ceremony in the senator will lie in state in members of the public can pay respects. former vice president joe biden said about about his friend and colleague. he considered a brother. we shall not see his like again. the news continues. i'll hand it over to chris and cuomo "prime time." >> welcome to "prime time." all the stuff. remember that line from the secret michael cohen tape? what is said on the tape is taking on new significance. as part of the proof that trump was trying to buy a lot more than you know about. until tonight. those hush money payments that michael avenatti is trying to get him to testify about under oath. he's here to argue what this new information could mean to the case. and others. senator mccain as you heard returned to the capitol for the final time after a day of deep tribute from political friend

and foes alike. then, the president weighed in. not too long ago and things went sideways. i'll take you through the highs and the lows. and the latest target in trumps immigration fight is legal u.s. citizens. americans are getting passports denied or taken at the border. is that legal? it's that time. let's get after it. so, turns out that president trump and his lawyer michael cohen were trying to buy a lot more than just one play mates story. or two. or three. the "new york times" is reporting the plan was about decades of dirt, held in trust by the national enquirer parent company. now if it sound likely to you that maybe because you heard cohen and trump discussing exactly that on this show for the first time.

>> i need to open up a company. for the transfer of all the information regarding our friend david. yes. and it's all the stuff. because you never know correct. >> david pecker. the company national enquirer. all the stuff. what are the implications? let's bring in the attorney for stormy daniels. michael avenatti. good to have you. >> good to be here. >> let's start. to your case, hearing there's more stuff. what does this do in terms of your chances of getting your day in front of the president? >> it increases our chances. those chances have risen significantly over the last eight or nine days. every 24, 48 hours the chance goes up. we'll get a deposition of donald trump in my opinion it's not a

question of if. it's a question of when. we'll get a deposition from michael cohen. and both of them will be have to answer some questions that i'll asking each of them relating to what happened in connection with with the payments. what evidence exists. what we have heard thus far are general statements from michael cohen. but we'll get into

first time the donald trump and michael cohen came up with the idea. probably one in many instances of them engaging in similar conduct. >> then you get the larger implication of could this mean anything to other investigations on the federal level or muellers probe. the president said to bloom burg he doesn't care about the probe. because it's illegal. does he have standing there?

an illegal probe. >> no. it's not illegal. this is more of the fallacy the make believe universe that the president likes to craft. and likes to believe he operates in. this is not going to last forever. when the facts and the evidence are laid bear for the american people, they will decide whether you're on the right, left or center. what happens to donald trump. and it's going to be very difficult to argue with the facts in the evidence. these claims of the president of fake news and doctoring the tape by nbc and all the other non-sense. it will be difficult for donald trump to counter the testimony that i believe michael cohen will provide. and others are going to provide. >> arguing against you in court. saying the lester holt thing was bad for him not me. not so compelling. in public opinion let's say mullers report comes out.

it's about political implications. the president made another statement today. where he said can't impeach me, the standards is too high. i'm doing a good job. and it means every time the out party doesn't like the sitting president they can impeach them. is it that simple? and his base will hold true to him. ultimately this won't mean anything dire for donald trump. >> i don't believe that, chris. if you look back in the the 1980s there was a time period where john gotty was called the teflon don. many people believe he would never be convicted and never be held accountable for conduct. guess what, he died in a federal prison. and he was the teflon don up until the day he wasn't. nothing lasts forever. i don't believe that this president's con job of his base is going to last forever.

again i think the facts and the evidence -- it may take a while. eventually the facts and evidence will rule the day. >> you said to me when we were doing the first flush of cohen plea agreement drama. about what he pled to. there was so much attention for good reason about the campaign finance violation. you said tax evasion. tax evasion is what gets people. it gets mobsters and white collar controls. how did they book the money that cohen got back that they call legal fees and that is something that has to be looked at. tax evasion could mean more. even in a political setting than campaign situation. >> 100%. go back to the days of al ka poen. they didn't get him for murder or ordering hits. they got him on tax evasion. >>ed letter. that his lawyer sent. making a mistake and sending the

information to the government. >> absolutely. correct. you look at michael cohen plea last week. look at the immunity given. none of this looks good for donald trump. >> and of course taxes. i don't know anything about them. the president won't release them. mueller could get the taxes more easily than the press can. appreciate the brain. he tells us the president does that the economy is has never been better. he said it again a an hour again. why is it president about to completely stiff his own federal workers? his reason, serious economic conditions. this is furrowed brow signaling potential bs. what's really at play. next. -here comes the rain.

