families, so many family lives forever changed. we remember them and we remember them all. we honor them. he willo everyone, i am chr

cuomo, welcome to "primetime." as you watch all those names on your screen of 200,000 lives stolen. of course we should be doing much better. schoo schools, the people we say matter the most, look at how we are treating our kids. you don't need me to tell you, you are living it. many schools no testing and inadequate testing and they shutdown for a single case. why? no guidance and leadership. we are failing our kids and trump gives himself an a. we are caught in a supreme wtf, idk. i don't know. wtf -- still have people split. our school situation is horrible. i don't know what to think.

now, justice ruth bader ginsburg gone. her legacy marks by the hole she leaves and what it exposes of how different she was from those who replace her. mcconnell and every republican senator, everyone told us nine months out from an election, that's too close, that's too soon. we can't see the new justice but in something that should bring a brush to his blank face. the master mind of the mayor garland power grab, senator mcconnell came out and i will tell you why it is okay to do it now because the democrats - >> president trump nominates for this vacancy and will receive a vote on the floor of the senate. now already some of the same individuals who tried every

conceivable dirty trick to obstruct justice gorsuch or brett kavanaugh are lining up proclaiming the third time will be the charm. >> the unmitigated goal. just so you understand the situation. senator mcconnell, you got your judges de judges, denied the other side your chance but they're playing dirty and not you. because they are the ones who did the wrong thing, not you. you can break your word and do what you said should never be done. all of you republicans in the senate said it was wrong to do it during the election. now you are all smiling and

admit that you lie to everyone, wtf. it is obvious to all of us. divided along the same lines no matter how blatant the hypocrisy. trump did talk about it. you have not heard it. he said something directly on point, directly to me. >> you have a vacancy on the supreme court, the president's supposed to pick a nominee, says he's going to do it today and now for the senate to do its jobs and you said no, don't do it. wait until the next election. this is one of those games if they don't hold hearing. why continue the problem? >> because i think the next president should make the pick.

they should not go forward and i believe i know i am pretty much in line of what the republicans are saying. i think the next president should make the pick. we don't have a very long distance to wait. they could wait it out easily but i think the next president should make a pick, i would not be in favor of going forward. >> imagine if the president of the kwiets came out today and when asked about whether or not this should happen, he said well, look i remember 2016. he's president, right? you can trust him, right? it is fake news, i make it up when i tell you that he's lying to you and when he's a hypocr e hypocrite. >> now listen to this again. >> i think the next president should make the pick and they should not go forward. i know i am pretty much in line of what the republicans are saying. i think the next president should make the pick.

we don't have a long distance to wait. they can wait it out easily. the next president should make the pick. i would not be in favor to go forward. >> a man of his word if that word is "me." when it is about him everything is okay. where is trump now? the answer, the outsider would come in and break up what's going on, drain the swamp. he's right in there with the rest of them arguably the biggest gator with his own unique bite. basically accusing rbg's granddaughter of lying of her grandmother's wish to have her seat held open until after the election. listen to this. >> i don't know if she said that or was it written out to schiff

or pelosi. >> it was too convenience. >> that's because you lie with no shame in your game. there is no empathy. not even to the family of the dead. while so many of you, basically all of you would never say anything like that, never. now, no problem, idk, i shrug. okay. fine. if you are not going to judge anybody on the bases of their integrity that they bring to the office, okay, i understand why not. given how many times you have been frustrated and how many times you have been played for a fool for thinking they would do what they are supposed to do. if you are about the constitution. we got to get back to the constitution. got to stop expanding over. can't happen.

this move is clearly add odds with what's in the constitution. so now president trump says forget what i said then, i didn't mean it or does not work for me now and you don't care because i can shoot somebody in the middle of fifth avenue and you would not care. i am going to do what's good for me and this time, i think it is good for you. i am going to get you a nominee. by the end of the week -- let me ask you this, the speed here is the inflection of the importance. he's doing it right away because he wants it to happen. it matters to him, right? what does it say about delay of getting on top of testing. hell no, i am not forgetting about it. my kids are at home right now. why are we testing in a smart way yet and our kids in schools right now?

