tv Don Lemon Tonight CNN June 9, 2022 12:00am-1:00am PDT
>> the select committee found more evidence than incitement here. >> reporter: the committee interviewed more than 1,000 witnesses behind closed doors including jared kushner, ivanka trump, donald trump junior, rudy giuliani, bill bar and obtained more than 135,000 documents. >> we must also know what happened every minute of that day in the white house. every phone call. every conversation. every meeting leading up to, during and after the attack. >> reporter: the committee is clearly signaling to the justice department which holds the power to charge trump with a crime related to january 6th. >> do you believe it was a conspiracy? >> i do. it is extremely broad. it's extremely well organized. it's really chilling. >> reporter: just this week, a federal judge again flagged possible evidence of a crime, that same judge issued a
landmark ruling earlier this year finding it was more likely than not that trump and a conservative lawyer committed a crime and strategizing to overturn the election. trump is not charged with a crime and denied any wrongdoing. he continues to down play his involvement and bashing the committee's work as another quote witch hunt. >> january 6th. what a lot of crap, it's another con job like russia. >> reporter: committee members say trump was car on his duty and republicans pleaded for trump to intervene and text messages to his white house chief of staff. >> i think mark meadows is the mvp for the committee. >> reporter: denver helped decode meadow's text among the 2300 messages obtained by cnn. donald trump junior texting he's got to condemn this shit asap. meadows responding, i am pushing it hard. i agree. it took trump over three hours to release this recorded video.
>> so go home, we love you. you're very special. >> look at the totality of the evidence, it's pretty apparent at some points president trump knew it was going on. >> reporter: the hearings are not only expecteded to explore efforts to overturn the election results but the rule of far right extremist groups. one month after the election, as you recall, president trump tweeted about the protests in d.c. on january 6th and the following day, the proud boys began to plan for the rally knowing they might have to break the law to stop the certification of votes. that's according to one plea agreement by a member of the proud boys cooperating with the investigation. the doj escalating the case charging several leaders with seditious conspiracy. >> i want to bring in ryan nobles and ellie. good evening, gentlemen.
ryan, to you first. what are you learning about what we might see or hear from this committee tomorrow? >> well, don, the first thing is that the committee seems intent on establishing pretty early on in this hearing that they believe there was a premeditated planning going on leading up to january 6th. this wasn't just an organic event that happened amongst a grown up of peaceful protesters that got out of control, that there was a concerted effort to come to the capitol with the idea in mind to cause chaos and storm the building. to that end, they'll hear from two witnesses that had a direct contact with the proud boys, the right wing extremist group that was very present at the capitol that day and part of groups agitating the crowd. the big question i have for the first hearing, don, the committee said we could hear from some of the depositions, these closed door pieces of testimony in which they've recorded them all on videotape and they could play excerpts of them during the hearing.