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all right the president announced today he's cancelling pay raises for federal employees. this is a big deal. he then wrote a letter to congress telling the congressional leaders that the planned increase is inappropriate adding quote we must maintain efforts to president our nation on a fiscally sustainable course. and federal agency budgets cannot sustain such increase. now, what is this about?

choosing winners and losers. trump and company know they'll get hit for this. especially after laring onto the deficit and national debt with fat cat tax cuts. not to mention under cutting his argument her here about stainability of payroll. bragging about the economy like he did not long ago. >> it's interesting we have the strongest economy in the history of the nation. the economy is blazing. we're on track to hit the highest annual average growth rate in over 13 years. we have the best numbers setting records in every respect. our economy is booming. jobs are pouring back into the country. no president has had this economy. >> the economy is great. i can't sustain any payroll increases. how do those go together? two things. first the truth is a strong economy usually drives more tax revenue. but because of the president's

in balance tax cut. right now he's not going get more revenue for the government. he has to offset the difference that he's chosen, his choice. he's chosen to do that by stiffing employees. some will argue, those employees make too much. this is about leaning out the elite. that is bs. there are 2.8 million federal workers. they make on average $76,000 a year. that's about $213 billion annually that the government has to come up with. the proposed raise was 2.1%. that doesn't even make up for the impact of inflation. the president's tax cuts alone add about $1 trillion in debt over ten years. so, $1 trillion, that means i have less revenue. you'll gyp the workers. do it somewhere else.

idea? $12 billion the bail out for farmers. they didn't need that. they only needed it you only did to back fill the problem that you created with the trade with china. that's hurting the homeland. that's where the 12 billion had to go. it wasn't necessary. here's good news. federal workers don't have to dispair yet. congress has the power of the purse. congress can over rule the president. the senate passed a 1.9% raise. now that's not 2.1%. and the house didn't take it up. but elections are coming. and when you're talking about people's pay, that can get people to the poll. ha may promote action from congress. bottom line on this, this is not about need. it's not about stainability. it's about wants for the

president. about choices. and he's choosing to reward investors like him and not paycheck people. like the families across the country that voted for him. now, despite what we proved for you here by fact. there is someone arguing that african americans will never do better even with all the cuts. than under president trump. the man arguing that is kanye west. that is the premise for a great debate. next. what do you mean it's not working out, craig? i just introduced you to my parents. psst! craig and sheila broke up. what, really? craig and shelia broke up!? no, craig!? what happened? i don't know. is she okay? ♪ craig and sheila broke up! craig and sheila!? ♪ as long as office gossip travels fast, you can count on geico saving folks money.

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senator john mccain. the maverick the hero. the navy pilot. the war hero. he's completed his final flight. his casket arrived in maryland a short time ago after a memorial service in arizona. his widow escorted by defense secretary james mattis. his daughter, meghan. of course this is so difficult for his family. we have seen them weep over the

loss of the father. as that casket came off the plane. senators and troops line up to pay respects, we have a new headline from the president. when trump was asked if he made a mistake on how to respond to the senators death. he said no. i have done everything they requested and i haven't at all. more to the point he said he didn't miss a chance to unite the country. really? that is the premise for a great debate. let's bring in nina turner and k ken. >> call him the petty president. in chief. he never misses an opportunity to be petty. and senator mccain was a war hero, he served in the senate. people may not agree with his policies. i didn't. but this is not the time to argue the senators policies. when he has just died.

