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what does he need to accomplish? the trip coming as his domestic agenda, especially a bipartisan deal on infrastructure is in danger of falling apart. the former democratic senator russ finegold is here with advice on how to get around the gop filibuster and get biden's agenda moving. and white house officials perplexed at his ill prepared answers about visiting the southern border visiting mexico and guatemala. here at home, president biden's agenda is stalled. my next guest angst lot about how to get big bills passed in washington. russ feingold joins me now. senator, thank you so much. good to see you again. >> good to see you. thanks a lot. >> when you look at what is going on at home with the president's domestic agenda, with hopes being hung on bipartisanship, please give us a

reality check. >> it is one thing if it is a president's agenda. that's one thing where you would expect them to use the tools they have to stop certain things from happening. this is far worse than that. this is weaponizing the filibuster to prevent things that aren't just about the agenda. bits having a commission to investigate what happened on january 6th in the u.s. capitol and the insurrection. it is things like protecting voting rights which is being frustrated. when you used to have strong, strong bipartisan majorities, reauthorizing a strong voting rights act. so this tool is being abused to undermine our democracy. it is not simply some kind of a gentlemanly agreement to let everyone debate fully. so it is also frustrating the president's agenda in terms of infrastructure and some of the other issues but it is frankly

far worse than that. >> it is clear that senate democrats aren't going nuclear to pass the president's agenda. you say there are still things that can be done. like what? >> well, you know, they may not want to go nuclear to get rid of the entire filibuster. that may not be in the offing. but things can be done like making exceptions for particular bills. a lot of people think the filibuster applies to everything. it doesn't. it probably applies to the minority of things that come to the senate. all the nominations. ambassador nominations, judicial nominations, they are no longer sub to the 60-vote rule. and the federal budget isn't subject to the 60-vote rule. certain trade provisions are just majority. so the question is whether some of these democratic senators and maybe some of the republicans would go along with exceptions for something as vital as voting rights. knowing this is a terrible thing to do in a country that already has an overwhelming racial bias

legacy the allow a fbi that has been used to support jim crow and legislation over the years, to allow that to harm people's voting rights going forward is unacceptable. so perhaps some of these senators would agree to change things like the rule that 60 senators have to be there to break the filibuster. maybe you switch the rule and say, no, 41 senators have to be there to keep the filibuster going why. should somebody like joe manchin oppose that? it is only fair. and that would be a way in which you could make a big difference to the filibuster without having to completely eliminate it. >> ted cruz filibuster obamacare for more than 21 hours. let's remind people. here it is. >> that sam i am, that sam i am. i do not like that sam i am. do you like green eggs and ham?

i do not like them, sam i am. i do not like green eggs and ham. >> so if the talking filibuster comes back and republicans are forced to filibuster, will it actually help democrats pass the legislation? that's the key question. >> well, i think it might. it inflicts a little painful maybe he liked doing that. the truth is it was funnier when i read the cheese recipes on the floor of the senate to the dairy industry. that's not the problem here. you don't have debate at all usually. you don't have senator ted cruz talking for a long time and then they move on and pass obamacare. what you have people doing nothing. sitting on their hands and allowing the states to gut the voting rights of the american people. and so yes. making them talk, making 41 people actually show up.

i had congressman clyburn on the show the other day with me. he referred to it as the spa filibuster. all the people filibustering could be at the spa and it is the people trying to stop the filibuster that have to show one the 60 votes. that would be a very valuable change. >> could democrats vote to change the 60-vote threshold of the filibuster? maybe 55? >> yes. >> they could. that was an idea that former senator harkin had, that you gradually move it down week after week until you finally get to the point where it is a majority vote. the idea, if the filibuster is really supposed to be about providing the opportunity to debate and consider something, rather than always killing legislation, then why wouldn't people consider that possibility? but i'm hoping that democrats can at least agree, and maybe a republican or two, using their opportunity to change the rules on a majority vote to at least create an exception for vital