we know that's going to come up at some point during the course of the month of june with all these hearings. the question is could it come up tomorrow night? bennie thompson was asked today if he thought ivanka trump's testimony could be heard tomorrow night and he didn't rule that out. it will be interesting to see how the committee uses all these resources they have at their disposal. of course, they have a prime time audience tomorrow night so they'll try to maximize the effort. no doubt at all. >> ellie, i spoke with denver riggleman earlier in the show, he's a former advisor to the select committee. this is his message on the hearings. watch this. >> i can tell you that the one thing the american public should look at if there is one word they should concentrate on tomorrow and the rest of the hearings until that report is released, it's coordination. and that's what the committee is setting up tomorrow with the
timeline and they will try to prove the coordination between multiple groups for the day of january 6th. >> so, you know, i went on to ask him if he thought he was -- if it was provable and my question to you is do you think the committee will be able to prove it -- that it was part of a concerted effort to overturn the election? >> well, don, you asked the exact right followup. you said coordination, do you mean within the oath keepers and proud boys or a link over to the white house? that is one of the biggest questions that i have. are they going to be able to prove that there was some coordination or connection between the extremist groups that physically formed the capitol? we don't know. maybe there is a confection. maybe not. even if there is no direct link or indirect link, i think what the committee is going to try to establish at a minimum you had two separate conspiracies, born of the same motive, the same incentive, born of the big lie. one to try to steal the election through fraud, through the elector scheme coming out of the white house and the more direct physical attack on the capitol itself. >> ellie, we have this brand-new audio tonight of devin mccarthy describing what happened on
january 6th. this is, to tell everyone, alex burns, jonathan martin. their new book "this will not pass." watch this. >> i got a phone call to the president telling him what was going on and asking him to tell these people to stop, to make a video and go out. i was very intense and very loud about it. he did put a tweet out and later he did put a video out. i told him i didn't like the video he put out later, but the second day, i wish that video was first. >> this shows mccarthy believed trump had the pourer to stop the attack and did nothing for 187 minutes. how is this critical time period, how will this play into the committee's case, do you think? >> this is the most important time period in the case, the 187 minutes from 1:10 p.m. when the capitol was breached until 4:17 p.m. when that tape went out. this recording by mccarthy, by the way, kudos to jonathan and
alex for finding this. this is part of a historical record. we won't hear from mccarthy. he was subpoenaed and blew it off. this is more telling than anything he says now because this is what he said then. during the three plus hours, everybody knew only donald trump could call off the pack of rioters and donald trump did not do that, which raises another big question which is what did he do? what was he doing minute by minute during those three plus hours. >> the committee has done thousands of interviews and has tens of thousands of documents with the evidence still coming out. what do you know? what's the latest? >> don, we should point out that these hearings this month are not the end of this investigation. we may only be at a midway point. the final report not expected until the fall and they're still collecting evidence as we speak. in fact, they won a big court case this week where a judge
ruled that they could have access to more than 159 additional emails from the conservative lawyer john eastman. among them, emails the judge deemed could be evidence of a possible crime being committed. in his ruling, the judge said that one of these emails in particular that will be in the hands of the committee shows that eastman was plotting to basically, you know, use legal theories but not actually use the courts to enforce them. but instead, use it as a means to try to run out the clock or use it as an argument in the congress on january 6th to try to prevent the certification of the election results and that could indicate fraud. they knew this wasn't a valid legal argument but instead, we're trying to have the will of the voters. this is still part of the investigation. don, they may not get them until next week so it's unlikely it could be part of the hearings. it shows after we learn these things and the hearings by the end of june, there could be information that comes out between now and september that
could be part of a report that could be read by merrick garland and could become part of the a criminal investigation. >> that's the big question. what the d.o.j. is going to do with everything coming out of this committee's hearing, the committee hearings. >> yeah, don, look, there is two audiences here. the american public, of course, first and foremost have to persuade and inform the american public. doj is watching. we know that. a couple weeks ago we learned the doj asked the committee, hey, can we get a look at your transcripts. that's backwards by the way. the doj and prosecutors ought to normally lead the way. they have better and more powerful and nimble tools to gather information. so i think part of what the committee is going to do is make a case that's so powerful and overwhelming it really forces doj's hands. we'll see if they're able to do
that. >> what is doj doing? we're hearing some democrats are getting frustrated with a.g. garland. talk to me about that and ellie, i want you to respond. >> there are a lot of leading democrats on the record saying that they're upset it's taking merrick garland so long to speed up this investigation, to start indicting people, to start bringing in witnesses and subpoenaing people connected to the investigation and concerned the longer he waits, the closer we get into a political phase where it may be difficult for him to bring witnesses in and even potentially indict people because it will be seen as too political. particularly if republicans were able to win back the house of representatives in the fall, you're talking about another election cycle. there are many including the third ranking house democrat that told cnn this week he believes merrick garland needs to step it up and there are members of the january 6th select committee that said you don't need to wait for us. we're putting this information out there. if you want to act upon it, you can. >> as you said, ellie, the doj has sharper and more nimble tools to deal with this getting information and investigating. why aren't they doing it?
