the battalion and that henry is the last surviving member. after being modestly quiet about his world war ii experiences for decades, henley has now received accolades and medals, including the prestigious french legion of honor award. >> i thank god with all the accolades that are going around that he's alive to witness it. >> reporter: henry parem knows he was fortunate to survive d-day. >> were you afraid you were going to drown? >> no, because i prayed to the good lord to save me. >> did you know how to swim? >> no. >> reporter: despite the hardships before, during and after the war, private first-class parem is very grateful to have served. >> i did my duty. i did what i was supposed to do as an american. >> reporter: an american hero. gary tuchman, cnn, pittsburgh.

>> thank you, henry parem. the news continues. we'll hand it over to chris for "cuomo prime time." hey, chris. >> they are our best, they are the greatest and we will remember them tonight. jb, thank you for that story. i am chris cuomo. welcome to "prime time." it is starting to get real for joe biden. his rivals are coming after him over his previous support for a law that restricts access to abortion funding. and here's the thing, he says he still backs it. can he win the nomination with a stance like that? a new member of team biden is here to be tested. staggering new numbers at the border. we have not seen anything like this in seven years. do you care yet? there are still no solutions from the president, his party, which is finally second-guessing his harshness, nor from the democrats, who seem too content to sit back and watch. how many have to die before something gets done? plus, heartache and outrage aside, what is the legal case for putting that sheriff's

deputy in prison for life after he allegedly failed to stop the parkland shooter? busy night. what do you say? let's get after it. look, there is no arguing where joe biden is in the polls. he's trouncing the democratic field right now. and in fact, in the red state of texas, he leads president trump by four points in a new poll. he's the only democrat beating the president there. but tonight the former vp is facing backlash from abortion rights groups and many of his 2020 rivals for his support of what is called the hyde amendment. what does it do? it bans federal funds for abortion except in cases of rape, incest or if the mother's life is in danger. we have with us tonight congressman cedric richmond, who was named national co-chair for the biden campaign last week. congressman, it's good to have you. congratulations on the appointment. good luck with the campaign going forward. as i said to the campaign, i don't want to talk about you guys, i want to talk to you

guys, so thank you for coming on tonight. >> thanks for having me, chris. >> all right. help me make sense of this hyde situation. so he's on a rope line. he gets asked by somebody who says that they are a lawyer for the aclu about the hyde amendment and the former vp says this -- >> i'm an aclu rights for all voter, and i have one quick question for you, and that is will you commit to abolishing the hyde amendment which hurts poor women and -- >> yes. >> and women of color. >> yes. by the way, aclu member, i've got a near perfect voting record my entire career. >> i'm glad you did and i'm glad you said you would commit to abolishing the hyde amendment. >> right now. it can't stay. >> all right. but then. for the democrats, that's the right answer, right, cedric? it's probably your answer. but then the campaign puts this out. do we have the statement ready? all right. here it is. "he has not at this point changed his position on the hyde

amendment," meaning he stands by it. "the hyde amendment does not prevent organizations in the u.s. that provide life-saving health care services for women from receiving the federal funding they need." now, this is the thing, cedric, it's not about the health care cost, it's about money for reproductive services that you can't get, so it winds up being basically a tax and a restriction on people of lesser means. i do not need to tell you what the hyde amendment is or how it works. i know you know. explain these inconsistent positions to me. >> well, let me say this, and i don't think it's an inconsistent position. i think the vice president has been very consistent over his career in the senate since '76 when the hyde amendment became law. that he is a deeply religious man. i think everyone knows that. and he's guided by his faith. and his position on the hyde amendment has been consistent and i haven't talked to him

today, but i have not heard that it's changed. but what has been consistent over all the years is that he's a -- he's dogged and determined to make sure that roe v. wade stays the law of the land and women have access to make that decision. it's between a woman and her doctor. and he's been consistent on that. so i think that as we look around, so if we look at missouri, we look at ohio, we look at louisiana, we look at georgia, we look at all these states now that are challenging the sheer right of a woman to make her own reproductive choice, the right to an abortion, and you look at the supreme court and the fact that donald trump during the campaign said that women should be punished for having an abortion. >> yeah. >> right now the biggest threat is to access and the right to have an abortion, and the vice president -- >> that's the point of the hyde amendment. >> -- has always been clear on that. >> here's what i don't get. let's go through this step by step. i appreciate you doing this, cedric. the airwaves are filled with opinions of the vice president tonight.

