this was a map i want to show you. this was put together by the dhs, but it was obtained by cnn through a government source. now, this shows where those children who are still separated from their families currently are. you'll see them across 16 states. most of them no surprise there, in texas with 944 kids, and arizona 379. new york 327. a little bit more information, but still by far not a cull accounting of what's going on exactly with the reunifications. >> thank you very much. that's all the time we have. thank you for watching. time to hand it over to chris who has the latest on the newspaper shooting. >> thank you, anderson. i am chris cuomo. welcome to "prime time". we have breaking news on the mass murder at a small local newspaper in annapolis, maryland, the "capital gazette" paper. the suspect in custody. we have new information and an interview with reporters inside during the shooter. we're live at the scene with me

reporting on motive in a moment. plus republicans on full attack against the head of the fbi and the man who oversees the russia investigation. both picked by president trump. congressman -- a congressman is going to tell you why it seemed like gop lawmakers were on the attack to present a trophy to president trump. and can they stop votes before the elections. a senator says yes. what's the plan? she's going to tell you. there is a lot to tackle tonight. what do you say? let's get after it. >> all right. here's where we are right now. the white board is giving you information. in terms of murdered and injured, that's the word we use, often it's killed but let's be honest. this was intentional and tactical and meant to take lives. five right now. injured, three say authorities. you have to watch that number. how people will recover, how severe the injuries are, we

still don't know. this newspaper is very well known and beloved in that community. these numbers are shocking but i have to tell you, response time was a huge factor. repo reportedly the gunman was reloading but first responders were there in sixty-seconds. they got in. they identified and engaged. ultimately capturing the murder. that made a huge difference in this saving of loss of life here. the suspect, a maryland local. late 30s. they have his name. he is in custody and talking. i'm not going to use the name. accused murders don't deserve the respect in these situations. motive is an intentional targeting here. this was not an accident. it's not about political animus, but it is intentional, and they say it comes from a lawsuit. there was a suit filed here that it was a defamation suit that this man had against the newspaper. now, the judge threw it out, and on appeal, that was affirmed. that this was a garbage suit,

but that seems to be the stem of the animus here. what was used? shotgun. now, what does that tell us? that we are not going to have the kind of protracted gun battles that we have after some of these shootings where access the type of weapon and ammo. this is something that you are not a law away from changing. however, there are going to be issues here about who this man was, why he was able to maintain weapons and what was known about his particular state of mind. particular attention of detail is going to come up. there were devices used here. now, there was bad reporting that it was ieds. they're not ieds. they were smoke grenades. he used them on entry to conceal himself and create some confusion. he then went around identifying targets. okay? so this is not your typical murder/suicide according to authorities. there are different components and things painfully familiar. brian todd is on the scene.

police are also looking at social media as a clue as recently as what might have happened today. >> reporter: that is absolutely right, chris. tonight we're told by police that social media threats were issued toward the newspaper. some as recently possibly as this morning. other information we have tonight from multiple law enforcement sources, chris, police are at an address associated with the suspect. the address in laurel, maryland, about 30 miles away from here. we're also told by sources this suspect did have a dispute with this newspaper. he filed a defamation claim against the newspaper back in 2012. but that claim was dismissed. this was according to police a targeted attack. police saying this suspect came in to the building, looking for his victims. and we have a very dramatic account from a survivor of the attack, phil davis, a crime reporter for the "capital gazette." he was here inside the building and heard the gunman reload. phil davis was hiding under his

desk as the shooter came in. here's his account to anderson cooper a short time ago. >> i did see the door shatter. essentially he shot through the first door, the glass shattered. i turned around to see it. once i started to realize that something was up, i didn't know what it was, i just assumed the worst, and kind of hid under my desk and didn't see anything after that until he was apprehe apprehended. >> just a horrific account from that witness, phil davis, who could have been a victim himself. we also get dramatic accounts from witnesses who saw the police rush in. really incredible when you think of the fact that they arrived here within sixty-seconds of when the shooting began. one witness said she was in a locked down business a short distance away. she could see the police responding. she said some of them were running toward the building in their civilian clothes pulling on their vests as they ran into the building. they quickly identified the suspect and engaged with him