it is the time for the president of the united states to be a diplomat and not continue to fight senator mccain even in death. you have veterans and organizations asking the president to continue to have the flag half staff. he refused. the next day instead of keeping it there until the senator was buried. he missed a great opportunity to try to unite the country. there's no surprise there when it comes to president trump. >> ken, you're a republican. who do you think would have been a better president? mccain or obama? >> john mccain. >> the president couldn't answer that today. >> we would have been in wars all over the world. but. >> his arch nemesis of barack obama. asked that question today. the day the senator of his own party was lying in repose. and being memorialized. he couldn't answer that

question. petty or principle? >> yeah, i don't know that -- donald trump ran for president as a practicalist. i don't know that he is ascribes to that and endorsed mccain in the last election in 2016 against a conservative. he expected to had build a relationship off that. that didn't happen. mccain was of course one of his most critical people in the republican party. and but at the same time, look the notion that there was some opportunity to unite the country here is really quite silly. and when veterans organizations did does ask the white house at half staff that's why they did it. >> why'd they have to ask? they could have done it without being asked.

and come out and said to people, mccain and i had differences. that's about politics not people. he was a great american. he will be missed. he will be remembered and i wish him and his family well. that's it. not only -- >> as soon as john died. the way he usually does. >> not the way he did. when the. >> what's enough chris? what's enough? >> more. the basic standard of decency. >> he doesn't get rewarded for this. >> i'm coming back to you. >> make your point. >> the veteran organization shouldn't have had to ask the president of the united states to be decent. what other president has had to be asked to be decent? he is still upset with senator mccain over the affordable care

act. because he didn't give hip the vote he needed to repeal it. petty president even in the death of a war hero. and a senator who as you said he may not have agreed with him politically. it's time to put aside the politics and allow the family to grieve and show he can be a diplomat in the death. he couldn't do that. it was too much to ask. >> instead you don't hear that. i want to tee it up. you say, he was dammed if he did or didn't. that's not true. go ahead. >> look, he did say he did speak to the senators honorable service. he offer condolences to the family. the question isn't he's been disrespecting mccain. it's what he heard. he didn't do enough or fast enough. when the veterans groups came back to him, he responded to that request. is it how you would have done or i? no. is it how previous presidents

have done it? no. look, this guy wasn't hired because he was going to lead the way in knightly behavior. with a k. he was elected just to get things done. he doesn't do the niceties well. he doesn't do them gently. this is an example. he does get the basics you're talking about the taxes earlier. you can argue about whether that should have happened, whether he should be cutting federal salary. but those things get things done that matter to america. i don't think anybody will see donald trump as a uniter. and i don't think posing this as a lost opportunity for unity is -- >> it feels like it is. tens of thousands of people for federal government will be affected by this. they will care. i have another topic.

this comes to you first. kanye west says that donald trump wants to be the best president ever for african americans. >> i feel that he cares about the way black people feel about him. he wants to be the greatest president. and he knows that he can't be the greatest president without the acceptance of the black community. >> trump says look at the economy. i have helped the blacks more than obama. your take? >> not true. kanye has a right to his opinion. i'll put that there. we know that his press secretary got the in yonumbers wrong. 700,000 jobs under the president. they compared to president obama. we know over the course of obama's presidency it was 2.8 million. after the president inherited one of the worst recessions in

modern history. this president doesn't respect the african american community. every time they throw up the numbers to substitute for the way this president actually feels. he led the birther movement. to say president obama was not born in the country. and therefore not legitimate. he has a hud director in ben carson that is not upholding fair housing laws. they are pushing more war on drugs back taking away what president obama fought to do. voting rights. you name it this president calling african americans congresswoman waters a low iq. talking against black folks who express themselves in the country. calling am row sa a dog. that doesn't sound like the central park five. on and on. this president cannot substitute employment rates with his lack of respect for the african american community. and on top of that, to know that the job quality in this country,

unemployment rate maybe low. the but the quality is not there. salaries and wages are not keeping up with inflation. the point you made about the tax cut, 83% of the tax cuts represent 1% in the country. not the every day working people. which the african american community is part of. >> ken. >> yeah, the where everyone benefits from tax cuts in the regulation is when you get economies growing over 4% like it is in the last quarter. that's where all boats rise. i care about the criminal justice reform. which has been something focussed on by a large number of members of the leadership of the black community for years. president obama did nothing but talk about it. and this white house is sheparded a criminal justice reform bill. they seem to have a deal in the

senate. in 25 years a criminal justice reform at the federal level. that will be because the white house sheparded it through the house and the senate. and delivers on a promise that the last president only used to divide and -- >> let's see what's in the bill. there's something else here. you made the point before. being president is about what you say to a large extent. if you can pass policy that's good. when it comes to race ask people what you say matters. if you ask african americans if you get an extra $5,000 in your pocket is it okay if somebody calls you a dog? or gets shot by a cop and everybody blames you for it? if you protest we'll talk about you differently. and single you out. is it okay? you have money in your pocket.