it's important for his campaign to get out there. thank you for doing it. he's invited on the show whenever he wants to come on and answer the questions. it's an open invitation for everyone in the field. i hope you all know that. he's a catholic and that means he would have to be anti-choice on this. but if he's for roe v. wade, as you say, then he understands his role in a secular society, even though he is a man of faith. what i don't get is, how can he be for the hyde amendment if he's against restrictions to access? because that's exactly what it is. >> well, chris, i'll remind you that the hyde amendment has been there since 1976, but i will also go back to your first point about him being a man of faith and he's catholic and how does he reconcile it? he does not believe he should impart his catholic faith on people of other religions that are just as faithful, and he believes that roe vs. wade is the law of the land and it's constitutional and should be protected.

at the same time his record is clear he's fought for funding for planned parenthood, reproductive services, sex education, all of those things, and i think that this is just one area where i think he would explain it best in terms of how his faith guides him on -- >> i don't get it. >> -- on the funding, government funding of abortion. >> i don't get it. if he funds reproductive rights, that means he funds it with federal dollars. the hyde amendment restricts the federal dollars so you can't fund reproductive rights. i don't get it. i don't get the conflict with his faith. i don't get the difference between the hyde amendment and roe v. wade if it's a matter of faith and i don't get the funding argument if it's about access. >> i think you have to look at his record in totality, chris. he has always been for a woman's right to choose. he's always supported planned parenthood. he's always supported sex education. he's always supported those things. look, just for the record and to be very clear, no one's going

around and pushing people to have an abortion. i think if you look at his record in total you will see that he is a man who is committed to making sure -- his education plan just had pre-k. >> good. >> if you look at his equal pay for women, paid family leave, all of those things that support women so that they don't have to make that gut-wrenching choice. >> right. >> but he wants to make sure that the constitution protects women when they do make that choice. and the funding to it is an aspect of it, chris, and i think you're right, it is an aspect of it. but right now what we're fighting for is whether it's legal or illegal, and i think that that fight is so important right now that we have to concentrate on who the supreme court justices are going to be and what a presidential action will look like when it concerns protecting the very right to make that decision. >> i get it. it's just him saying that to that woman -- i said she was a lawyer for the aclu. i shouldn't have said that. she's a member of the aclu. he gave that answer, it can't

stand, it's got to go away and then the campaign came up with a different one. i don't understand it. i think it's something you guys have to flesh out. i'm not judging, i'm not criticizing, i'm testing and i appreciate you doing it. >> chris, let me say something on that. i've been on very small rope lines. there are not that many people that want to shake my hand and ask me questions when i do events. i've seen president obama, i've seen vice president biden do rope lines. a lot of types you can't hear the question exactly how it's framed, but his record on this has never wavered and i think that you will hear him address it more. so that's why i believe the campaign had to come out and make clear because what we don't want to do is mislead anybody. and i think that that's been joe's track record, to always be a man to stand up and own what he believes, and so we want to make sure that we did that. >> well, look, and, again, that's why this show is always available to clear the record. they're coming after him on this. they're coming after him on what

seemed to be that certain citations weren't made in the environmental plan. the campaign jumped on that grenade and said we did that, we fixed it. obviously biden is going to be vulnerable to plagiarism charges because of his past. so let's now go to what is haunting him to what is helping him. why do you people believe that this margin that you have right now in the polls is going to stand? >> well, hopefully it won't stand. hopefully it will grow. and that's our hope. >> good. good. a lot of people saying it will shrink. you're saying it will grow. good. why will it grow? >> well, because i think the more he's out there and the more he reveals his platform and the more he actually talks and people compare him to the other candidates, especially when people compare him to the current president, i think people will see a very clear choice. and so he has a body of work. so with a body of work you're going to get some criticism, but the one thing he does have is a body of accomplishments and a body of action.