somehow. we're told he tried to evade them in some measure. he was found, himself, according to the county executive, hiding under a desk and dropped his weapon some distance away. >> that makes the situation a little different. the distinguishing characteristic right now, response time. sixty-seconds to get in there and make this kind of stop. god forbid what would have happen first down they weren't there that soon. thank you, brian todd. i want to bring in two men who know the newspaper very well. a democratic congressman and a council member in the county. gentlemen, good to have you both on the show. congressman, let me start with you. one of the things that describes the heart and passion of the men and women inside this local paper is that despite all the tragedy they've had to live through today, they're working to put a paper out tomorrow. what does that reflect for you

in terms of what you've come to understand about them? >> that reflecting their professionalism and their passion for the job. our democracy is based on certain tenets. one is the first amendment and our media to be able to cover government and people and communities. this paper is a very unique paper. they've covered me. i was interviewed last week with chase cook, and he's a reporter that is not one of the five. and we had a long interview about the immigration issue. so when you talk about the reporters and talk about what they mean to our country, it's very important. and yet, as bad as they feel, and losing all five of their people and other people injured. if they're going to continue to report, that's their passion, that's their job, and i respect that. i also want to acknowledge the first responders. one minute, that's fantastic. that's what they do, and they protect us, and they showed that today. >> extraordinary response time. and obviously these are never situations to celebrate, but

good forbid, if they hadn't been there sooner, we know every moment counties. we heard the account about the murd murder reloading. in terms of the threat assessment here, authorities have identified this man as a guy who was a party to a lawsuit that got thrown out as a baseless defamation suit. they're doing threat assessment about whether there were threats on social media, things as recently as today. what do you know about any of that? >> well, i know the police are making details available when they have them. but chris, let me first say this is a small community. it's a close community. and i personally knew some of the reporters that were in the building. one of them was out here, pat ferguson, a few minutes ago covering the press conference. after i came up and gave him a big hug. i was glad he was okay, but he was out here with his pen and paper in his hand, and he was reporting. i think that's emblematic of the

local reporters and what they mean to the community and how seriously they take their job and the fact that they were threatened today, and the fact that other journalists may feel threatened in today's environment, i think is really sad. >> well, look, and just keeping it on the straight human realities of this, the man you saw out there covering his job, he lost friends and colleagues today. everybody has a tough time doing the job. everybody knows that being a journalist often puts you in positions of stress and duress. to lose people you care about and still do your job, it speaks to these men and women. what makes them special? >> well, this isn't a big town paper that puts a lot of stories out on the national wire. they cover county meetings, local across games, community events. and i think that they -- this paper feels like part of the fabric of the community. and so when the news first broke, i think everybody felt

shattered and heart broken, and we're a state capital and used to having a lot of attention and we're used to political stories. i don't think anybody expected this. i don't think that anyone was prepared to deal with it. a lot of people are just walking around town in shock not knowing exactly how to respond today. >> dutch, there's plenty of reason to believe here that this is a one off. that this guy had specific animus, a specific beef, and he decided to do something like this. you've used it as an opportunity to remind people that no matter how you feel about certain news report organization the back and forth with politics, that at the end of the day, these people matter. their lives matter and the way we treat each other matters. >> they do matter. the media matter. but also we have to remember these are people that have husbands and wives and brothers and sisters. and they're part of our fabric of our society. and they're out there doing

their job. they get up. they go to work, and then this happens today. you know, this issue with guns has got to stop. especially with the w assault weapons. i don't want to go too far with that. we're not talking about taking people's guns away. we're talking about protecting americans on assault weapons and do the things necessary to do. i think you'll talk about that later tonight on your show. >> look, this situation doesn't have the most usual fact pattern which is where you see a semi automatic rifle that's used, tamed in the wrong way. lots of ammunition that may or may not be accessible to people, but we never shy away from having the conversation, because i think that's part of the bad politics here, congressman, that people say well, you can't talk guns. it's too soon. when the hell else are you going to talk about it except in a moment of crisis. i don't know what law would have kept a shotgun out of somebody's hands, but you have the dove tailing about his mental health