>> chris, whatever elements work in to it, in polls repeatedly by different organizations, president trump has a higher favor blt rating than republican predecessors of his. >>less than three in ten. >> i understand that. >> how much lower can you go? >> 29% is better than george bush. better than his father. >> we have a poll here. the in your opinions are all bad. 85 to nine. from kanye. trump cares about how black people feel. the approval rating among black voters. this is the most recent take. august 9. feeling good about that. >> i wouldn't say i feel good about it. i put a lot of effort in to this subject. and criminal justice reform and building relations.

29% favorability. >> fair point. >> that's where they live most of the time is prison. hay care about education. and the economy. and the environment and other things. because they have a -- >> wait a minute. >> they are unfairly represented in the criminal justice system. that's not the only way you get the black vote. you know what i mean? >> of course not. >> all right. >> lower unemployment rates. economy opportunities. >> you say the right things. treat them as what they're supposed to be. >> respect the leader. >> that does help. >> that's the start. that's more than starting point to show you respect the community. he hasn't shown that. at all. >> i respect both of you for coming here to make the case. i wish you a very happy labor day weekend.

thank you. all right. when the president world, nothing you see or hear should be believed. right? now there's an addendum. that includes what the president tells you himself on tape. he's trying to blame the press for one of his infamous damming admissions that could come back to haunt him. what is this about? insight, next. when you rent from national... it's kind of like playing your own version of best ball. because here, you can choose any car in the aisle, even if it's a better car class than the one you reserved. so no matter what, you're guaranteed to have a perfect drive. [laughter] (vo) go national. go like a pro. see what i did there?

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welcome back the the president said he can't state strongly enough how dishonest and enemyish the media is. certainly cnn and nbc in his cross hairs. i would say don't be so hard on himself. you don't have any of the facts right. he seems to be hoping that the faithful will believe he didn't say what he did say to lester holt. who the president now claims was caught fudging his tape. on russia. to me, i have to be honest. this defies reason. it makes sense to the president.

let's get someone who understands him better than i do. a former aid to the trump presidential campaign. what is the play here? >> first of all i'm not sure i understand the president better than you do. i appreciate. >> you better. >> i'll tell you. i rewatched that interview in preparation for the sit down. i think what i know what the president is talking about here. if you watch the totality of the interview it was different from the sound bite that everybody marketed after the interview took place. he went from talking about always planning on firing comey. to talk about how he thinks about russia. that became a predicate for the discussion about how he fired comey over the russia investigation. two minutes lair in the interview he went on for a

minute plus about how he wanted the investigation to go forward. and how anybody if anybody in the campaign was doing something wrong they should be punished for it. i think the totality of the interview is really where his mind was. the sound bite marketed really was a predicate for a lot of bad things to come. >> a couple poinlts. they are different subjects. why he fired comey and the mueller investigation. second of all he said it. the story that the white house put out was him firing comey had nothing to do with russia. and he said the opposite. yes, you're right. the totality of the interview there is double speak. that doesn't take away his accountability for contradicting himself. fudging the tame. >> it is holt is and his team and every media organization used that brief sound bite. out of context. >> it's not out of context. that's what i'm arguing. >> i understand. i think the president is looking

at the message of the interview. he was very firm on how the investigation should go forward. and yet the sound bite that was used was used to out line and predicate that the president fired comey over the russia investigation. >> which is what he said. >> it wasn't an honest assessment. >> he never said after wards -- he never until now said after that interview he talked about it a lot. did he say where it says i fired him because of russia. i didn't mean that. that's out of context. why not? >> right. i have to tell you, my family and i look back on the interview. the time frame from firing comey to getting a special counsel. which is put my family in so many others in harms way. i really regret that interview. my wife and in particular rm regrets it. it was taken out of context. the interview was more honest. i really wish he had never done