so whether it was the bold climate revolution that he called for or his very progressive and bold education policy. i think that when people go back and look at his entire record and what he was able to do, especially during the eight years as vice president to president obama, i think that people will remember who he is, what he is, what he stands for and i think people will gravitate towards him. >> cedric, i appreciate you coming on. congressman, thank you for taking the opportunity. i meant what i said. you are always welcome here to discuss what matters to the american people as this campaign goes on. i promise you that. the show is going to be focused on policy and people all the way through. appreciate you doing this. >> thank you, chris, and keep up the good work. >> appreciate it, sir. all right. so, look, that's what elections are about, all right? you know, you're going to be tested on things. how do you deal with the inconsistencies? we'll do it here on this show and we'll do it with other issues. we can't let it go, trust me,

it's more important than it seems. this border situation. everyone's talking about the politics, tariffs, no tariffs, who likes them. forget about the tariffs. look at the terror on the front lines. the plight of the people down there is unlike anything we have seen for decades. no one is doing anything about the actual emergency. not our president. not his party. and not the democrats. they all know what i'm about to tell you when we come back after the break. the newest information. i want you to be the judge of who is doing what and why. next. i'm working to keep the fire going for another 150 years. ♪ for beauty that begins with nature. ♪ to make connections of a different kind. at adp we're designing a better way to work,

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cross in may. that's up 32% just in one month, may to april. most children and families. mostly children and families. not the marauding brown menace that sold the wall for the president. this is a crisis just the same and no one is doing anything. the president is attacking mexico. >> mexico can stop it. they have to stop it. otherwise we just won't be able to do business. it's a very simple thing. >> it's not simple. it's a huge task. mexico is relatively poor. it's understaffed. there is a trade deal in the balance right now. that means a lot of american consumers and jobs that could be affected by any tariffs. and here's the bigger question. how will they show progress? the white house upset republicans by only offering three vague areas that they want addressed and the reality is mexico has ratcheted up its own deportations, its cracked down on caravans and mexico has their

hands full with thousands living in border cities as they wait to hear about their u.s. asylum claims. there's no question mexico can do more, but the question is -- they should do more but can they? i've shown you the conditions. kids and families are living, i mean, just look at this. come on. those conditions have only gotten worse. tariffs don't address that. on top of the tariffs that the president is planning, there's more harshness. he's cutting legal aid, resource classes for these same kids, citing budget issues, but there's plenty of money found for the wall, including painting it, while these kids are living in squalor watching it be painted, figuratively. here at home democrats say all of this, puffery from potus. >> i don't think it rises to the level of policy. it's a distraction from the mueller report. >> i would urge him to consider a real solution to the border problem, not some fake solution that he and the mexicans announce and then it does

nothing. >> okay. let's assume everything they just said is true, but what are they doing? the kids are in crisis. they need a specific fix, not comprehensive reform, they need caregivers, they need case agents, they need accommodations or the men and women in charge on the border say horrible things are going to happen. so now there's a new wrinkle. the lack of republican fealty to the president. they fell in line for the wall and that fugazi national emergency, but they're balking at tariffs. >> this is the wrong solution. >> tariffs are a form of a tax. there's no doubt about that. >> i'm afraid it might endanger some american jobs. >> well, if you're worried about endangering, jobs is a legitimate concern. what about lives? why don't you work to find a way to help the kids? stem the crisis then move on to the rules. why don't they do something instead of just standing against anything getting done?

this is the reality. people are dying on our watch. these people are here. look at them. we can talk about stopping them from coming. we can talk about the rules. we can talk about everything. but not in a moment of crisis. what are you doing for caring for the kids in your care? the acting cbp commissioner said today the system is broken. tariffs don't do jack to deal with the immediate problem. both sides of congress -- this isn't some false equivalency, it's both sides. they prefer impasse to action here. and i can't get enough of you to feel the outrage that should come with knowing we will all be responsible for what may happen on our watch. so, let's debate this. is tariffs the best that we can do as a fix? why isn't either party doing what i am accusing them of not doing? maybe nobody will agree but it is the making, certainly, of a great debate with these two great debaters next.