state. who was checking on him. >> the other issue is mental health. i think it's easier to get a shot ggun than handgun, but the issue is five people are dead who worked in the media which is so important to our country. we have to move forward. congress has to get their act together on a lot of things, and especially this. this type of situation is not going to stop. >>. >> we have more killings in our country than any country in the world. >> we know the stats. and unfortunately we keep adding to them. councilman, you know these people. what a difficult position for them to be reporting on themselves. and how difficult that has to be for them, because that's a very unusual situation for a journalist that while you're processing something that actually happened to you. you're not there as a proxy for the experience of other people you're only knowing in the moment. this is a very heavy burden for them to carry. >> well, it certainly is, and

i'm sure a lot of people like me, they found out about the incident on twitter or other social media, because some of those reporters were in the building and they did -- when they felt like they were safe, they did grab their phones or devices and started to update people. immediately what happened in this community was people started asking is so and so okay, or have you seen this person? because we know a lot of these reporters on the first name basis. we were concerned about them. but there were reporters from the capital out here covering the press conference right across the street from the building where this horrible shooting happened. so it does speak a lot to journalists. i give them a lot of integrity. it's unfortunate that now they're being targeted. not only with violence but also just by hate speech and other things in the media. i wish everybody would treat each other like human beings.

>> well, this is certainly a reminder of what's supposed to matter most to all of us. gentlemen, i appreciate you both in here giving dignity and respect to the men and women who had to suffer through this situation today and yet, still had the resolve to do their job of bringing information to their community. gentlemen, thank you both, and congressman, thank you for saying you want to take up this situation. congress certainly has been asleep at the wheel on this. much more to come. the "capital gazette" shooting. we know why this gunman walked into that room. what we don't still understand is what was going on in his head. what could have been known? how could this have been diverted in we deserve -- we have to ask those questions. the people who suffered through this today deserve the answers as part of processing their own situation. we know this. response time was huge. please, we're going to take a break. don't go away. we have more information and too law enforcement experts who are going to explain just how close

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welcome back to prime time. we have breaking news. we're following the shooting at the "capital gazette" in maryland. the alleged murder in custody. police are interrogating him trying to determine exactly what it was he wanted to do, what was he kept from doing from ridiculously quick response time. joining us now, phil mudd and retired fbi supervisory special agent james galliano. look, we put down the essentials as we're getting them in. five and three. five lives taken, murdered here. three injured. those numbers have to be put in context. this was a full office. it was a small space. the response time of sixty-seconds. how much does that jump out at you, james? >> that's incredible. as a former s.w.a.t. team leader, you can't get places that quickly unless you're there. we always talk about going to the sound of the gun.

not containing and waiting to negotiate. interdict the shooter. it speaks volumes about the police department. >> we have to examine it by contrast also. we've seen what happens when officers delay before they go in. witnesses have them running in as they were suiting up. anxious to take this guy on. that seems to be critical importance. one of the witnesses said they heard him reloading. this murder had every intention to keep going. >> i think response time is only half of it. we're missing the second piece of it. the mind set of the people going in. can you imagine stepping in there realizing i don't know if he has explosive devices. >> visibility is in question. >> there's question about how much training was conducted after the broward county attacks. it's not only the response time. it's somebody saying i have a family. identify spouse. i'm going in there regardless of the prospect that this individual or individuals because you don't know, might have a weapon trained on me. it's incredible courage.

>> and that's why present company of you two included, you're better than the rest of us. that's why you're our heros. james, we know he's in custody. what's going on right now? >> in most of the incidences of recent vintage, most of the time the person that does one of these things, they either kill themselves or they conduct a suicide by cop. they're looking to basically go out in a blaze of glory. in this instance where somebody is apprehended, it's a treasure-trove of information. now, reports we're getting said he was not having cooperate i, but police determined who he was. as a law enforcement official, what you want to do in those situations is use active listening skills. you defer judgment. you try to establish rapport with that person. you're showing empathy but not sympathy. understanding, not agreement. and you help this person walk through why they did it. you ask open ended questions. you're empathetic toward their plight.