it. so much came out of that this was really bad. i think that's why he's looking bag on it now. he's starting to look at whether he'll sit down and talk to the special counsel and etc. and looking at the predicate of this. if you do the ancestry.com of the mueller investigation. that interview is the grandfather of it. >> it was going on long before that. to be fair to the audience we're talking about. >> not the mueller investigation. they appointed the special counsel shortly there after. >> obviously it didn't start right then. also let's be fair. this is the excerpt the president is talking about. >> regardless of recommendation i was going to fire comey. knowing there was no good time to do it. and in fact when i decided to do it i said to myself, this russia

thing with trump and russia is a made up story. it's an excuse by the democrats for having lost an election. that they should have won. >> because you said -- >> fast forward that a minute and 20 seconds. and play the part. >> the key part is lester said you said in the letter i accept the recommendation. so you already made the decision. he says yes. i was going to fire regardless of the recommendation. to remind people the whole reason we know the name rod rosenstein. he was brought in because sessions recused himself. and then rosenstein was used or whatever. he was assigned the task of coming up with the letter evaluating comey. in which he hammered comey and had tons of reasons why he should go. and gave trump great cover to get rid of comey. then he said this. i was going to fire regardless

of the recommendation. that's why we got a special counsel in large part. because rosenstein was like wow we can't be fair or investigate this. i need to have this be clean of conflict. i can't do it. i have to give it to somebody else. the gop loved in the form of bob muellerer. this is on the president. it hurt people like you. yes, it put stink on people like you. that's on him. not lester holt. >> i don't agree entirely. i think the lester holt interview maybe the grandfather of this investigation. you have that exchange about him and comey about tapes and notes. and that brought the things forward. comey himself said he released the notes in order to draw in a special counsel. and got what had wanted. this is back in the day when the communication operation was still in catching their feet. i believe the president never should have done the interview. i'm betting he are regrets it.

i believe the sound bite marketed widely was not a representation of the ha he truly said in the interview. i believe that's what hes referring to. he's talking about it now for the first time because these chickens are coming home to roost. he's thinking about the things he said that brought on this investigation. >> to be fair, this is not a man who waits for a ripe opportunity to say something. he counters immediately. he's about counter punching. he had plenty of time to say it. he never said it until now. thank you nor your take. you understand what he's thinking in this days better than i do. >> thanks. >> immigration update coming your way. the government is denying americans passports because they were born near the border. how is this happening? we'll talk to the head of the aclu. next. mom: okay we need to get all your school supplies today... school... grade... done.

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president of the aclu. she knows the deal. a decade ago her organization fought the sail fight against fight against the bush and obama administrations, was supposed to be over. thank you for being on prime-time. >> it's a pleasure. thank you for inviting me. >> appreciate it. so just to catch everybody up to speed. bush did it, obama did. mid wives, they thought that midwives were part of a scam to get people who aren't born in this country fake papers and get in here and you couldn't tell the difference. it was a problem. you got involved and said, you're making it too much of a problem, you're doing it unfairly, the process is onerous, it's got to be scaled back. you cut a deal in 2009. if so, what is happening now and do you believe it's breaking that deal? >> the deal we -- the settlement was with the state department at the time in 2009. and we did hope that would be the end of this arbitrary and discriminatory policy. at the time, we had done all the litigation, we had all the papers about what was happening. and hundreds, perhaps thousands of people were being targeted. as you say, you people of mexican ancestry, who had been born near the border, who had birth certificates.

and because it was possible that some of those birth certificates might not have been legitimate, the government was making people prove that their birth certificates were legitimate, which is virtually impossible. how do you prove that, especially since targeting midwives meant that it was people who were not born at a hospital, usually because they couldn't afford to be born in a hospital. and it was virtually impossible for them to prove. now, i have to say, there's a lot that we don't know yet about what the administration is actually doing now. they have not released numbers. we don't really know what their evidence is about particular birth certificates, so our lawyers are now exploring legal possibilities and doing a lot of investigation. but we're very disappointed. under the aclu, roger baldwin used to say, no civil liberties battle ever remains won. >> so let's do this, let's find out more. when you get the information, you let me know, you'll come back on and we'll go through it and we'll try to get someone from the administration. >> this is just the latest in the series of inhumane acts starting with the muslim ban and the mass deportations, but going after american citizens is a whole new level. >> someone who took on all of these fights for a very long time in your organization and