legislation such as for the people's act, the john lewis voting rights act, and yes, the crucial idea of a commission to get to the bottom of what happened on january 6th. let's see if we can at least get some exceptions to the current rule. otherwise, i don't see how the filibuster can be sustained. the senate is already completely undemocratic. that was the founder's intention. that every state should get two votes, no matter how small the state. when you add on to that the super majority, the bias of the institution is so severe and is being so abused right now that it makes a mockery of the idea of the idea of the senate, being a democratic body. >> amen. it's good to see you again. we'll see you soon. >> hope to see you. bye-bye. i want to bring in now ben rhodes, former national security adviser under former president barack obama. after the fall, being american in the world we've made. good to see you.

president biden really driving home the importance of democracy during his first overseas trip. listen to this. >> i believe we're at an inflection point in world history. the moment where it falls to us to prove that democracies will not just endure, but they will excel as we rise to seize the enormous opportunities of a new age. we have to discredit those who believe the age of democracy is over as some of our fellow nations believe. >> democracy -- the strength and democracy abroad when it is under threat right here in america. >> well, don, that's the central principle of my book. i went around the world to demonstrate that there is one trend happening everywhere. that includes the united states.

i talk on hong kong protesters who saw their democratic movement snuffed out. i talked on alexei navalny in russia and his network was deemed an extremist group by putin. i talked on places like hungary who face it in their country. what i kept coming back to, don, the reality that the most important thing america needs to do, as much as i will goed joe biden talking about this on this international trip. get our democracy in order at home. what people will tell you abroad is the most important thing america can do is set an example. that a multiracial, multihe think knick democracy can do, the nationalism. while i think this is an important step, we're talking about not disconnected from your last segment, if we can't get it right at home, we cannot be credible delivering the message abroad.

>> so the four years under trump was really a roller coaster for american foreign policies. our alliances were frayed. our adversaries were emboldened. what do you think america's role in the world needs to be right now, ben? >> i think we have to get back to the basics here. because one of the things that struck me in talking to people around the world in the trump years, it wasn't just the fact that donald trump was president that made them concerned. that was clearly part of it. it is the fact that we elected donald trump president. the united states of america could do that. the united states has one story that we tell. it is a great story about equality and democracy. we also have the reality that we've not always lived up to that story. and donald trump put that on very stark display. i think there is an opportunity though, don, because we've been a country that has suffered through the trump years. because we've been a country that has demonstrated even

though we have this exceptional story about democracy, we can have the corrupt autocrat with the son-in-law down the hall. we can have the people overrun our parliament. if we can fight through it, that example will rip around the world. that's what people struggling against authoritarianism need from us above all. to once again set that example to the world. >> there have been so many challenges over the last five years or so, right? biden's challenge isn't just smoothing out trump's foreign policy. the world has been struggling with covid for more than a year now. many countries dealing with problems within their own borders. how does biden rally together on these big issues like the climate crisis when the world has become more insular? >> part of that is leading by example. the enormous amount, yeah. an enormous amount of vaccine on

climate. this is why it is a climate infrastructure bill is so important. when you do those things, we learned this in the obama years. when you step up and you lead through your actions, it is. easier to go to other countries and say we need you to be a part of this as well. on the democracy point, it is not just on joe biden in the same way that barack obama couldn't solve all our problems. in part because you make mistakes as president but in part because we need to claim this democracy. we need citizens at the grassroots level. we need organizations like with a stacy abrams has done. we need people to stand up and say we see where this is going and that's not where we want to head. america is supposed to stand for something different. america is supposed to stand for democracy to do big things in the world and to co-exist peac peacefully. >> up just as oh own couldn't do it and you have trump in the middle and now you have joe biden. the question is, why should our allies feel confident working with us, if they know that they,

one single american election can completely change how we approach foreign policy? >> the relief that came along with barack obama's first trim where he was greeted with hara rapturous crowds, i believe it was more than the trump years but i think this is like points to the challenge of the fact part of what those allies were looking at when joe biden comes. they'll be so glad he's there. he won't disrupt it. he'll try to get business done. he won't shove the prime minister of montenegro. he won't cow tow to putin. he will probably stand up to putin. that will be welcome to them. they also saw joe manchin's announcement. they see republicans passing restrictive voting laws. and they're thinking, hey, we spent years negotiating the paris deal with obama and then