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let's pause the internet on their devices. wohhh? huhhhh? [ grumbling ] all: sausages! mmm, mmmm. bon appetite. make time for what matters. pause your wifi with xfinity xfi and see the secret life of pets 2 in theaters. the latest numbers at the border show it is a flood, and it's a good start for a great debate. we got cenk uygur back on the show from the young turks and kaleigh mcenany. great to have you both. she represents the trump campaign of course. let me start with you, kaleigh. here's what i don't get. the analysis is this. the dam is breaking. the water is flooding through and the president is saying i'm going after that other country for not maintaining their side of the dam. not when the water is flooding through. help the kids.

give dhs what they need. do big policy later. why no emergency action? >> well, when the water's coming through, presumably you want to plug the leak, which means stopping the illegal immigrant flow across our southern border, but in terms of helping the kids, i spoke to you three weeks ago and pointed out that the president asked for $4.5 billion in humanitarian aid, one of the holdups of democrats who have yet to pass that is their concern about funding additional beds. so those images you showed of the children sleeping on the ground, which is tragic, none of us want to see that. go talk to the diplomats about -- democrats. why they don't want to fund more beds. >> there was a deal given to the republicans in the senate to add it to the relief bill. i'm not a big fan of attach ons, but sometimes in an emergency you got to accept things. the gop may have problems with the tariffs but they are not quick to help these kids. dhs has come up, cbp has begged them for money. they're not giving them any emergency measures either. the president could do it with an emergency declaration. he hasn't. why?

>> we put the money on the table. democrats are not coming to the to believe. >> chris, if you are so concerned about these children, i do believe that you are, you want to stop them from making a journey were 70% are victims of violence, 1/3 are the victims of assault. and just last week -- >> once they're here, it is your duty of care and we're breaching it. i got you on that. let me get to cenk. no, i'm kidding. look, we have this impasse on the tariffs. i get why people are pushing back on it in party and out of party, but what i don't get, cenk, is why democrats aren't taking the step into the void. if the democrat won't help the kids, we'll help the kids. here is money, dhs, for what you say you need to care for them. >> so, first of all, the democrats increased spending by $2.2 billion. trump says it's not enough. he wants another 1.9. remember, trump is also famous for diverting funds to his projects. there is also that to be concerned about. they did a comprehensive bill, increased the funding for dhs

and on top of that said, hey, let's get the dreamers and people that are refugees some protections. a lot of republicans pretended they were for the dreamers, they're not. they pretended they were for legal immigration, they're not. now they say family immigration is chain migration. they're never honest about any of it. the republicans always say no. the dreamers should have been dealt with a decade about but the republicans say no, no, no, we don't believe in those kids. >> i'll give you the dreamers. i'll go back to kayleigh on that. but on the money, they spent it. the 500 million they got, they spent it. now you can have dhs account for it, cbp, they should all have to account, but in an emergency situation, i would expect emergency action. the democrats can point to the emergency declaration of the president and say why aren't you using it? why are you using the money to paint the fence while these kids are in squalor, but they're not loosening any purse strings themselves. right move? >> yeah, listen, if you're going to say we're definitely going to make sure the money goes to the kids, i'm in favor of that.

trump never does that. he puts them in cages and diverts money into the wall, et cetera. chris, why do we have this problem in the first place? trump said he was going to stop the flow of migration. it's gone up 32% in the last month and the most we've had, both legal and illegal in 13 years. so, kayleigh, i put it to you, isn't donald trump a giant failure on his signature issue? in fact, it's almost inarguable. >> no, he's not a giant failure. first, i want to correct your fallacy that he puts kids in cages. a lot of those pictures were from the obama administration. so nice try. doesn't work. we have a crisis on our hands. do you acknowledge that at least, cenk? you have a crisis -- when you have 1 million people >> kayleigh. >> more than the population of miami and atlanta. do you at least acknowledge that that's a crisis? >> so, kayleigh, who is in charge? do you know who the president is? >> sure. president trump. >> hold on, kayleigh -- >> one at a time. one at a time. let cenk answer.

