giving him CPR. I didn't see that happen.

Well, that's fine and dandy, you can try and point the finger at the other officers which I'm sure is going to happen in this case because there are three defendants testifying all in front of the same jury.

[23:35:00]

But here's the thing. They're all police officers. They all have the duty to serve and protect and try and preserve life. And he could see what was going on with George Floyd. He could hear him cry out for help. He could see him struggle. He could see him in signs of distress. And for him not to step in and do something is in violation of his duty.

There were children at that scene, Don, who can see that something needed to be done, who are trying to get something done. They would have stepped in if they could have. Those police officers all had the duty to step in and do something.

LEMON: Loni, let's move forward to tomorrow. We can expect. Thao is not done. He's got more cross examination to come. Then officers Lane and Kueng are going to testify. Do you think their testimony will help or hurt them?

COOMBS: I think it will humanize them, but I think the bottom line is it's going to hurt them. Now, Lane has a little bit to argue because he actually did say something. You can see it and hear it in the video, him talking to Chauvin, saying, you know, expressing concern about George Floyd's condition and saying maybe we should turn him on his side.

So, he actually did say something. But when he was turned down by Chauvin, he kind of let it sit. He said, okay, I guess so and just left it as it was. That's why he wasn't charged with the failure to intervene.

But the fact that none of them did anything in the long run for nine and a half minutes is what, I think, the jury is going to look at. Yes, they're human, yes, they chose to be police officers, that's all wonderful and good, but what you did there on that day was egregious and it was a crime.

LEMON: Loni, we're glad to have you. Thank you. Nice addition here.

COOMBS: Thanks, Don.

LEMON: Thank you. A woman followed into her apartment building only to be fatally stabbed. That story is next.

And ahead, Prince Andrew settles a sexual abuse lawsuit with Virginia Giuffre.

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[23:40:00]

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LEMON (on camera): The spike in violent crime nationwide hitting home for people here in New York City, especially in the Asian American community. Early Sunday morning, a 35-year-old woman was followed into her apartment in Manhattan Chinatown neighborhood, stabbed to death.

A 25-year-old man is charged with her murder, though it is not clear if her ethnicity played a role in the attack. But tonight, people are frightened. More now from CNN's Miguel Marquez.

(BEGIN VIDEOTAPE)

MIGUEL MARQUEZ, CNN NATIONAL CORRESPONDENT (voice-over): Christina Yuna Lee, 35 years old, yet another Asian American woman brutally killed.

SHARON LEE, FORMER ACTING QUEENS BOROUGH PRESIDENT: It's happening every time you turn around. The news is showing yet another victim. And it's hard to catch a breath.

MARQUEZ (voice-over): Christina Lee was stabbed more than 40 times, say prosecutors, found in her bathroom naked from the waist up. It's unclear whether Lee's race or ethnicity played a role in the attack. The killing conjures fear all too common for Asian Americans and women everywhere.

LEE: The guard is up all the time and it's been for a while.

MARQUEZ (on camera): Christina Yuna Lee's apartment is right next to a subway station. But officials say she took a taxi that night or a car, something that happens a million times in this city, jumped from the car to the door of her apartment. Police say that her alleged killer pushed into the door as she went in, followed her six floors up, staying one floor behind her. And then when she opened her door, he pushed into her apartment. Neighbors heard calls for help, dialed 911, and then those calls went silent.

UNKNOWN: It could have been me. It could have been anybody in the building.

MARQUEZ (voice-over): Police responded quickly. Prosecutors say the alleged killer inside the apartment spoke to police through the closed door, pretending to be a woman and telling them to go away. It took over an hour to get into the apartment. By that time, Lee was dead.

Prosecutors say her alleged killer, 25-year-old Assamad Nash, was found hiding under the bed.

UNKNOWN: You didn't kill her because she was Asian?

ASSAMAD NASH, ALLEGED KILLER: I didn't kill anybody.

MARQUEZ (voice-over): Nash has so far been charged with murder and burglary. More charges may be coming. The legal aid society representing him has declined to comment.

The killing, another fear-inducing chapter adding to concerns over anti-Asian hate crimes growing for years. In 2020, an Asian man sprayed with a cleaning product Febreze. A Filipino man's face slashed last year. Last week, a Korean diplomat punched in the face in what the NYPD says was an unprovoked attack. And last month, Michelle Elisa Go was shoved onto the subway tracks directly in front of an oncoming train.

JULIE WON, NEW YORK CITY COUNCIL, 25TH DISTRICT: There's a vulnerability there and a sense of perceived weakness towards Asian American women and Asian American seniors that perpetrators tend to be pulled towards because we're seen as easy prey.

MARQUEZ (voice-over): Won, a New York City council member, says the rise in intensity of crimes against Asian Americans comes as little surprise. She blames an increase in homelessness, a strain on mental health services, and the words repeatedly used by the former president, blaming China for the pandemic.

DONALD TRUMP, FORMER PRESIDENT OF THE UNITED STATES OF AMERICA: Kung flu.

[23:44:59]

WON: We had a national figure calling this pandemic the kung flu virus or the Chinese virus and continuing to inflame racism and personify something that has hurt every single one of our lives into something that's tangible where you can scapegoat and say it's their faults.