you're trying to help them and hopefully you get a confession. or find out if there were any accomplic accomplices. >> right now they're saying it was just him. it seemed to have been he had an intentional beef, a defamation suit that was brought against the paper. it was dismissed. for you, phil, how important is the followup interview with somebody like this? >> critically important. i probably did 2000 threat briefs at the fbi. those characteristics are not on the board tomorrow morning when we go in for a conversation about this with the fbi director. there's still a people game. we think we know one of them. looks like the guy acted alone. a couple other questions. did somebody participate? radicalized, help him gain a weapon? in a way that's material? number two, did somebody know? they were aware he was trying to put together the explosive devices? this is still a criminal investigation. regardless of whether we think tonight he acted alone, i still

want to know if somebody either provided material support or should have called before i get into issues like what was his motivation. that's a little further down the road for me. >> james, you made an earlier point. this is not as typical as the ones we've been to standing shoulder to shoulder. social media may have been relevant here. there may have been threats as recent as today. that's going to shine. they're going to shine a light on that in terms of what should you have acted on? what does it mean in terms of protocols. his use of smoke grenades. the fact that he may have been trying to hide instead of taking himself out. >> generally speaking, the consistent thread is a gr grievance. it could be something they perpetuated themselves. if it was a workplace issue -- in this instance, he was someone with a grievance against the newspaper. and trying to establish mote i

is important for this. how do you prevent the next one and make sure we put barriers in place or have warning signs not missed the next time. and the next thing, the weaponry. smoke canisters. we use them for a signaling device and the other is to prevent some kind of camouflage. here i think it was creating panic and terror. people start running. they think the building is on fire and it causes chaos. interesting selection of a shotgun which is not the standard weapon we see used in these, and smoke canisters. what was the point in the smoke? >> in terms of why he did this, there's so much negativity going on right now. you guys are living it alongside of us. the congressman we just had on made a point to bring it up. i didn't, because the lawsuit, the defamation suit kind of fills that in for me, but i'm not an expert. the idea of what caused his

anger and decided now was the time when the suit was from 2015. does that fit into the mix? 2012 was the substitute. 2015 was the appeal. this was years ago. >> i got to disagree with most of the media commentary including from people who are already suggesting it may have been the media environment that led to this. people are blowing through one point. that's a term we use in the law enforcement business. edp. emotionally disturbed person. before we said he had a motive we can understand, a rational actor, how confident are we he didn't have emotional issues that led him to snap today? you would be surprised when you're looking at cases at the local or federal level where the first question is is the guy acting in a rational way where you canmotive? >> that's a fair point. i know who gets guns matters.

people say don't talk about it right now. i wouldn't because it's a shotgun and you're not a law away from dealing with that. however, the mental health component, it's relevant almost every damn time that we're standing someplace around this country with dead people in front of us and families that are shattered, and they never wind up really moving the ball on that. who knew? who could have checked on them? what were the resources available? what are the tools to deal with somebody? they often are empty boxes. this could likely be another piece of evidence of the need. >> we live in a society where we treasure our civil liberties but want to be safe. we treasure privacy. hipaa and ferpa are two things. we want people that have mental illnesses to be able to say that shouldn't be for public consumption. but with these mental issues, in cases like this, there's no way

to put these together so a gun shop owner, a guy who is a good citizen and selling weapons doesn't know that somebody is already being treated for a mental illness or in some type of drug to prevent an outbreak. >> i'm saying it's much more common than it is not that we have a discussion where at the end of the day this man or woman was known by those around him to have a problem. to need help. and they usually don't know what to do. >> that's true, but there's one change in the date reflecting back on the broward county, the school shooting where the question was how many interactions did we have in the school shooter? you're seeing states talking about red flag laws. forget about gun control. we're talking about emotional disturbance identified at the school. identified by a neighbor. how easy it in in terms of policy and regulation to call law enforcement and trigger a process that says forget about gun control, this guy shouldn't have a weapon for some period of time. >> 100%.