>> okay, look, under obama we had less undocumented immigrants than we do under trump. trump said, oh, i'm going to get tough and i'm such a tough guy and i'm going to separate the families and put the kids in this place and the parents and the moms in the other place. i'm so tough. what do we have? more undocumented immigrants, not less. it's a 13-year record. he's a miserable failure on this issue. so if they voted for him thinking he was going to stop undocumented immigrants, he didn't even do that. now we have an absolute disaster on our hands. >> cenk -- >> he doesn't know how to address the core issue, why are they coming in the first place? you just think if you punch them in the face that they're going to go away. >> kayleigh, go ahead. respond. >> cenk, we have seen a steady incline in illegal immigration, starting under the obama administration and continuing to now. the only person who has taken any interest in stopping this in the last four decades is president trump. who secured money for 450 million miles of the wall. >> did it work? >> excuse me -- excuse me?

did it work? it's going to work. it's going to be built. the 450 miles by the end of next year. >> any day now. >> we just got the funding for this. what have you done? >> zero chance it's built by next year. don't give yourself a deadline you're not going to meet. your problem, kayleigh, is it wasn't the right fix for the problem. i'm not against physical barriers. i certainly don't think they're immoral. but it wasn't the priority. it's not about the brown menace. they are majority kids and families. it's not a fence is a fix away. >> yeah, but it's dangerous for the kids. just last week we had a 6-month-old -- >> it is dangerous. >> child taken across the rio grande river by a 55-year-old man who is not her father. why? because we have the tvpra which incentivizes crossing with a child -- you are allowed to stay in the country. >> that is a rule change that should be addressed. >> no, kayleigh. >> cenk, do you care about the 70,000 americans who die of drug overdose, much of with crosses our southern border. >> it comes through the ports of

entry. >> outside the ports of entry. >> let me address those things. first of all, on the drug overdoses, it's largely oxycontin and heroin that is causing it. those are giant drug companies giving donald trump tons of money to pretend it's mexicans that are the problem when it's people in suits who pay off republican party one day after another after another and they make billions -- >> and national criminal gangs. >> and you know that. >> don't play dumb and act like you don't know drugs come across our southern border. >> in terms of the kids coming from guatemala, et cetera, think about those parents, how desperate they have to be to put those kids on that perilous track and they do it anyway because the conditions are such deplorable situations. >> guess who else does it? smugglers. >> our stupid drug war that created total chaos in those latin american countries and that's a complete and utter failure. that's also on you. >> all right. let's end it there right now. here's all we know, okay?

there are good fights to be had here but there is one obvious problem that still isn't being addressed. you know who knows this better than anyone? the people running cbp and dhs. if the people in congress listen to them, they're going to do more than they're doing now. well-argued. thank you. >> thank you, chris. rot in hell. that's the message. you'll never hear it from me, but you're hearing it from the father of a victim of the parkland school shooting. he's not talking about the gunman. he's so angry at the sheriff's deputy facing felony charges, because this parent believes he did nothing to stop the killer and that was his job. so here are the issues. does the law give prosecutors the right to put a first responder behind bars for negligence of duty? if they have the right, is it the right thing to do? cuomo's court is in session next. tough debate. let's see, aleve is proven better on pain

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we saw those who lost family in the parkland school shooting reacting with raw emotion to the word that the school's resource officer will be charged with me neglect.