why are we not able to track this virus in the way they are doing it in third world country in why does he not talk about that? when was the last time you heard him talk about wanting to do better with testing and what's his plan is? when? not just the last time but the first time. who knows? idk. it is what it is. you know where that attitude is getting us? 28 states seeing a spike in cases and only six seeing a decline. the number of new cases backup to 40,000. idk, right? shrug. schools? they'll figure it out on their own. vaccines? magically it will appear. you don't believe it, do you? you are not really following

that, are you? for god's sake, put a mask on if you are around other people and social distancing and really washing your hands and not sticking it in something really dirty. i really hope you do that for your own sake because nobody is telling you it matters. that's really, really wrong. now one of the few right things is we are paying respects to justice ruth bader ginsburg. you have to ask yourself look at what's going on right now. i am not playing the political hypocrisy game. i know, both sides, i know. it really does not matter to you that that i lie right to your face because it benefits them so that makes it okay?

now, what are the democrats going to do? i don't see a move. let's bring in our former 2020 presidential hopeful, senator amy klobachar with us. so what's the move? >> hi chris. first move is to push our republican colleagues, not just us here in the senate but also the people in this country to say do your job, look at the fact that you yourself set a precedent. you set a precedent that you now have to respect and all of them have said, well, you got to let the voters decide and the voters pick the president and the president picks the justice. look at this and you are a student of history, when you go back through times, the closest of anything like this was when abraham lincoln was president. what did he do?

he waited. he got through the election and made the decision. that's what you do. i think one of the things is we look at people voting and i was listening to everything you said and i appreciate that you paid homage to those 200,000 people have died. i appreciate you saying that. the other thing about the supreme court moment is that everything is on the line. healthcare is on the line. there is going to be a november 10th and oracle argument before the supreme court. they know that they have to stand up for r our democracy and make sure that we don't let mitch mcconnell steal it away from us again.

>> two-points of push back. our elected process is no longer a majority. so i don't know the majority rule is really working for us right now but specific to the back and forth on this one, senator, in 2016, you know you and many others said we need a full bench. we got to do this. and now you are arguing we don't have a full bench even though when november 10 oeth of the biggest one on the short calendar here. >> let me respond. >> please. >> they set that rule in 2016. this is modern age. i am not talking about something that happens seven years ago. it was 2016 that they set all this new rule. the rule of the game. when it is an election year and especially when it is this close, you let the people decide. the people are already voting.

25 states, something like that they are already voting in my state. they are doing early voting. they have the right to decide this. we already have had two republicans that have come out and said you should wait until the election. there are still many more. i am not going to give up because ruth bader ginsburg never gaive up. people told her she could not go to law school, she graduated number one in her class. she land herself as a second woman ever placed on the highest court of the land and goes on become a cultural icon in he heher her 80s. anything is possible. that's what we must do. >> i think we got one thing that most americans still agree on that this was an impressive

person, the notorious rbg. he refers to rbg as the upness. >> she was theoretically how she saw jurisprudence. 2016 the argument of democrats was the constitution was on your side to fill it because the president is supposed to do it. does it mean that now it is on the republican side and they're supposed to do it. >> we valtry to make the argume and they set the new rules. they can't have one set of rules under a democratic president and another set of rules under a republican president. the one thing that makes me hopeful in all of this, the people are turning out.

joe biden is ahead in states we never thought possible. in a reuter poll this week, the closest one we have, 62% said the next president should pick the next justice. people are onto this guy. they don't want to see raw politics. they are tired to divide all the same reasons. >> senator klobachar, thank you for making the case on the show. god bless and god health. you are always welcome here. we didn't have enough already to pay attention to in our country. >> thank you very much. >> what's the deal with the covid guidance being mixed up by the cdc? it was a mistake? they're playing politics of what you should know or should do

about a deadly virus. what's going on here? let's bring in the head of the cdc and what's the implications for this country? next. ll it's my money we're talking about here. help from a team that will exceed your expectations. ♪ here's to the duers. to all the people who realize they can du more with less asthma thanks to dupixent, the add-on treatment for specific types of moderate-to-severe asthma. dupixent isn't for sudden breathing problems. it can improve lung function for better breathing in as little as 2 weeks and help prevent severe asthma attacks. it's not a steroid but can help reduce or eliminate oral steroids. dupixent can cause serious allergic reactions including anaphylaxis. get help right away if you have rash, shortness of breath, chest pain,