right now you need adjudication. that's a court process. in the window, someone can act. when we're talking about guns, it's all a part of a discussion of how do you stop the shootings. no matter how many happen, and think about the men and women affected by this one. they're doing a newspaper tonight. they're still doing their job. they are victims of a situation that they're covering as journalists. that gives them tremendous respect. it puts a little bit of an owness on the rest of us. these situations deserve answers. now is the time to talk about them. it's not polite to discuss not needing an answer. when you're in the moment of crisis, that's the right time. thank you both as always. we're going to keep you posted on details as we get them. they are coming in slowly over time. we have other topics as well. the republican fury with the russia investigation boiled over at this congressional hearing today. a democrat determined to stop his gop colleagues and the white house from trying to shut down the probe is here next. his name is lewis ambiguigutier.

he'll be on prime time right after this.

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congressional republicans took aim at the head of the fbi and bob mueller's boss, deputy attorney general rod rosenstein. remember, they're both trump appointees. >> if you have evidence of wrong doing by any member of the trump campaign, present it to the damn grand jury. if you have evidence that this president acted inappropriately, present it to the american people. whatever you got. finish it the hell up. >> casual captain benghazi there, trey gowdy who seeps to have forgotten how long he took with his investigation that yielded nothing. the back and forth dug into everything from biassed text messages to president trump's claim that the mueller team is a bunch of angry democrats. but it got a lot more personal with targeted questions at rosenstein himself.

>> your statement i'm personally keeping information from you tryintr trying to conceal information. >> you're the boss. >> that's correct, and my job is to make sure we respond. >> this has been a long time coming. republicans have painted this picture of a dirty doj as their rebuttal to the russia probe. so it was time and opportunity to put some meat on the bones. >> mr. rosenstein, did you threaten staffers on the house intelligence committee? media reports indicate you did. >> reports are mistaken. >> times but they said having the nation's number one law enforcement officer threaten to subpoena your calls and e-mails is downright chilling. did you threaten to subpoena their calls and e-mails? >> no, sir, and there's no way to subpoena phone calls. >> it's interesting those who attack the media as fake news will turn to it when it serves their purpose. the intention was to show those

running the probe are dirty. >> appropriate for me to recuse i'd be more than happy to do so and let somebody else handle it. it's my responsibility to do it. >> my next guest was in the room. luis gutierrez is here. welcome. what a day. >> thank you. >> do you believe there was meat put on the bones at the suggestion that this investigation has been improper? >> i think if you walk away from anything in this hearing, it's that they want to give the president a trophy, and the trophy is rosenstein's head on a platter. that's what they want. they want to eliminate him, discredit him, impeach him, get him fired so they can stop. look, cuomo, let's get to the real meat of the matter, and

that is if you ask the deputy attorney general and the head of the fbi as i did did a foreign country try to undermine, influence, corrupt, our election system during the 2016 presidential election, here's what they both said. yes. and that that is the unanimous opinion of all of the intelligence agencies of the united states government. so why aren't we talking about that and a howing -- allowing that campaign which is clear. also isn't mueller's probe also looking into who might have tried to influence the outcome of the investigation? and clearly the president of the united states has told you and me and we've all heard him. i fired comey because of a fake investigation into the russia what he says collusion. >> he certainly has said it. whether he wants to own the words, who knows.

he changes his mind a lot about what's true, but he did turn to rosenstein, the man his brothers and sisters on the right are trying to condemn. remember the memo. it seems to me they don't really care about the russia probe as much as they care about undoing the russia probe by saying the people are covering up for clinton. they happen to be targeting two of trurmp's own guys to make their case. >> when i asked from 0% to 100% who do you owe your job to, he said president trump. i asked mr. wray, the fbi director, he said 100%, the president of the united states. these are both republicans, and they're both appointed by the president of the united states, and yet, it is the republican party trying to undermine their credibility so they can crush the probe into the russia intervention in our electoral