>> he needs to go to jail and he needs to serve a lifetime in prison. >> he deserves to rot. he is -- he is responsible in large part for why my daughter is gone. >> now, nobody has the right to judge how they feel. period. however, we must take a look at the right to prosecute and whether it is the right thing to do. so let's talk about that. two great perspectives. joey jackson with the law. jimmy gagliano with law enforcement. gentlemen, thank you. the law. what is the case? >> well, the law is this. first of all, you have to be sympathetic to these families. the fact is is that as a parent i can't say that i would feel, you know, not like they do. the fact is is that there are 17 kids who died here. there are 17 who were injured. so it's a visceral reaction. you see it. at the same time, in looking from a legal perspective, i think the one viable charge is the perjury charge. in the event that you write a report, in the event that you are asked the question, you're honest about it. you don't say you heard two shots when there are multiple

shots and it can be established you knew there were multiple shots. so therefore, i think there is accountability there. on the issue relating to the child endangerment charges or the child abuse charges. hooer -- here's the problem. under the law you have to be a caregiver. the caregiver statute does not speak to law enforcement -- in fact, it does and it exempts them. therefore, i don't think from a legal perspective you can charge them on that crime, purely on the law. while you might want to charge and say, look, he did a terrible thing by being inactive, by staying there, i don't think you can do it. last point, chris. it's something called the constitution. 30 years ago the supreme court answered a very important question, and that is do police officers have a constitutional duty to protect us? you might think the answer is, yes, of course they do. they're police officers. the answer is no. that was reaffirmed in 2005, justice scalia deciding. therefore from a legal perspective where the constitution says, you know what, constitutionally no duty to protect. that's a problem.

and the last point is is it sets a dangerous precedent. in as much as are you going to look for officers around the country and charge them with inactivity? >> but, jimmy, somebody who was in law enforcement and understands this, that's the guy's job. >> yeah. >> is to go in and protect the kids. this is why we heroize first responders. i mean, you are one, but you guys do things that people like me and joey probably wouldn't do. >> yeah. >> and you are paid for it in this man's case. so what's your policy argument? >> joey makes a good argument and joey argue -- this has been settled in the courts. it's settled law. let me give you a couple of points here. first of all, if you want to quote the supreme court, 1989, graham v. connor, which was the objectionable reasonable standard for police in excessive use of force. if you take somebody into custody and rough somebody up, what should a reasonable officer in that instance do? that applies here, too. a reasonable officer would not have waited outside for 45

minutes while young children were being gunned down. >> there is no reverse precedent. in action can be punished. >> chris, i'm with two lawyers, you are absolutely correct. it needs to be looked at. number two, cops are different from anyone else in the sense of courage. we do the same things. mark twain once said the famous line is "courage is not the absence of fear, it's the mastery of it." 1.3 million of us in a country of 335 million are cops. i was scared every single time i banged in a door, every single time i went after an armed fugitive and every sickle time in a barricaded hostage situation. last point is this. we look at policing like we do the military. the military protects us from enemies from whitehouse. -- without. law enforcement protects us from enemies from within. it's a profession. we swear an oath to protect and to defend, to serve. in this instance, if a soldier deserts his post under gunfire enemy fire in combat, he can face the death penalty.

i'm not advocating for that. abdicating your responsibilities. not fulfilling your post, how do we in the 45 minutes if he had gone in, one life couldn't be saved. >> so you fire him, but do you prosecute him? >> i think absolutely. >> and the idea of if they don't have a constitutional duty to protect, what does that mean? >> it means that you can't charge someone criminally. i think that everything that james said from his perspective, he's a guy who served, who has protected his country, his community, i get it. i think a normal reaction would be you should burn, as we saw the parents say, but looking at it dispassionately, looking at it just objectively speaking what the law provides, what it provides for is to respect an officer's discretion. now here i don't think there can be any respect for what the officer did. his inactivity, inexcusable. you're substantiati standing so. you've been on the job for 30

years. you have all the training, all the experience. if you jumped into action, arguably you could have saved. >> you can't take his pension unless he plead to a felony. >> that will be examined. that will be looked at. if you're talking about firing someone and taking their pension, another venue. if you're talking about criminally prosecuting something, i think ultimately a jury will burn him. he will not in the event this moves forward win a jury trial. i think this is a legal question for the courts and i think once they analyzed the law, no constitutional duty, analyzed the law, he's not a caretaker, analyze the law, the precedent it septembers for everyone else, ultimately a judge in an appellate court will overturn this. >> here's what i don't like about this. this is feeding a frustration that nothing happened after parkland. it's not that my problem is -- joey's right on the law. we all did our homework before this segment. but it's not about what they're doing, it the about what hasn't been done. >> you think he's the fall guy? >> this is the one action we can come up with after this when you know the guy who did the murders was a known quantity. he was deranged. he could have been identified. we're not going to focus on that? how the peep get access to