trump came along and tore it up. what's to prevent that from happening again in three and a half years in the reality is joe biden can do a lot on this trim and a lot as president. this won't be settled in one trim or even one term. we have to build back the credibility that was sent down so significantly under trump. this was the beginning of it but it is on all of us and we have to stick with it. >> it's a pleasure. thank you. book again is after the fall. being american in the world we made. while president biden is overseas promoting american values and freedom, shocking details about how far the trump justice department went in trying to get hold of email and phone records from cnn correspondent barbara starr. a secret court battle was playing out for months and we're only learning about it now because of a gag order. it was lifted. he was prohibited from

discussing or even acknowledging the case. he couldn't even speak with barbara starr. they went nowhere. the case didn't reach resolution until biden administration came in. joining me now, he wrote about this on cnn.com. david, hello to you. it is fascinating. i was reading it and my jaw was dropping. you did not know what the government wanted, when the doj first came forward with this gag order. you were blocked at every opportunity, trying to understand what was going on. so you still have no idea what this was all about? >> i really don't. we can guess. you can try to work your way backwards by looking at what was covered in barbara's emails and on cnn at that time. the truth is they were under no obligation to tell us and they were completely unwilling to share any information. that was a shape because it could have helped us narrow the search and make it easier to

protect what we felt was protectable and work with them but there was no interest in cooperating on their part. >> i want to reiterate. this was a months long legal fight. you were under this gag oefrl you were for bidden from even talking with our report he, barbara starr. how unprecedented it was, this entire process. >> for us, it was completely unprecedented. these orders themselves are not that unusual. typically you're going after phone records from a phone company of the not to a news organization and getting them not to talk. i've been here 21 years. i've been in the front lines 20 of those years and it's never happened. >> what kind of punishment could you have faced if you had violated that gag order? >> i could have been held in can you be tempt of court and even charged with a felony obstruction of justice. >> so i said that this didn't resolve until, it is still not completely resolved as you mentioned. you didn't get this far, at least until the biden administration.

how did it come to this point at least? >> we got a good ruling from the judge that we appealed to in the district court. they took one last shot by filing a notice of appeal on the last day they could. january 15th. we were able to negotiate something with the coming, oncoming administration where they had to be more cooperative with us if they wanted to proceed any further. and they agreed that they could no longer use that order to seek information from cnn or from barbara. >> what is the danger here? >> the danger is, you don't know what else is out there. it is possible, i suppose, that they have other orders that are issued against journal. is right now to their phone carriers or their email carriers where we're not involved. i didn't know until day we got barbara's notice letter that they had been looking for other of her accounts. and i felt both blind sided and offended. the whole time they were dealing with us, they felt no obligation or neglected to tell us they were seeking other accounts

where barbara was clearly doing work for cnn and communicating on behalf of her job. >> you said there are others out there who didn't happen to just cnn. it has affected the "washington post." "the new york times." it's a scary thing to see given the first amendment. our jobs are protected under the first amendment. it's one of the things america stands for, freedom of press. where do we go from here? >> well, you know, home any we'll get together. we're going to get together with the attorney general and staff on monday in washington. it will be myself. our bureau chief along with my counter parts at the post and the times. the home is not just to figure out what happened but to see if there are more pragmatic solutions to prevent it from happening again so we're not just dependen on the good graces of what happened at that. that's not the way our government is supposed to work. it is supposed to have predictability and to anticipate what the law will be.

>> it is scary. i'm glad it got to this point. keep us updated on where it goes. >> thank you. good seeing you. vice president kamala harris taking heat for her answer of, when she'll visit the border. is she being held to a different standard? >> do you have any plans to visit the border? >> at some point. >> we are going to the border. we've been to the border. this whole thing about the border. we've been to the border. >> you haven't been to the border. >> and i haven't been to europe. i don't understand the point that you're making.