process, and they're trying to destroy our deposition exhibit. listen, if it was very clear, for those that have read the inspector general's report which i have, you read the inspector general's reports, they say that special agent strzok didn't play a significant role or any in undermining the investigation. that's a red herring there. remember when the president would say almost every day, can't wait for the inspector general's report. >> right. >> republicans almost, right, like in unison, there was nothing there. >> well, there was stuff in there, congressman, but it wasn't what they were hoping for. certainly, you had inappropriate activity and lying by mccabe. there are certain things to clean up. and wray and rosenstein own that. >> you're right. you're right. but how does that lead back to the deputy attorney general? how does that lead back to the

current fbi director? >> they'll say it leads back because they're not giving them the information they want. do you think that's a fair criticism? >> and that is a rabbit hole they want us to go into. so they want such material that it would be against the rules, against the rules to give them this kind of information. plus you and i both know what nunez did. he works in collusion with the white house, and they'll take whatever information, especially in those documents and if i'm donald trump, i'd like to have all of my friends of the republican party, and all of the members of the judiciary committee gather that information and give it to them. it's wrong what they're doing, trying to corrupt an investigation into something, okay, cuomo, let's just remember we all agree, everybody agrees that the russians intervened in our electoral process. should or should there not be an

investigation into this? i say absolutely. it is fundamental. >> you have the mueller probe. you have the senate intel and the house intel which they shut down. there's been a lot of investigating. you can't agrow on anything so there's no plan on what to do going forward. >> yeah, but cuomo, we have to let mueller. he was assigned the task to get this done. it's been 15 months. look -- >> right. but you tried to come up with a plan to keep our elections safer the next time around. >> cuomo, here's what i say. let the investigation go where the investigation and the time. it is more important that we be careful and instead of hurried because this is about undermining our fundamental democracy. how it is we elect those that lead our country. i think let's give it time. as you said earlier, i mean, my friend trey gowdy, two years. they spent more time than that

investing hillary clinton. i remember i was in congress 26 years ago, more like 20 years ago when they began the investigation into clinton. that thing went on year after year after year. look, let's get to the bottom, and let's get the facts. what's the rush? the rush is this. they want to fire the deputy attorney general of the united states so they can put somebody else in their place so that person can fire mueller, and that is really dangerous to our democracy. we should all be gathering together and saying let's find out who tried to corrupt our electoral system and put them in jail. and let's remember, unlike what my republican colleagues said today, there is meat on the bones. there have been indictments. there have been at least five guilty pleas. let's let this go and let an experienced prosecutor, experienced former head of the fbi, mueller take the investigation to where it needs. what's the rush? the rush is let's end the

investigation. >> let me ask you something in terms of what this means for the business of the american people getting done. is it just between now and the midterms, is there just no chance that anything meaningful gets done on a bipartisan basis that might make people's lives better? >> look, today's hearing was called by the republicans. it was an emergency hearing. what was the emergency of having today's hearing? the emergency of today's hearing is they didn't want to go on recess without giving one more stab at -- >> i get what they're doing. i'm just saying what's the answer to my question? >> the answer to your question is that elections have consequences. and today hundreds of women, i believe many of whom immigration wasn't that big an issue for, right, are today getting involved and today in acts of civil disobedience said enough of the treatment of children and separation of those coming. elections have consequences. people are organizing and registering. there's an election in november,

and guess what, until then, i think you're going to see much of what is going to continue to happen. because cuomo, how do i work with somebody who says i'm going to be as mean, as vicious, as nasty and cruel to immigrants as possible as an election strategy to get myself reelected to congress and work with me in a bobb bipartisan manner? i can't do that. i'm going to stand up for the children and we cannot rest until every child is returned to their parent. >> all right. congressman ambiguigutierrez, tu for coming. we're going to turn to another lawmaker who says he's going to do everything she can to block the supreme court nominee by president trump. what does that mean? >> senator, thank you for joining us. >> thank you. >> you know the news, we're finding out why this shooter killed these people and hurt more in the building where the "capital gazette" is.