weapons? but we are going to create a legal standard for punishing a guy because he didn't do something. i think that frustrates people and i don't blame the families for being angry at everyone involved. >> chris, we talked about it the other night in the wake of the virginia beach shooting. it's a complex issue. it's hipaa and ferpa. it's culture. it's all the things we talked about. the fact that people immediately resort to violence. yes, nicolas cruz is the person here responsible for the death of those 17 people, but i'll put it to you like this, a school bus driver is not a caretaker either of children, yet if a school bus driver takes a fifth of vodka while they're taking the kids along the route, crash it is and kills children, are we going to hold them accountable for negligible homicide? >> you better believe we will. >> this is a school resource officer. he job was to be the front line defense protecting those children and he didn't. he failed us and he failed those children. >> he did indeed and i don't argue that at all. perhaps in light of this the law will be re-examined. as it is right now, the law is what it is. the bigger issue, nobody likes to talk about gun control. it's too early. we can't address it. no, let's not touch it. i think we got to do something.

>> we talk about it early and often. that's the only time people give a damn. it fades and you're confused by which one was that? which one was parkland? >> that's a shame. when you can't even keep track of which one it was, that's a shame. >> when i say only in america, only in america do we come into situations like this. the only corrective action after a shooting with 17 kids losing their lives and adults also is do we going after the cop or not? there is nothing else we can think about. the policy arguments are strong. the law is instructive in this. gentlemen, thank you. i wish we had a better conversation to have about this, but thank you for having this one. all right. another one. did you hear about this? teacher under fire. she's tweeting, ask president trump round up the undocumented students at our school. that's not what she was calling them. should she lose her job for it? this is about the law and also about doing the right thing. there are facts you do not know. let's bring them in with d. lemon next. -and...that's your basic three-point turn. -[ scoffs ] if you say so. ♪ -i'm sorry?

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all right. so here's the story. a texas teacher lost her job for asking president trump to "remove the illegals from her school." she says she thought she was sending private messages to potus on twitter. she wasn't. they were public. her name is georgia clark and she is contesting her firing.

her supporters call it overreach and make first amendment claims. d. lemon, your take? >> my take is is that she's a teacher and she shouldn't be doing such activity on twitter or on any social media because that's a public account and she should conduct herself accordingly. i do say innocent until proven guilty. she's saying she's going to fight the charges. at least her attorney says that. but she has a history as well. cnn, in order to get information, we had to file an open records request and in that open records request we found there was a history of her doing similar things in similar classrooms where she had to be suspended without pay and reassigned. that was in 2013, so there you go. >> the better question is, why was she still teaching? she had to be moved by this behavior. like what? after this came out, she's accused by students of making racist statements in the classroom the same day? unnamed students say she said after a lesson she said

illegal mexicans shouldn't ernest the country illegal. a student asked to go to the bathroom and clark allegedly said show me your papers. that show you are legal. she was suspended without pay in 2013. she called a group of students speaking together in spanish as little mex. clark made her students do an activity in which she separated her students by their race and told the mexicans to cross the border to the other side of the classroom. it's not a one-off. yes, she thought it was a direct message. but why was she still allowed to teach? >> well, one, it's america. >> so what? >> so what? do you know the history of this country? do you know where we live in now? do you know -- >> why fight for this? >> because. because this -- here is the thing. because the issue of race has not been taken seriously in this country ever. people say when you and i come in, you're saying to me why is

she still being allowed. because when you bring of those subject, people say that you're race baiting. people say i had nothing to do with slavery. i have nothing to do with what happens in mexico. people shouldn't enter this country. people don't want to deal with the subject of race in this country, especially if it does not affect them. they're sick of it. they don't want to deal with it. they want to deal with their everyday things. fine, everyone wants to focus on their families and being able to take care. this is an issue. this is the third rail in our society. until people like this woman we start to take her actions seriously, and not just us, the people who -- the people who agree with her. >> that's right. that's what i'm saying. >> the people who are confronted with racism every single day. until they start to take it seriously nothing is ever going to change. >> that's the right point. the people who support her and say it's her first amendment right, sure, you just don't get to teach because we don't want to teach that to our kids. she got cited for it and was suspended for it without pay once.