why isn't congress doing their work for them? >> it's a great question, don. one that i echo. here is the thing. we don't know sitting here now whether doj will eventually indict donald trump or really anyone around him. but what i can say is this, the pace, the speed here is unacceptable. it's unusual. it's extraordinary because people say, well, investigations take time. i know. i was a prosecutor for 14 years. yes, they take time. we're going on 18 months now just about since january 6th happened, merrick garland has been in office 16 of those months. that's not connected with the urgency of this case and threat. if they were going to make a decision, they should have done it. that's not to say they won't in the future. again, we can argue whether they will or won't but the pace to me is inexplicable. >> don, one other point, donald trump -- there is reporting he may announce another run for president as soon as the fourth of july. once he become as candidate for president, that makes this, you
know, effort to try to make it or hold him accountable if there is criminal activity discovered that much harder if he's the leading candidate to become the republican nominee for president. >> happy fourth of july, everyone. [ laughter ] >> oh, boy. here we go. thank you. i appreciate it. >> thank you. >> the doj announcing the investigation in response to the school shooting in uvalde that killed 19 little kids and two of their teachers and they're not the only ones investigating. >> the review will be comprehensive. it will be a transparent and it it will be a transparent and it will be independent. do take care of myself. i try to stay in shape. that's really important, especially as you age. i noticed after kids that my body totally changed. i started noticing a little pudge. so i took action! coolsculpting targets, freezes and eliminates treated fat for good. no needles, no incisions.
it works in minutes. nexium 24 hour and prilosec otc can take one to four days to fully work. pepcid. strong relief for fans of fast. today, the doj announcing the team to investigate the police response to the deadly school shooting in uvalde, texas and more than two weeks after 19 children and two of their teachers died. local officials are still not
answering basic questions about what happened that day. joining me now cnn correspondent rosa flores. good everyone to you. how is this investigation from the doj going to work? >> reporter: you know, don, the key take away here is that this investigation is not a criminal investigation. this is an after action review, which means they're not looking for criminality here. they are looking to do an independent review of the law enforcement response, and the u.s. doj has done this in the past. they did it after the san bernardino attack and after the pulse shooting and here is how it works. this is lead by the u.s. doj with the support of subject matter experts. so these are members of the fbi for example or police chiefs, sheriffs and what they do is they interview witnesses. they look at the training, the policies, the procedures and the goal here for the u.s. doj is to prepare a report of best practices and also, learnings. so that they can share those with first responders, so that first responders are more prepared for the next active shooter event.
but again, don, the key here is this is not a criminal investigation. they're not looking for criminality here. >> yeah, the texas legislature is kicking off their own investigation into the massacre. what can we expect at their fact-finding mission starts tomorrow morning? >> reporter: you know, this will be interesting because most of what will happen tomorrow will be in executive session, which means it happens in secret. it happens behind closed doors. what we do know and what we've learned is that more than one member of the texas department of public safety will be testifying under oath. the members of this committee will also be examining evidence. now, that could be police reports, logs from first responders, or 911 calls, things like that. they will be reviewing evidence behind closed doors. so very similar to the u.s. doj
investigation, not looking for criminality here, they are on a fact-finding mission. so if you're wondering why are all these bodies trying to figure out the facts? there is mistrust. because the public was provided misleading and conflicting information in the immediate aftermath of this shooting. so now different bodies are trying to figure out the facts including this investigative committee and their goal is to prepare a report that focuses on the facts and hand it over to two legislative committees here in the state of texas that will then recommend legislation and when are we expect thing report? according to a source close to this committee, don, they're expected to complete the preliminary report by the end of the month. >> rosa flores in texas for us. thank you. i want to go to the former fbi supervisor special agent steve moore. steve, good evening. >> hey, don. >> thanks for joining.