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a quick point here on election security and election availability to you. a second federal court ruled against the united states postal service. really it means they are vetoing in favor. they're saying the postmaster general that was put on by trump giving him a ton of money. undo the bs you did to slow the mail. they want him to put back in all the things that need to be done or priority mail express that has to do with ballots and to preapprove all overtime request

for t s . make no mistake about it, they are still fighting for our democracy. you don't like what's happening with rbg? or you don't like what's happening with our kids, vote right now. that's what you need to be doing because you can. so another reason, get out of your house or do something and make a change now is what's going on with the cdc. first it was testing, messing with who has to be tested and why? i have no idea. now i have the same question about transmission science. the cdc is backtracking on guidance posted on friday. here is what went up that was removed. there is growing evidence that droplets and airborne particles can remained suspended in the air and be breathed by others

and travel distances beyond six feet in restaurants or fitness classes or in general in door environment without good ventilation increase this risk. you know what places don't have good ventilation? >> schools. the cdc says that guidance was posted an error. what? scientists have long called attention to the risk of areosols. why would they change it? what's the good reason? i want to bring in a good friend of mine. i trust him inherently, it is good to see you, doc. >> good to be here, chris. >> that's the right guidance and from hearing from you, that's the right guidance.

why take it down and say it was sent out by mistake? >> yeah, you know, i talked to a former colleague at the cdc, a leader there and you know the word i get is going to be coming but the version that was up was not going through all the clearance. i think what we are going to see coming froing out from the cdc similar to what was up. it was not ready to go. why it was not ready to go when there is been so many cases that looks like it could have been aerosal. >> we know the science. is the answer whether they want to say it or not that somebody is controlling what the cdc could put out? >> well, you know, i think those are two different circumstances and both under cut of the trust of cdc.

where you have political interference or manipulation of science is the most devastating to trust. when you put something up and you have to pull it down, it begs the question why did it happen? if we were hearing from the cdc every single day, from the beginning of how bad this is going to get then we'll have a relationship ongoing with the cdc, they would tell us what we'll learn in terms of science. if they put it up too soon, they could say oh, it will be here on wednesday or thursday and you would not lose the trust. every time it happens, it begs the question, why did it happen? and who had their finger on it? >> it is about what the pressure is on them if they want to keep their jobs. it could be a coincidence when they changed the guidelines for

testing. oh, i am not ready. or the directives, we are not done. it went out too soon. that's too many times with the same excuse. oh, you know you don't have to test somebody if they don't have symptoms. >> this plays into the biggest challenge of this pandemic where you have public health on message with trying to get the u.s. to do its work in every other country around the world or political message of nothing to worry about masks or no mask. we are approaching -- and thousands of those deaths could have been prevented. this is hitting every community but not hitting every community equally. it is hitting communities of color. what does it say about a nation,

not all lives in this country carries equal values. >> and you brought into us verses them. what about your own kids? our schools are so screwed up, rich. >> they don't have the test or if they do have the test, it is not the right ones and they're picking up positives when people who are not contagious. when they get a positive, they shutdown the entire school because they don't have the resources to contact trace. this is a national emergency and it got federal government written all over it. we never heard the president talk about wanting to address it once. what do you think what's happen ng t ing in the schools, rich? >> i know how important it is to get kids to school. it is really, really important. it has to be done safely, not just for the kids but for the staff and teachers and greater risk of having severe illness. we need to make sure every

