all right. thank you very much for giving us the opportunity. it is now time for the big show. don lemon tonight with its star, d. lemon. >> you're right. good to see people out. we saw some folks this weekend. young people are partying. >> they were. we were jealous. we were jealous. >> good for they will. >> our geritol.

taking our digestives. do you have a pro biotic you can put in my arnold palmer, please? i've been watching the situation. we did a story here a couple weeks ago on just all over the country, people going to the supermarkets, the costco, the planes, but the plane in particular is just very scary. you had someone trying to open the door. he couldn't do it because of, you know, how it is formed. >> i don't know if he could or couldn't. >> because of physics, it would be virtually impossible for him to do it. i don't want anyone to try. what is happening on airplanes, i think we're dealing with a lot of mental health issues. some of it stemming from the pandemic and just people with undiagnosed issues. maybe they couldn't get to

therapy or afraid. i have no idea. and just a lot of angry people who seem to have lost their manners and what it is like to be a human being. calm down. mind your business. >> a lot of it, would you like me to break a little news on your show? >> go for it. >> so people are fighting on planes. they're fighting facts, they're fighting with their duties in congress. all of it on the show tonight. we had congressman chris stewart from utah. i believe he was providing an artificial balance to anything i asked him why he hadn't been louder about it. we were talking about marjorie taylor greene that they have in their ranks. i said you put your arms around her. he said no, i didn't. you have your own rules in the conference. did did you vote to remove her from the conference? >> you put both arms around marjorie taylor greene and you brought about here is the conference. >> no, i didn't of i didn't vote for her in her district.

the people -- >> did you vote to have her removed from the committees? >> i actually did. >> so? >> can't find the vote, d. lemon. reporting that utah, all four of utah's members of congress voted not to remove her. called the office. asked for an answer. still waiting. but i don't see any proof that chris stewart voted to remove her from the conference. >> time-out, chris stewart in the chambers. >> he was critical of her in his statement but he didn't vote to remove her. >> and we're sure about that. we don't know. >> i see no proof of the vote. i'll give him this. he was critical of what she said in a statement. but it is a little consistent with the game he was playing tonight. the insurrection, it's no worse and not as bad as what happened with antifa.

qanon. i don't care about them any more than i do antifa. if you want to look at this, you have to look at -- everything was a balancing test as if nothing can be wrong anymore. it is only wrong for me if i can't say that you did something wrong as well. >> it is toxic. >> and nothing, you know how i feel with. that there are certain things happening now that is the fault of one party. and certain things that are the fault of both parties. certainly if other taur talking about insurrection, and koemting people and exploiteding their possibilities, i think there's one party doing that and needs to take a look at themselves. i have to run. save it for the show. >> i save it for the big show.

>> you can pay for lunch next time. >> you're not saying you paid this time, right in. >> i think he had some ice cream. so this is don lemon tonight. let me tell you this. usually, when an american president goes overseas, it is to promote and reassure beam the fate of democracy abroad, right? because america, democracy, right? what you saw today was a president who needed to send the message that democracy can survive and thrive back at home too. >> i pointed out we have to prove to the world and to our own people that democracy can still prevail against the challenges of our time and deliver for the needs of our people. we have to root out corruption that siphons off our strength.

guard against those who would stoke hatred and division for political gain, the phony pop populism. invest in institutions that underpin and safeguard our cherished democratic values, as well as protecting the free press and independent judiciaries. >> phony populism. a direct hit against the former president of the united states. he would visibly shove aside leaders, there he is. when he was not cozying up to dictators. he rode phony populism to office and then called possible it to try to prevent the peaceful democratic transfer of power. as the president of the united states prepares for his summit, he is giving a preview of how he will approach the talks. >> the areas we don't agree make it clear what the red lines are.

i have met with them. he is bright, tough, and i found that he is as they say, when i used to play ball, a worthy adversary. >> the kremlin, that it is an internal matter and not up for discussion. putin in an nbc interview news, calling the insurrection a case of political persecution. >> and they came to the congress with political isn't that persecution for taking over power. they didn't go there to rob. >> do you notice how that rhetoric sounds familiar? really rhetoric to the excuses

that you've heard. those who have said the insurrectionists were patriots, they were just tourists, they didn't have any weapons. you probably want to think twice when yit align. >> denying the insurrection happen, that there was no violence. i don't know. i mean, what videos has he been looking at? >> we've seen plenty of video of people in the capitol. you have people that braex the capitol, and i don't condone it. they're staying within the rope lines within the rotunda. that's not what an armed insurrection would look like. >> i mean -- do you have to wonder if one is sane to come to that sort of conclusion.