>> this doj review will be a big under taking. you compare it to when investigators piece together a plane crash to find every piece of what went wrong and why. tell us more what goes into an investigation like this? >> what they're going to look for, don, is they're just going to write it as if they were writing a documentary on really the entire event. they're going to start with every single officer at the scene, every single -- the incident commander, everybody. what was their training? when was their training? how adequate was their training? then they're going to compare their training to the response and there is very possibly going to be a gap between the training and the response and then like the ntsb they go in not -- the ntsb doesn't go in because they hate airline pilots. they go in so future airlines will be safer and in this case, they need to get the facts on this right down to the second so that this type of tragedy isn't
going to happen again, at least as far as the police response. >> you know, steve, days after the shooting, it became clear that the texas department of public safety shared false information like claiming that the teacher had left the door propped open. does that raise the stakes for a federal investigation to get the whole truth out to the public? >> it absolutely does. and i think that's why the department of justice was asked to come in because it doesn't matter even if you get somebody who comes in and has a flawless report, unless they're viewed as unbias by the public, it's not going to mean anything. doj has to come in and, you know, if you look at their report here, they've got -- look at their crew on this, they've got laura mcilroy. she's with mcilroy media. so obviously, and she's very involved in law enforcement so obviously, they're bringing
somebody in who is an expert on that piece. >> how much of this investigation do you think is going to be focused on that hour-long period in which officers did not confront the shooter and why they didn't confront the shooter? >> i think that's going to be the major part of this investigation. that is the -- that is the tragedy. that is the crux of the issue. we have law enforcement officers around the country every single one of them know active shooter protocol and active shooter protocol, the best way i can explain it is like a lineman going to sack the quarterback. that lineman doesn't stop until the whistle blows the play dead or the quarterback is on the ground. that's the way active shooter needs to go. so when they said initially, well, there was a barricade situation as part of this, everybody who has been taught that or taught it like i did thought wait, there is no
barricade situation in an active shooter in a room with victims. >> steve moore, thank you, sir, appreciate you joining. >> thank you. everyone in d.c. talking about optimism around gun legislation. this is the closest they have been in years but really? what's the gop going to agree to? e our shipping process was painfully slow. then we found shipstation. now we're shipping out orders 5 times faster and thanks to shipstation's discounted rates we're saving a ton. honestly, we couldn't do it without shipstation join over 100,000 online sellers who get ship done with shipstation go to shipstation.com /tv and get 2 months free. - to my mind, retirement is all about having more time to spend with the ones you love and more time to enjoy what you've earned. but unfortunately, many older americans just don't have the money to do all that.
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heart wrenching testimony on capitol hill today from families of victims and survivors giving a clear call to lawmakers for action on gun violence. the white house says president biden is encouraged by talks of new gun legislation on capitol hill but the final scope of the deal and how many republicans might go along remains to be seen. so let's discuss this now. cnn political commentator charlie dent and scott join me. negotiations seem to be going strong but republicans still divided on the package here. some are casting doubts about what is currently on the table. senators like james langford and steve daines expressing doubt about incentivizing states to pass red state laws and josh hawley saying it's an attack on second amendment rights. is this going to get done? >> don, i think something is going to get done. it may not be as much as many
people like, maybe not as much as i'd like. i would urge my republican colleagues in the senate to let them know that nobody is going to lose an election over expanding background checks to private sales of firearms. not going to lose an election over that. i'd tell them taking the age limit to 21 for long guns purchase is not an infringement on anybody's second amendment rights. i support second amendment laws. red flag laws won't cause you to lose your primary after he became senator as a governor. so bottom line is i think they will get something because the american public expects something to happen. there is a crisis here over these mass shootings and i think they -- congress' default position is to do nothing. that's usually the default position. in this case, this is a time to act. they have an opportunity to do
something and get something and they will get disappointed people as a consequence. >> who do you think of it, scott? do you think something will get done this time? >> i do, actually. i think on these complicated contentious issues for the rubix cube to spin and click right, things have to fall in place. both parties have an incentive to do something for democrats. they're not going to get everything they want but they have to do something. they have to show their base they can get something done and for the republicans that said for years, for years that hey, we want to focus on mental health. we want to focus on keeping people with mental health issues from getting guns, now is the time to do that and sounds like that's where the focus is in this package. so i agree with charlie. it looks like it will be narrow and will be really targeted. and republicans ultimately need to go home and as charlie knows, he ran for congress before and was in congress, you have to be able to tell the people that love the second amendment, i didn't do anything about gun control.