school has what they need. they're not getting the federal dollars that are required to make sure that air flow is good. >> yeah. whatever components this is, you are able to decrease the risk from that and not able to hire the staff that's needed. we are seeing the same break down and how do we value black and brown children and how do we show that if we are not providing resources in those schools. >> best case scenario is you got kids doing it at home. the hybrid thing is the worst. you will expose them to one another and bring them back home where they can be vulnerable people? i can't believe this is the best that we can do by the people who we say matters the most. i say bad politics. >> dr. richard, thank you for your perspective, i trust everything you say all the time. >> thank you, chris. >> i am telling you, he would never be apart of something like

this. he was at the cdc. people handle pressure different ways. these excuses we are getting don't make sense for science. >> here we are again. us and then. it is going to be unprecedented. it may not be the slam dunk republicans expect. >> this is a power play, it is about what they need to do to consult power. what if this does not work for mcconnell? what if it threatens him? what if he does not have the power he thinks. those are big questions. you need big brains to think through them and here they are. two of the best to take us through the subtlety of this. next. yup! and that's faster? faster, yea!

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our democracy is in an uncharted territory. kind of. when you get close to an election, you should wait to see what you guys want before doing something as important and permanent as seating a supreme court justice. now they're racining ahead evenf we don't know who the nominee is. what does it mean? could it be dicey for mcconnell? what is going on now as a process proof of a change that you guys don't really matter that much anymore. it is not about rules reflecting a majority. lafayet let's bring in a couple of good men who's been thinking about this. senior editors from "the

atlantic." david frum, good to see you. i have been reading all your stuff. all good. macro is you, david frum. mcconnell may not have as easy a play as it would seem. how? >> there is not a lot of days left between the election. the senate is scheduled only to meet 12 more days. that's not a lot of time. maybe mcconnell has in mind that he can start the process now and complete it after the election before the inauguration. >> we are heading to the election which is 145 million americans will vote. if the polls are right, president trump will lose by a margin of 10 million votes. in the face of the massive repudiation of the idea that do

do -- things just go ahead. >> david froze. >> they may get harder. >> i lost you for a second, david. >> you can say yes you just go ahead. in the reality of the world after the election, that may not be easy to do. >> if it were to go this way, ron, why would that be a reflection of the reality that you point out in your piece which was not ruled by the majority anymore. it is a president who does not win the popular vote and it is senators in power as a majority party with numbers that don't reflect the majority of the country voting for them. >> this is the new normal. >> there is no way looking at the last decade except to include the republican party is looking for means and will power after it no longer represents a command of a majority of the country. i mean you can think of all suppression laws and the states and gerrymandering and the

effort to tilt the census that president trump is engaged in the season of 2016 to hold open a seat. mayor garland was nominated and a last minute rush. if joe biden wins the race, democrats -- the current republican majority, 53 senators won fewer votes than the 47 democratic senators in the minority. they may have the vote to do this. whether they go through it or after the election, i don't see it. generations born in 1981 and after are the majority of the population. at some point they're going to be the majority of the voters. i don't see them accepting an earlier majority knocking down their priorities from climate to adeportatio

aborti abortion. and the new deal in the 1930s and ultimately that court was preempted and a way was found around them. >> look at the state employees. he's no shame in his game. democrats are going forward with this. he's basically saying i lied the last time. some of you trying to trick you with the word salad. the point is the president was one party and the people is another party. that's bs for anybody that respects the constitution. again, they're making a play. if that's the play, we are doing it because we can. does that indicate that this is the path for success for republicans. do it now and get it done. he controls the calendar. who cares if there is not a lot of time. he decides how much time he needs. >> the republican party had two choices over the past decade.