one should have been done. >> if you are in the public, it should not be your first amendment right to spread hate, to spread lies and to spread propaganda. representative will hurd, largest section of border -- he's going to join us, hear what he has to say about tariffs and what's happening on our border. he's going to join us. you want to hear what he says about these tariffs and what is happening on our border. >> great. great guest. d. lemon, talk to you in a sec. do you remember, well, we must, 75 years ago, american troops were prepping to cross the english channel. almost to the hour where we are right now. d-day invasion. they did it out of a sense of duty. this was one of the moments that defined them as the greatest generation and that will stand for all time. let's talk about them and the rest of us in a closing argument next. feel the clarity of non-drowsy claritin.

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be go[ laughing ] gone. woo hoo. ♪ welcome to my house mmm, mmm, mmmmm. ball. ball. ball. awww, who's a good boy? it's me. me, me, me. yuck, that's gross. you got to get that under control. [ dogs howling ] seriously? embrace the mischief. say "get pets tickets" into your x1 voice remote to see it in theaters. you know, all this talk about the parkland resource officer focused on the nature of duty. what was his duty?

it's forcing a lot of tough questions, but it also brings something positive into focus, the nature of duty in a time of danger. we see it in first responders all the time, which is one of the reasons the parkland guy bothers people so much. but the ultimate example is evidenced in our fighting men and women and when it comes to warriors, that defining generation was called the greatest for a reason. 75 years ago, almost to the hour, the d-day invasion began. >> this is the day for which free people long have waited. this is d-day. >> talk about facing your fears. we've all seen the movies and documentaries overnight in armada, more than 160,000 troops crossed english channel. june 6th, 6:30 a.m. local time, troops began coming ashore, a 50-mile front. they had to cross naked beach, everything coming down on them, 10,000 lost at least.

the american count 6,603. d-day could stand for duty. it doesn't refer to any word in the "d," but it could. let's use it for that for this argument. they did it because that was their purpose. many were drafted at 18 years after age, babies or barely older sent off with these words from eisenhower, then the supreme commander of the allied forces. >> you are about to embark upon the great crusade toward which we have striven these many months. the eyes of the world are upon you. the hopes and prayers of liberty loving people everywhere march with you. >> 16 million americans served and helped save the world in world war ii. there's still a lot of them left. we saw a handful of them sharing the stage today with potus, the queen and other world leaders. what will be lost when the greatest generation goes?

my argument is it won't just be the memory of a war but a profound sense of duty. then and when they return because, remember, these same men and women who supported them there and here, built this country, literally and culturally. they made america great. we owe them everything. and it is worth remembering why we look to them as an example of what this country is all about. they were from everywhere. and they were about everything. many struggled with the language. they weren't born here or recently arrived. they were sons and daughters of the lesser. they were sent, like in my family, because of the profound sense of appreciation for the opportunity to be in america. they gave everything because they felt they owed everything. now, i can't imagine facing down the danger that our troops absorbed and conquered and lived with ever after but i can appreciate their example.

and i can honor that sense of duty and see it as a standard to apply to whatever challenge life brings and to a profound sense of pride in being an american. so on this day, today, when a story about one former sheriff's deputy, the parkland resource officer is all over the news as the subject of the only action taken in response to a shooting that took 17 lives, remember when talking about duty what we already know about it in the face of danger, what duty looks like writ large. d-day doesn't get the attention of the drama of the moment but it deserves the ultimate respect. thank you to the brave souls who served. thank you for the gift that you give those of us who reap the benefits of what you wrought with your hearts and heads and hands. thank you you and your families. the more we look to you and what you were about 75 years ago the better off we will be today. t anks for watching.