what i did something about was criminal control and the controlling of people who have mental health issues. if a republican can argue that, this could get 20 to 25 votes. probably 25 senators won't vote for anything. if you have a package with 70 or 75 votes, you know, it may not be 100% of what you want but i'd encourage democrats to take that loaf if they can get it. >> when asked about the calls from witnesses on the hill today to do more on what is proposed in the current talks, senator john core fan saying we want to do something that will save lives and make their sacrifice not in vain. that's our goal here. nobody knows exactly what we're going to do including me. scott, i'm going to ask you, will passing only smsmsml eps be enough for americans who are demanding action? i know you talked about, you know, republicans can go back and talk to constituents but for americans overall overwhelmingly on the side of the sensible gun legislation, do you think that's going to be enough? >> well, it won't be enough for everybody but i hope that it will be enough for people who have been watching in action for a very long time and who want something to happen here, i think candidly the bar is low for congress, if they do
something and it gets a big bipartisan vote is a reason why senator cornan are working on it, to show the american people you can work together on big problems and forge compromise. obviously, the parties are far apart on issues. but that's why to me it's important not to get ten republicans to get to 60 but get 20 to 25 to show the american people hey, we're talking. we hear you and doing what we can given how far apart the parties are on these issues. >> so listen, charlie, the reality is that republican lawmakers seem to be pointing to everything but guns as the reason for mass shootings. i mean, this is just some of what we heard today alone. listen to this. >> to me, the shootings are a symptom of a larger problem, which is the failure of our
mental health system in america. maybe if we heard more prayers from leaders of this country instead of taking god's name in vain, we wouldn't have the mass killings like we didn't have before prayer was eliminated from school. >> airplanes were used that day as the weapon to kill thousands of people and to inflict terror on our country. there wasn't a conservation about banning airplanes but connecting the dots. how can we figure out if there are signs we can see to stop the next attack from happening. >> what the hell are they talking about? anyway. go on, charlie. >> of course, mental health is a part of this problem. and i would say this, if people are serious about mental health, we should tighten up the background check law so that health care institutions can more easily transfer mental health data to the instant check
systems, which hasn't always been the case. the hippa laws need to bed a justed for that. nobody is talking about banning weapons in the proposals. they're simply talking about background checks. they're talking about red flag laws to prevent people who are mentally disturbed, at least temporarily from purchasing firearms and raising the age limit to purchase firearms for the most part as well as banning bump stocks. there isn't an infringement on the second amendment. they're missing the point. some folks, there are outside groups, not just the nra but further to the right, they raise money off not compromising and so to the extent they compromise, they're called sellouts and those groups are vying trying to poach members. there is a lot of money involved. people raising money off this. i think the elected officials have to set that aside and do their duty because the public is not where those groups are on this issue and the public really does want action and many issues
are 80, 90% issues. i don't understand the hysteria and opposition. >> well said both of you. you point out that there is a lot going on behind the scenes people don't know about, right? then as you said, scott, democrats are not going to get everything they want but at least it's a start and i think that everybody has to compromise here. so good point to both of you. thank you. go ahead. what did you want to say, scott? quick point? >> well, i was going to just say one more thing, charlie race -- raised the issue of age from 18 to 21. they are adding an extra layer of scrutiny on purchasers from 18 to 21. i do think that's a good thing. it's a step in the right direction and if they get there, will it be enough for everybody, no. you know, certainly it would be better than nothing if you're
really trying to prevent these tragedies, which i know a lot of people are negotiating in good faith to do. >> appreciate it. do democrats know what voters want? we'll take a look at the primaries so far. read the tea leaves for the november midterms. stay with us. it's time for our summer sale on the sleep number 360 smart bed. it senses your movement and automatically adjusts so you both stay comfortable, and to help you get almost 30 minutes more restful sleep per night. and now, save up to $700 on select sleep number 360 smart beds. plus, 0% interest for 36 months. only for a limited time.