one is to reach out the changing evolving america and the other is maintaining power on a base reliant on white voters and white christian voters to a country that's more diverse and change the rules and shred the norms as a way it holds in power instead. with trump and all the things he's done from the census to the post office to extorting the ukrainian government and the republicans are going along with that. they have made a choice to change the rules. if you are looking at the level of demographic change and generational change that's coming in 2020, i look at it like the 1850s, dred scott decisions and seven of the nine justices have been appointed of an earlier era and they ruled in a way design to block the priorities, merging the yoemajoy in the north. and similar kind of con

inconsisten con flic flikts coming. i don't see it is sustainable. this majority could last 15 years is going to block the agenda and becoming ing the majy of the country. >> diane feinstein did not like that and joe biden did not like it. we'll see. >> it is 2020. wait until 2023. >> right, you want to win now. >> got david frum back. let's give him the last point. for people who say look he's going to do it now. he controls the calendar and you take the win when you get it. maybe ron is right, it will be punished outline tdown the road still have a 6-3 right now. >> who wants to have the risk of having reputation of our history

to be remembered this way and there is the wildcard of the president driven by ego. he may react to a defeat, this is a very complicated and unprecedented. i just don't think people should -- well, he always gets away with it. >> i don't know what stops them. trump is not going to stop them. he wants to put out a nominee this week. he said to me in 2016 that he's against it. no, i am with the republicans. we should wait. now he's doing opposite. trump does what's good for him. how is this not good for him? >> just the sheer difficulty of walking across the room carrying the eggs. >> boy, you are deep. >> ron browstein and david frum.

>> carrying the egg. thank you very much gentlemen. a lot of this may not be what it seems right now. the wtf as what we see. if you live in new york, seattle, or portland, oh, you see all that energy. holy cow. the lights are going off in new york city? my eyes are deceiving me. these threes are anarchy jurisdictions. that's what they have been called by the trump administration. what? >> wtf. tru trump once again breached the constitution. now he wants the pull it because he says these places are about

anarchy. they can't be about giving money. this is a game they have played before. you know how i know? former trump white house insider will tell us what's going on and how badly it stinks. next.

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>> that's anarchy. >> i didn't catch the first part of what he said. the idea is impossible to absorb. he's ramping up the narrative through the justice department. that's the key. bill barr is behind these things. the man who's supposed to safe

guard our laws. he's part of labeling three cities, new york, seattle and portland, anarchy jurisdictions. we all saw what was ugly, we know that's a crime. we know it is not protests. we know it is wrong. it was not the majority. it was not 50/50 and you know it. however the doj is now playing the fear. that's the campaign, be afraid. the blacks are coming with their white friends, they'll break down the gates where you live and they'll come down your house. thank god we built that wall, all three mile zone. the doj is now doing something we have not seen or have we? they want to pull money from three major cities.

just politics can it be? miles taylor, welcome back to "primetime." oh, don't say it is about politics. it is about national security. >> that's your experience with this? >> chris, look at the words the president said. he says democratic run city. he gave away his full intention of doing it. the president of the united states is weaponizing the power of his office for political purposes. the background of this is that on september 3rd, two months before the election, the president issued an executive order on these anarchy cities. the president could have done something like this two years ago or three years ago.

he chose to do it two months before the election. we have seen this before. the president tried the get us to cut our homeland security funds to sanctuary so he told us to cut off the money. now, we did not do that, chris. we did not cut off those funds. and you know why we didn't cut off those funds? because that money is used to protect municipalities against terrorist attacks, natural disasters, mass shooters, and other public-safety challenges. >> and also, to add to the point of the obvious political nature of it. you know, kenosha, wisconsin, has had some trouble, also. the state of minnesota has had some pretty ugly incidents there. they're not anarchy cities. i wonder why. well, maybe, it's because he really needs those two states. and something like this may lose them for him. safe assumption?