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the vice president kamala harris is on her first foreign trip as vice president. her two-day trip to mexico and

guatemala is not exactly being hailed as a great success inside the biden administration. that's what the reporting is. some feel she came off looking unprepared for inevitable questions about when she might visit the southern border. let's discuss now with cnn national political reporter and political commentator ashley allison, the coalition director for the biden-harris 2020. i know this will be a fascinating conversation. the vice president is getting criticized from the right and from the left following her first trip abroad. she had this moment with lester holt on nbc that didn't go so well. take a look. >> do you have any maplans to visit the border? >> at some point. this whole thing about the border. we've been to the border. we've been to the border. >> you haven't been to the border. >> and i haven't been to europe.

i don't -- i don't understand the point that you're making. >> so dana bash is reporting that some administration officials were perplexed by the vice president's border answers. what is behind this reaction? >> well, i think we've seen this time and again from kamala harris, don. throughout the campaign in 2020. she doesn't like a question that she gets, she often deflects in a way that can seem defensive. the point that lester holt was making was obvious to anyone else watching this interview which is that the issues at the border are inextricably linked with the portfolio that she's been given, to slow, the stem the no of migration from center america. so it was a really perplexing answer that was flippant.

there were any number of ways she could have answered this question that came off differently. she has visit the border as attorney general of california. when she was a u.s. senator. so she's reacting in a defensive way because the right has been trying to make her into the administration's border czar and that's not the portfolio she was given and it's not a role that she wants. we really saw that come through. >> so hindsight is 2020. we can say would have, could have, should have. i felt it was a lay-up. that she had to be prepared for that question by her team. how could she not have had an answer? >> yeah. >>s and one of the most obvious questions you'll get. to not have a good answer for it. >> i want to bring you in here.

we're sitting here saying, here's what she should have said or how she could have answered it a certain way and she didn't. vice president harris is an historic figure. the first woman in her role. some of the criticism she's receiving related to that? is she perhaps being judged by a different standard? do you think that's fair to ask? >> well, as i was listening to the clip, the first thing she said when asked the question. she said we're going to the border. she did answer the question. was it a perfect answer because she continued to talk and there seemed to be some defensiveness? no. it wasn't a perfect answer. let's be honest. this was not the first politician in washington, d.c. that didn't answer a question perfectly this week let alone in their entire career. what her plan is, she has been to the border. she's been an advocate for immigration rights her whole career as a senator and attorney general. so this target on her that she hasn't been to the border i think is unfair.

and especially coming from the right. oh, now they care about the border? now they care about children they separated for the last four years? right. we believe that. >> ashley, let me jump in here. >> so i understand what you're saying and i don't disagree with it. her effectiveness, her negotiating and what she has done and can do, that's separate than her performance. and yes, you just answered the question in the way the vice president should have answered the question. so it is not incumbent upon people in the administration or for democrats or for anyone to answer the question for the vice president. she is the vice president of the united states. this is the second biggest job in the world. shouldn't she have had a better answer and you shouldn't be answering the question for her? i think that's fair to criticize her for. because if she thought that republicans are setting her up

for some straw argument, she could have pointed that out and said it is be important whether i go to the border. i'm dealing with the business of the border in the place it should be dealt with, in washington, d.c. in the white house where i can be more effective rather than going to the border for a photo op. boom! next question. it's over. so -- >> i totally get it. it wasn't a perfect answer. but i think the trim was bigger than just that answer is what i'm saying. >> well, right. >> i think the criticism of her performance is a fair criticism. if you're requgoing to play on big stage, then you have to take the big stage. >> what it opened her to is, the right is looking for any way in which they can criticize her on the border issue. it's a great opening the for them going into the mid-term