MARQUEZ (on camera): Earlier today, people from the community and activists held a rally and a vigil at the park just across the way here. They walked over to the front of the apartment and laid flowers at this memorial that is growing to Christina Yuna Lee.

And a Manhattan district attorney says that it is still possible, they are investigating whether they can bring charges of hate crime against the suspected murderer of Ms. Lee. He's due in court this Friday, and we may learn more then. Don?

(END VIDEOTAPE)

LEMON: Miguel, thank you very much. We're going to talk about that as a matter of fact right now. Let us bring in our legal analyst here at CNN, Joey Jackson.

Joey, good evening so much. Let's get some more information on this case and then talk about that hate crime. The murder is particularly terrifying with Christina Yuna Lee being followed into her building and then has taken so long for police to get into the apartment. The suspect had a slew of recent charges. Should he have been out on the streets? If he had the problem with homelessness and mental health and all that, should he be allowed in the streets?

JOEY JACKSON, CNN LEGAL ANALYST: Yeah, you know, Don, good evening to you. It's always important to examine and identify what the issues were that led, you know, to the person who was the suspect and who was alleged to have committed this murder to be out in the first instance.

What we do know is that there were misdemeanor offenses which he was charged. We also know that those misdemeanor offenses which he was charged, he was given a desk appearance ticket. Another matter, an assault, he was released on the supervision of the court.

And so, you know, yes, you can make arguments as to whether or not a person should have remained in custody, but at end of the day, Don, you cannot keep someone in custody forever.

And so even if the judge would have kept him under bail conditions, that's changed in New York City after the bail reform law. At some point, a person like this would be out on the street. And so, if it's not her, then who else would it be?

And so, I think it's a larger question than whether he should have been out. It relates to what we're doing with respect to this population. He apparently has a mental health. He is dealing with that. Are we dealing with educational and other issues? Are we dealing with issues relating to our bail reform laws? It's a lot deeper and complex than simply whether or not he should have on the street in the first place.

LEMON: So, Joey, here's the thing. You see the video, you see the accounts, you see the attacks on the people. Police are not calling this a hate crime. But with the surge in crime against Asian Americans, and you see the video, many times it is, you know, the suspect is an African American man attacking an Asian person. What do you expect to become of this part of the case? I mean, should it be a hate crime?

JACKSON: Yeah, I think that what we need to do is we need to absolutely look at and examine in every instance when you have an occasion whether it's an Asian American or someone else, African American or anyone, who was attacked by virtue of who they are or who people perceive them to be. I think that has to be identified. I think it needs to be investigated. And if appropriate, absolutely should be charged.

The whole reason that you have hate crimes is that very purpose. If you are targeting people because of their ethnicity, because of who they identify with, because of origin, whatever those issues are, that has to be investigated.

The police have to determine that that occurred and prosecutors have to prosecutor it. You have to actually have laws that deter people from committing crimes. Otherwise, Don, as we know, those crimes continue. And that can't happen in a big city like New York. It can't happen in a small city. It can't happen anywhere.

And so, yes, we have to get a grapple around these issues and they have to be stopped. If that means charging as a hate crime or doing whatever we need to do, we've got to do it. Enough is enough.

LEMON: Yeah. I agree. Joey Jackson, thank you very much. Appreciate it.

JACKSON: Thanks, Don.

LEMON: Prince Andrew settling the sexual abuse lawsuit against him. What we know about his agreement with Jeffrey Epstein accuser Virginia Giuffre, next.

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LEMON: We have some more news stories to report to you. A major development tonight in the sexual abuse lawsuit against Prince Andrew. He and his accuser, Virginia Giuffre, have reached an out of court settlement. Giuffre alleged in the civil suit that she was trafficked by Jeffrey Epstein while underaged and forced to have sex with his friends, including the prince.

A photograph shows the then 17-year-old Giuffre with him at Ghislaine Maxwell's London home. She claimed Andrew sexually abused her there and in two other instances, while allegedly knowing she was underage. He denied the allegation.

As part of the settlement, Andrew will make a substantial donation to Giuffre's charity in support of victims' rights. The exact amount, unknown. Last month, the federal judge denied Andrew's request to dismiss the lawsuit.

And tonight, I want to send condolences to the family of author and political satirist P.J. O'Rourke. Died today at his home in New Hampshire. He was 74.

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Over the decades, O'Rourke wrote a variety of publications from "National Lampoon" where he was the editor-in-chief to "Rolling Stone," "Forbes," "Playboy" among others. He also authored about 20 books and was a regular panelist on NPR's "Wait, Wait, Don't Tell Me." And O'Rourke joined me on this program numerous times over the years. I'm sorry for that loss, and he will be missed.

Thanks for watching. Our coverage continues.

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JOHN BERMAN, CNN ANCHOR: President Biden offers Russia a way out of the Ukraine crisis along with the clearest warning yet of the price to be paid for not taking it.

John Berman here, in for Anderson. The president spoke at the end of a tense and somewhat confusing day with mixed signals at every turn. On the one hand, Vladimir Putin claimed that a number of Russian troops are pulling out of the region.