as gun violence. and i sent, as you recall, the first major bill we gave the states and localities billions of dollars to have and encourage them to use it to hire police officers and reform the police department. very few have done it. >> let's bring in cnn senior political analyst ron brownstein and paul begala. gentlemen, good evening. ron. >> hey, don. >> two liberal cities, san francisco, voted to recall district attorney, los angeles rick caruso ran on being tough on crime and he got enough support to force a runoff come november. so is the president right? >> by in large, i think he is. look, i don't think what we are hearing from the voters, particularly democratic voters
and democratic leaning cities, it's not like they want to erase the summer of 2020. it's not as if most voters, most democrats don't acknowledge there is systematic inequities in the criminal justice system. i think what you're seeing is a clear signal of a need for a course correction. and a view on the voters that a reform in the system has to proceed with ensuring public safety. you can't elevate one goal over the other to the extent that you produce irrational policies. many people felt the d.a. here in l.a. facing similar criticism are taking these admirable goals to an extreme and as a result, public safety is eroding and also, honestly, the d.a.s and the police criminal justice reform issue is being sucked into a larger wirl -- whirlpool and the democratic run city haves to get a handle on that it's clear that's a big part of the discontent.
>> paul, the president has rejected the progressive call to defund the police. that is not new. is the party listening? is the party changing how they talk about police reform and public safety? >> i think so and i hope so, that the elites are, the leaders are. the base of the democratic party is saying it loud and clear. right? the base and this is like the cardinal sin is both sides. i just listened to your conservation with scott jennings and charlie. the republican base is increasingly radicalized. 70, 75% of them believe the big lie biden didn't win legitimately.
10 to 15 believe in qanon. democrats are moving to the middle. the base. not just the politicians. the politicians will follow. the base voters. you talked about los angeles and san francisco, in new jersey yesterday, donald junior and bob mendez junior defeated left challengers. we saw on policing in minneapolis where george floyd was murdered, nobody wants reform more than the folks in that city and they rejected defund the police because the committee thought it was too extreme. it's the democratic base that's moderate. democratic politicians will follow the base. >> but that's -- do you think
the public -- i mean, do you think the average voter realizes that? because ron, i mean, i guess it's on messaging, the democrats aren't so good with that. >> well, look, one thing that's been true for really at least 40 years and very much in the past decade is that republicans are more successful targeting main stream democrats with the views of the ideological van guard than democrats more centrists republicans with the news of their ideological van guard. there are more ads that are being run, republicans run ads associating democrats with the squad in nancy pelosi and democrats toting their bipartisanship. one of the challenges for democrats in this election is to walk and chew gum at the same time. they do have to re -- pretty clear after yesterday that they do have to reassure voters they are focused on their day to day concerns, which in the case of
l.a. and san francisco, homelessness at large across the country, it's inflation and gas prices and the continued destruction of covid. they have to find a morefective way to make the case of radicalization of the republican party, what is happening in red states, the prospect of the supreme court overturning roe v wade and the lock step opposition to almost any gun control that, you know, we're seeing play out in congress. those -- democrats are not going to be able to make this solely about republicans but they have to bring them into the equation if they are going to avoid the worst in november. >> paul, just respond to my question that i just said to ron there. just put this up real quick. democrats identify -- this is a cnn poll. democrats identify ideological 64% say they are moderate conservative, 17% say they are somewhat liberal. 17% say very liberal. again, is this just a messaging problem for democrats because democrats i don't think are as liberal as most people believe they are.