elections. they want to talk about it. so what it did, was it overshadowed all the substantive things that she talks about on this trip in her press conference, for example. >> and she may yet accomplish those substantive things. >> exactly. this is the beginning of the very complex full backs she's taking on. so to your point, this is a woman who president biden has put forward as potentially his heir apparent. he's talked about it being a transitional figure and he has her in the room as the last person every time he makes a major decision. she is the now on the world stage and the spotlight will continue to shine very brightly on her. so she has to have a team around her and be prepared for those kinds of questions. >> i think that's fair. ashley, i'll give you the last word. >> was it a perfect answer, no. to say that her career or her

trip or her substance should be criticized by one answer is often what happens to black women. we have a standard of perfection. i agree. kamala harris is up for the job to be vice president and she deserves criticism. but answering one question wrong should not be a whole new cycle. she said she's going to the border. we should take her at her word shelf went to guatemala because her purpose was to handle the root cause. but we're making the point for her. black women are often held to a different standard and are kroot 90sed, called filmant. all these things because we get one thing wrong. that's what i'm saying. i think her answer was not perfect but i don't think it should be in a news cycle for an entire week. >> i don't disagree with what you're saying and i semaccept t. but remember hillary clinton, a white woman. they talked about her voice and she was defensive and she was

robotic. i don't want to man-splain but it is something that happens to women, especially women in power. am i wrong? >> and she's held to a higher standard. yeah. and she's held to a higher standard and she has acknowledged that many times. she needs to continue to point it out. >> thank you both. i appreciate it. protesters gassed, forcefully cleared out just before the president walks out to do a photo op. a new inspector report is out and we'll take a look at it, next. are the color cartridges in your printer ready for another school year? (boy) what's cyan mean? it means "cyanora," honor roll. (mimics missile dropping) the ink! dad!!! dad!!!

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a new report tonight about last year's violent clash between police and protesters in lafayette square near the white house. who can forget the video police gassing and pushing away protesters who were demanding racial justice? a short time later, the then president crosses the intersection for a photo op holding a bible in front of st. john's church. now an inspector's report said the park police didn't clear for trump but to allow a contractor to install a white house fence. so i want to bring in whitney wild. good evening. what does the report say about why these protesters were removed and why so harshly? >> as you point out, there are two questions. in question. the first is why they were moved out. what the report says is for a few days leading up to june 1st, it became clear as the days were progressing, that protesters would become more, what they describe as perhaps more

violent. so there were examples of protesters assaulting police, one throwing a book at an officer. there was a lot of concern among law enforcement that as night fell, things would get violent. by june 1st, they realized, look, they need to get this fence up around the white house. this is becoming a real problem. so it was june 1st that a contractor said, all right. we can do the fence but we need to do it during daylight hours and we'll have to have police presence while we put it up. the idea was to get the contractor there with all the materials and then assemble a lot of law enforcement there to make sure that the contractor could set up the fence safely. now, earlier in the day, there was actually a meeting where the attorney general was. in meeting. the plan was to move the protesters out of the way so the fence could go up. the attorney general was at that meeting but he never mention that had the president would later plan to go over to st. john's church. park police say they didn't know

that until like way later in the day. sometime between 3:00 and 5:00. the meeting with the attorney general was around 2:00. so that was the plan going into this. park police used the measures they did because they were worried about violence. so their operational plan was to have all the law enforcement agencies, arlington county police, secret service, d.c. national guard, bureau prisons added in late in the day. they're not sure how that deployment all came to pass but the bureau prisons showed up late in the day. and the operational plan was to say, three time over a mega phone, to the crowd, disperse, disperse, disperse. the problem is that mega phone wasn't really appropriate for the crowd size. it was so loud. so raucous. that people didn't hear it. reporters didn't hear it. a lot of the crowd didn't hear it. so to the crowd, all of a sudden it looked like police were coming in harshly without giving them any warning, or perhaps for some rioters, coming in right at

that same time. so the operational plan, and i think this was important, too. u.s. park police had never planned to use tear gas. that was not part of their plan. that was used later by the metropolitan police department at a different location close by but not actually from the park police. >> all right, look. >> sorry. irng a lot about it. >> i like that you're giving us information. there are just too many quince denss and the attorney general was in the meeting and didn't tell them. >> yeah. >> come. on look, this was the attorney general. i want to show this. walking around at 6:00 p.m., walking around. yeah. there's a lot that has to be unpacted when it comes to this. i have to run. i appreciate all the details and i appreciate your reporting. this isn't the end of this story, i believe. thank you so much. only 4.7% of fbi special agents are black. we'll look at the bureau's diversity problem and what they have to do about it, next.