>> absolutely. and look. i mean, you need to go further and explore the actual effect of this. if the president is saying we are cutting off these funds from these places because their local leaders are not doing enough to protect them. under what conceivable theory would you, then, say, and now, the federal government's not going to help protect you? so if the president's goal is really to defend all americans, and ensure the public safety of all americans, which it should be because he's the commander in chief. then, why would you cut off federal funds that help prevent, again, terrorist attacks, mass shooting incidents. you know, ensure law and order in those places. what the president is doing is, the bottom line, he is making americans less safe in these places, to prove a political point. that's recklessness, of the highest order. >> the good news is doubtful that, in court, he would be successful with this because he does not have the power of the purse. congress does. myles taylor, thank you very

much for taking us inhouse and saying you have seen this before and it's as ugly as we think. thank you for the honesty. we'll be right back. ♪ ♪ ♪ keeping your oysters growing while keeping your business growing has you swamped. (♪ ) you need to hire i need indeed indeed you do. the moment you sponsor a job on indeed you get a shortlist of quality candidates from a resume data base so you can start hiring right away.

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i'm about to make a closing argument that i am often told not to do. don't blame people for anything. you know, this is all about teams, man. as it is, at 9:00, you got the left has one team. the right has another team. you're fighting in the middle, as it is. nobody likes a referee, no matter how nice your suit is every night. but i don't care about that. i think you are better than being pandered to. and i think that the conscience of the collective has to be reawakened. we are stuck in the never-ending cycle of wtf and idk moments. shocking things. wtf. ruth bader ginsburg is gone, now, right before the election? god bless her family. we mourn her passing. she was special. but i'm afraid more dies with ginsburg than just an amazing human and judge. we are witnessing epic

hypocrisy. the republicans looked you in the eye, and said, look, nine months out from an election, we got to let the people decide. the sitting president, now, said that to me. he said it. i played it for you, earlier. it'll be on my social media. listen to him. i say, you say you don't like congress not doing its job. you don't like games like this in the senate. why are you saying they're doing the right thing, back in 2016, he says because we're too close to the election. the people should decide. well, now what? and you're okay with that? you know what the answer is. blaming mitch mcconnell is easy. he is a symptom. more instructive would be understanding how we got here. democrats were the ones blocking judicial nominees in 2003. trent lott and republicans threatened rewriting the rules with what he called the nuclear option. remember that? eliminating the ability to filibuster judicial nominees.

listen. >> we can't continue to filibuster men, women, and minorities, unfairly, that surely are qualified for the federal judiciary. you got to find a solution. >> harry reid. the leader of the democrats went there in 2013. listen. >> the changes we made today will apply equally to both parties. under republican power, these changes will apply to them as well. >> he was making the majority all powerful. and you know who warned him that he would pay for this? mitch mcconnell. >> to my friends on the other side of the aisle, you'll regret this. and you may regret it, a lot sooner than you think. >> three years later. you know what he did when obama tried to fill a seat in an election year. remember what he said. >> the senate will appropriately revisit the matter when it considers the qualifications of the nominee the next president nominates. whoever that might be.

>> now, at the time, he made it an integrity play about you. it wasn't about you. it is about consolidating the power of a minority. that's what it has been about then, now, for the democrats, always. power. the letter in front of the name is irrelevant. none of them is supposed to control the power in the system. you are. now, the part i'm not supposed to say. you don't use your power, not enough, not in enough places. and i'm not saying you don't have good excuses to not trust in the system, and not want to be involved. but this is what you get. when you don't vote, you have a system where money can beat out marginalized masses. once either party grabs power, they use it. and if they're not worried about you, what do you think they're going to be worried about? special interest and the insiders and the deals. we have a larger problem, okay?

larger than parliamentary rules and trump. one seat, either party. it's not just about the swamp. it's about the ocean of us, that is supposed to flush it clean with our good conscience and our voting. we're not doing it. we face legitimate questions about whether the government works for the majority. republican presidents now, regularly, don't represent the majority of this country. the senators who are in the majority don't represent the majority. look at some of the examples from this administration of what an overwhelming majority of you say you want the government to be doing. universal background checks. more spending on infrastructure. none of it happens. why? because they play to power, and they do not fear you because you do not vote. but you know what you can do tonight? vote. it's time for cnn tonight with don lemon. if you don't want to watch him or while you are watching, you can open your phone. you can ask for a ballot. and you can vote. if you don't like what's happening, vote and things will change. you get what you vote for. >> i think -- well, i think you're