we're light on details. but it does raise the issue of here's another one. are you aware of anything on the federal level that is being done actively to deal with the issues that seem to invariably surround these shootings? we know what the states are doing. but on the federal level, is there anything to give any hope for any kind of momentum? >> well, congress is certainly broke and has done nothing to end gun crime. i have hope. i believe the fact that this movement has become more led by kids, led my students that it's intersectional. it applies to all communities and all kinds of gun violence. that momentum that's being created by the kids marching out of school, and on washington is making a difference. to have young women call bs on every excuse every congress member has given to her. to someone stand up to rubio and say stop taking money from nra, that's going to change things.

it's going to happen in red and blue and purple states. i am optimistic that when we flip the house and possibly the senate, our first vote can be on common sense gun reform. have a universal background check system. and have the investments in mental health that have been needed for a very long time. i think that's all possible. especially if we can flip the house and senate. >> let's talk about the big news from yesterday which is going to reverberate for days, weeks and years to come. justice anthony kennedy is stepping down. that means that president trump will wind up having a big mark next to his name in the history books. not for what he says. not for any of his political policies, but he's going to put at least two conservative judges on this court. do you believe democrats can do anything to stop a vote before the election? >> i do. and democrats can stop a vote before the election if people

all across america speak out and demand it and protest and march, and are really active in voicing their views. what this president has promised to do, he said he would try to overturn roe v. wade. he said they would do it automatically, quote, unquote. he has listed 25 judges, all of whom he believes will overturn roe v. wade roe v. wade. so women's rights are on the chopping block. >> what you're going to hear from the right is the same thing we often here from the left when it comes time to pick a judge. i want somebody who looks at the fact and the law and doesn't bring anything personal or partisan. you know whoever the nominee is is going to say exactly that. they may even said what john roberts said when he was being put through the confirmation process. would that be enough to relay your concerns? >> i don't think that's going to happen. the president's told us it's not going to happen. president trump said i'm going to pick from this list of 25. and that my goal in any one of

the justices is to overturn roe v. wade. he made it clear who he was going to choose and why. to think you're going to have a normal process under this president who hasn't done anything normally at all, i think it's not -- it's not a smart bet. the truth is he's not going to do it. he's going to pick -- >> gorsuch talked that talk. >> and nobody believed him. no one believed him. >> still got the votes. >> he didn't get a vote from one democrat. and i believe now that we've seen what gorsuch has done in the court, he's undermined women's rights and union rights and civil rights in this country, i don't think people are going to trust that president trump isn't going to do what he said he was going to do. >> are you right that he didn't get one vote? didn't he get three? >> he got no democratic votes. he did not. they stood strong and passed it with republican votes. >> oh. i thought he got three, by the way. >> you might be right, chris,

but i believe this democratic caucus will stand together. you're really deciding whether or not you value women and you want them to have basic civil rights and civil liberties -- >> it does raise a good issue. you have people who are vulnerable in some red states. i was laying it out for the audience last night. the democrats have to make sure they have all their own on board first. you have people vulnerable, and they may see this in terms of a survival mode for them. to go along with the president. what do you say to those presidents? >> i think this is a survival issue for women. i don't know how much you know about maternal mortality, but women in america, if you are young, if you are raped, you are 12 years old and forced to bring a pregnancy to term, that creates so much problem for that patient. whether she survived childbirth or not, i don't know. telling women they have to carry children to full term in all circumstances, i don't think that is what this country believes in. they believe that women are smart enough and capable enough

to make their own moral choices, their own health care choices. when you're trying to say the politicians in washington and the president of the united states should make that decision for you, i think they're going to disagree. >> so senator jilet's talk abou elections. in your home state, you have a big development in the congressional primary. a newcomer. a 28-year-old puerto rican, alexandria ocasio-cortez. she won against a ten-term congressman, joe crowley. she had words for you. she put out a tweet about it. disappointing that she didn't even bother to talk more consider me before endorsing. you'd think a progressive leader would at least be interested in how a no corporate money bronx person progressed on progressive issues. >> the issues she ran on are fantastic issues. i supported joe because he's my