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the fbi is in the midst of its own racial reckoning even as the bureau takes the lead in the multiple civil rights investigations of police involved shooting deaths. justice corn jessica schneider has an exclusive interview with the man the fbi has just named its first ever chief diversity

officer and he is owning up to the bureau's mistakes and promising change. >> breonna taylor in louisville. jacob blake in wisconsin. and andrew brown jr. in north carolina. all three african-americans who were shot by police. breonna taylor and andrew brown jr. were killed. jacob blake, paralyzed. all the incidents are being investigated by the fbi. a law enforcement agency nearly three quarters white. >> are you concerned at all by the numbers? the fact that 74% of the fbi's work force is white? >> i'll say that the numbers, we can definitely do better and we need to do better and we need to recruit the best high caliber talent out there that is diverse. no question about it. >> scott mcmill-on started 23 years ago in the fbi as the only black officer in nebraska and iowa. now he is stepping into a new role to tackle the decades old

diversity program. >> what is the mission for you as chief diversity officer? >> it is pretty clear. to make sure that it is interwoechbl into everything the fbi does. >> the fbi has fielded criticism for decades. the top of the leadership team is comprised of mostly white men including today. but director christopher wray recently appointed four new minority or female assistant directors to oversee directions at washington headquarters. now mcmillion is crafting new strategies. >> different is what the fbi wants. >> to include a more diverse work force. >> i think wave good marketing strategy that we're launching out. we're reaching out to those underserved communities where they haven't necessarily considered the fbi as a place for career or even a job. >> black communities in particular have historically viewed the fbi with suspicion. a fraught relationship with the counter intelligence surveillance of martin luther

king jr. and other civil rights leaders in the 1950s and '60s. >> we own the mistakes and even the things in the past that have happened. so if we don't steer clear of that, recognize that, we have to do better. >> a grm of retired black special agents who have created a diversity advocacy group called the mirror project point out the number of african-americans at the fbi has been dwindling from 12% in march 2016 to 10.7% in 2021. just 4.7% of the fbi's more than 13,000 special agents are black. >> it was difficult. because i felt alone many times. >> eric jackson retired from the fbi in 2019 after leaving the dallas field office. he was the only black special agent in training and his fbi academy class in 1997. and he is concerned the numbers haven't gotten much better in the 20 plus years since.

>> black agent numbers have never gotten above 6%. that should concern everyone. especially when our population is anywhere michael mason applaud the fbi's creation of chief diversity officer. but they are concerned that mcmillian doesn't answer directly to fbi director wray. and they want director wray to be more vocal about the bureau's commitment to diversity. >> i think that there are senior executives, who are committed to diversifying the fbi. but i think, what's going to have to happen is they're going to have to go beyond that. so, for example, director wray is going to have to make a statement. attesting to his commitment to diversifying the fbi. >> reporter: mcmillian reports to the associate deputy director, insisting that is his direct line to director wray. and he defended wray's commitment to diversity at the bureau. >> director wray takes every opportunity that he can to support, and even mention, diversity, equity and inclusion,

particularly to inside workforce, as well as every time that he goes out, externally, and he has the opportunity to do so. >> reporter: juessica schneider cnn washington. thank you, jessica. we'll be right back. my really important job! scuff defense. honey! scuff defense. [ chuckles ] scuff! -defense! i love our scuff-free life. you too, scruff defense. today let's paint with the interior paint that's too tough to scuff. behr. exclusively at the home depot. tex-mex. tex-mex. ♪ termites. ♪ don't mess up your deck with tex-mex. terminix. here to help.

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