now sits in an esteemed position on the supreme court is rbg, known as ruth bader ginsburg. tell us what you'd like people to know about her. >> i've seen the documentary and it's just wonderful. and people in a broad audience are getting to see she's the hero that we have always known her to be. one thing ruth bader ginsburg said she turned to the aclu because of our broad human rights mission. and she loved the fact that we were fighting for equality for everybody. so i think it's important to know that she was not a single-issue person. you know, the film emphasizes her work on behalf of gender equality. ginsburg founded the women's rights project in 1972 and was there through 1980. and one of her successors, who was something of a baseball fan, refers to the women's rights project as the house that ruth built. i'm sure you know the reference. >> that is good! she looms large.

this will be a very different look at the justice than they've seen just from clips and views. i agree with you about that. miss herman, thank you very much. when you get more information on the situation at the border, come back and we'll keep the audience in the loop. >> delighted. >> you may discover the inspiring life and career of justice ruth bader ginsburg, "rbg," a cnn film, labor day, 9:00 p.m., of course here on cnn. now, of course, this weekend is a big deal, okay? a holiday weekend. it's a time to think about the work that lies ahead for all of us. i'm going to make a closing argument that's a little different. so i want you to hear it and then you judge it, okay? we'll be right back. if you have psoriasis, ... little things can be a big deal. that's why there's otezla. otezla is not a cream. it's a pill that treats moderate to severe plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla . it may cause severe diarrhea, nausea, or vomiting.

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labor day weekend's coming. first parade was right here in new york city in the early 1880s. it became a federal holiday in 1894. but here's the main factor for me on this occasion. we are all about hard work in this country. it has to be one of our top shared values, if you think about it. the desire to make your own way, to contribute to society, all of that, but deeper, still, americans just respect hard work in others and in defining ourselves, right? i mean, you work hard, hell, yes, great! we respect the grind in this country. we elevate the value to a virtue. from the deference to the thick. fingered grip of someone that you know works with their hands. to the person you know studies their butt off. the persistent effort of being in shape. the measure of success in sport.

we see in all aspects the demand of giving your all. the grind is the glory. i say that to my scrappy cpt team all the time. they roll their eyes. hashtag let's get after it is simply a call to work your hardest. no one will outwork this team, because we work for you. at home, impressing the requirement of hard work upon our kids is also hard work. the try to get them to try, even when they don't want to, especially when they don't want to. cha-cha asking me to hold her up on handstands. i said, i have to fight for yourself. she said, i have you for that. i said, work hard at it and you won't need me. mario wanted to quit on his jump shot. after several bricks, a swish and a smile. bella wanting to drop latin. no, you've got to grind. and later on when the effort starts to yield results, you see that glint of understanding in a gimlet eye. why am i reminding of this common fact? you know this. because this weekend, remember what we're really about. and i think if you do, you will

see the basis for optimism that we can work through the bigger challenges we face. because we grind. we try. we fail. we re-double effort in america. we work together in an emergency. we move mountains and raise millions and do what has to be done. it is who we are. left, right, and reasonable. rich and poor. color, creed, or other combination. and not just in emergencies. hard work wins elections, finds compromise, makes family, creates alliances, figures out policies. the struggle is real, my friends. and we are really at our best when we are in the struggle. and no doubt, we're in a struggle right now. so i wish you the best this we could. we thank you here at "cuomo prime time" for giving us a

chance to work hard for you. and i believe and argue to you, together, we can grind it out and find a better place on any issue and in any situation. so what do you say? let's get after it, but on tuesday, when i'm back. thank you for watching "cnn tonight." don lemon is going to take the show right now. >> i think nike should call you to write their next ad. >> it's a long ad. >> you're right. >> we grind, baby, we grind. >> i tell you every day how positive you are. you actually help me, because i can be a bit of a curmudgeon, sometimes. >> but you're a worker, too. you work for everything you got. >> absolutely. so do you. >> including that gut. >> including the times we go fishing and you catch nothing. i don't see you like -- >> had bad luck on the boat. >> thank you, chris. >> you are the man. i'll see you this weekend. >> i'll see you this weekend. >> have a good one. we'll have a good one together. this is "cnn tonight." i'm don lemon. president trump today doing what he does best. if you can use that word, the