friend, and because of his leadership. we passed a health bill. i was going to support him regardless of how great she is. it doesn't mean i can't be excited for her election and what she's actually going to do. i think she's going to shake up congress. i think she's going to make a difference. i think this country is yearning for young women voices. she's going to make a difference. that's good for america and new york and democracy. >> you know, it gets tricky. crowley is your friend, but you believe in her positions but you didn't endorse. this is kind of what you're seeing within your party in figuring out who do you guys want to get behind? if you had to do it over again, would you back her? >> no, joe and i worked together for a decade. he earned my vote. but it doesn't mean that alexandria is not going to come to washington and make a difference. >> she's also gom some positions even to the left of bernie sanders. she wants to get rid of i.c.e. what are you going to do with your party if you do come into a

majority and you have a significant number, or at least an influence of people who have that kind of a position? >> well, i agree with it. i don't think ice today is working as intended. >> you think you should get rid of the agency? >> i believe that it has become a deportation force. and i think you should separate out the criminal justice from the immigration issues. and i think you should reimagine. it c.e. under a new agency with a very different mission and take those two missions out. so we believe that we should protect families that need our help and that is not what i.c.e. is doing today. that's why i believe you should get rid of it, start over, reimagine it, and build something that actually works. >> we know you have a busy schedule. appreciate it. don lemon is standing by with a preview of cnn tonight" minutes away. if democrats want to stop the vote, the to make sure they have

their full complement and two of three democrats voted for gorsuch. and two of the three are in tough races. >> i'm going to take you from one senator to another one. it's believed they don't have many options. except cory booker says yes, there is one option, another option. he doesn't believe this president should be able to pick a supreme court justice because he is under investigation and he is concerned that he will pick someone who protects him. him meaning the president. the other thing is cold civil war, constitutional crisis, right? those are big terms. well, carl bernstein said if we're not in it now, he believes it's imminent. >> provocative stuff. i will be watching as always. thanks, my friend.

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>> we don't know why this gunman decided murder was his only option but police say it was specific. maybe it had something to do with mental illness or personal issues or combination. who knows. but what we do know for sure is it's another example of a gun violence pandemic that our society is maddening willing to accept. it is a fact that there has been no meaningful legislation in congress to stop the shootings. so more dead. more lives shattered, more proof that we have a problem. also more reason to do something to stop the damn shootings. now the shooting taken together with the kids stranded at the border and the political punch fest that we're suffering, all lead us to the same problem. those kids torn from parents,

dumped all over the country, the harshness of that move, the lies about fixing it, the slow fade of interest in our society about it. the empty calls for civility. why empty? because they're mostly made for those who decidedly uncivil. yeah, i'm talking about the president. those around him who excuse and empower his talk. his immediate friends that echo and reward it. the idea of suggesting today that this shooting is to be blamed on the left is as baseless, unproductive and frankly stupid as it is to point to the other side. and this guidance goes for those who oppose trump as well. those who believe fighting fire with fire is their best response. it's all symptomatic of the same problem, of us feeding the wrong wolf. what am i talking about? google the story of the two wolves. short version. grandpa says to grandson, there's a fight inside me. two wolves raging inside. one is anger, envy, ego,

basically all the deadly sins for your christians. the other wolf is truth, love, peace, compassion. they're both trying to dominate me. the boy says, which one wins? the old man says, the one you feed. i'm not pitching you some weak, passive or polyanna parable. that's not me. but i've lied the thunderdome of our political krus bell more than many. i was traveled to more mass shootings than most. and to madness, war, and murder all around this world. i know this story teaches the right lesson. i have never seen anger or animous lead to anything but more of the same. anger is not the ant dote to anger. truth and a righteous passion are.

you don't have to love or even respect your opponent, but you must respect yourself and the stakes enough to not resemble what you oppose. feed the right wolf. that's all i've got for you tonight. thank you for watching. "cnn tonight" with don lemon is going to start right now. i know you know that story, don. i just feel tonight it fits. >> yeah, it does. and it's a very powerful message. i have a 10:15 press conference we're just being told. have a good evening. see you tomorrow, sir. the latest mass shooting in america, this time in the news room of "the capital gazelle" in annapolis, maryland. we're expecting to hear from law enforcement within minutes. i just mentioned in a few minutes from now, we're going to bring that to you live. here's what we know right now. five people are dead, two injured, the suspect in custody tonight. law enforcement sources