>> i think some of it is this disconnect between some elites and the grass roots base of the democratic party, especially the most moderate democrats i've come across in my career are the non-white democrats. san francisco is 60% non-white. l.a. is 74% non-white. that's always been the heart and soul of the democratic party and some of these elites i think maybe have stopped listening to the real grass roots and the base of the party and maybe it's because the white liberals of which i'm one, punch above their weight. they tweet a lot. they work in the media. but when politicians listen to the base of their party and the democratic party they come out in a much more successful place and moderate place. >> right on. thank you both. see you soon. >> thanks.
president biden making the rounds on late night tv, might be a comedy show but he's being asked serious questions. we'll play it for you, next. president joe biden stopping ° by "jimmy kimmel live" during his trip to l.a. the late night host asking biden about taking executive action on gun violence. >> can't you issue an executive order, trump passed those out like halloween candy. >> well, i did. >> isn't that something that could happen? >> well, i have issued executive orders within the power of the presidency, to be able to deal with these, everything having to do with guns, gun ownership, whether or not you have to have a waiting -- all the things that are within my power. but what i don't want to do and i'm not being facetious, i don't want to emulate trump's abuse of the constitution and the constitutional authority, and so -- and i mean that seriously, because i get asked, look, the republicans don't play it square, why do you? >> yeah. >> well, guess what? if we do the same thing they do, our democracy will literally be in jeopardy. >> well, yeah.
>> it's not a joke. and i -- >> i understand that argument, but also, it's like you're playing monopoly with somebody who, you know, won't pass go and won't follow any of the rules and how do you ever make any progress if they're not following the rules? >> well, you have to send them to jail, you know? that little box -- >> directly to jail? >> all right, let's discuss now with david sword. david, thank you. look, it's important what he said tonight that he won't abuse executive action to enact regulations, restrictions, i should say, but aren't we at a critical moment where you -- it's not exactly abusing the rules, it's doing what you have to do in a moment of crisis. >> yeah, don, i think the president is making a good decision to go on kimmel and i think that was a pretty good answer to that question. it's something that people can understand and it was measured. and he had that little joke at the end. if you're a democrat, what you also want him to say is, say, hey, i believe in passing laws
through congress, the old fashioned way. i was in the senate for 36 years, when i was the judiciary committee chair, we passed an assault weapons ban and then congress let it expire. let's do something like that again. you know, biden is in comfortable territory there with kimmel, it's like the reverse of a republican going on fox news shows, a friendly interview. but it's -- it's the kind of thing where we're in crunch time now, if you're a democrat, and if you're a republican, too, and the president has to try and pull as many of the folks in his party over that line in the midterms. >> democrats are under pressure to get something on guns. >> yeah. >> did the president have a solid excuse for what action he has and has not taken? >> well, i think he's right that there's only a limit to what you can do with executive orders. even if some executive orders on guns were constitutional, you risk a republican backlash if they get control of congress in
november. and then overriding those executive orders. you risk litigation going to the supreme court and having it not only sink your executive order, but also be a political debacle. so, i think democrats are right right now to try and negotiate and get what they can, if anything, with republicans in the senate and then try to get more. one thing that i think democrats have gotten caught up in in the last year and a half is thinking that policy is everything. policy is important and obviously when kids in schools are getting killed, gun policy is important. but it's also about instilling confidence in voters and telling a story about where you're taking the country overall and they haven't done that as well as they might have if they look back on last year. >> david, it's been a minute. don't go away so long. come back soon. good to see you. >> thanks, don. >> and thanks for watching, everyone. our coverage continues.
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a warm welcome to our viewers joining us in the united states and around the world. i'm max foster in london. just ahead -- >> the important stage of the investigation into the january 6 insurrection. are they going to be able to prove that there was? some coordination or connection between the extremist groups that physically stormed the capitol and power centers in the white house? >> to people with money, to people who fund political campaigns, the guns are more important than children. >> these weapons of war ca