as far as the weapons, i don't think he's right about that. and we may never know. a lot of them were allowed to go back to wherever they lived. no searching, no nothing. and what are flags and bear spray and people pepper spray? that's not weapons? come. on the president of the united states indicating that he talked about the insurrection with his counter parts at the g-7 meetings and they were shocked. a also, we've been asking whether president biden truly understands the magnitude of the republican only significance that he faces. he gave us an idea of the answer to that just today. >> i think it is a shock and surprise that what has happened

in terms of the consequences of president trump's phony populism has happened. and it is disappointing that so many of my republican colleagues in the senate, who i know know better, have been reluctant to take on for example, an investigation because they're worried about being primaried. that's why it is so important that i succeed in my agenda. whether dealing with the vaccine, the economy, infrastructure. it important that we demonstrate that we can continue to make progress. >> phoney populism. president biden sees what republicans are doing but so far, he's not changing his plan. he believes he can save democracy with good government, for the people. is that what the other side has

in might not? this was just last week. >> as you look to what the majority leader has in mind for june, it is pretty clear the era of bipartisanship is over. >> that's rich cynic chol mcconnell never allowed bipartisanship to begin with. and he's now senting a stark message to biden. if the gop regains control of the senate in 2022, biden can forget about getting a supreme court nominee confirmed just like he blocked president obama's pick of merrick garland from even getting a hearing on his nomination. >> i think in the middle of the presidential election, if you have the senate of the opposite party, you have to go back to the 1880s to find the last time. >> if you were back as the senate republican leadership, and i think you are, and a democrat retires in 2023, that would be the anthony kennedy precedent. would they get a fair shot at a hearing?

not a radical but a normal main stream liberal? >> well, we would have to wait and see what happens. >> what do you think the chances are that mitch mcconnell will work on the biden intelligence, except to oppose it when he is saying things like that? we are america congressman jerry nadler, the chairman. house judiciary committee saying his committee will open a full investigation of the trump justice department's issuing secret subpoenas and jurn it. they will investigate as well. house speaker nancy pelosi saying the trump administration's behavior is worse than anything richard nixon ever did. >> what the justice department did, leader for the former president, this is about

undermining the rule of law and for the attorneys general, barr and sessions, at least two, that they didn't know anything about it. it is beyond belief so we will have to have them come under oath to testify. >> also the fbi warning lawmakers that followers of the qanon conspiracy theory may carry out more acts of violence in the aftermath. a report saying that since of the of the qanon materials have not materialized, thousands will try to take action on their own and against those who have pushed in the past, marjorie taylor greene, all of a sudden, apologizing on another issue.

the apology coming after she marquis visited in washington earlier today. >> i have made a mistake. i want to own it. the horrors of the holocaust are something that some don't even believe happened and some deny. there is no come pair son to the holocaust. and there are words that i have said and remarks that i have made that i know are offensive and for that i want to apologize. >> okay. so we don't normally li ly like elevate conspiracy theories. but we play it because it is important to amplify the truth which is what she said was wrong. it was i goer nornlt. amplify the truthful specially when we reported to you on the line. the truth is, anyone who gets

elected for the you think should be educated. you should be he had gatd the horrific tragedies that can result when hate and propaganda come together to terrorize people. and congresswoman greene did not apologize for comparing the democratic party to the nazi party. apparently, for her, that is still fine to do. so her apology, you should hear it. you can decide for yourself whether she is sincere. whether she has learned anything or whether she is behind this. the current president of the united states slamming what he calls trump's phony populism say the government is diminished, fractured. >> the republican party is vastly diminished in numbers. the leadership of the republican

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president joe biden talking up the importance of democracy to our global allies while calling out republicans who have bought in what he calls phony populism. the president saying the way forward is to get through his agenda, even though the gop has given no indication that it will budge on many of his proposals. let's discuss it now. david axelrod is here. gentlemen, good to see you. thank you very much for joining this evening. i'm so happy that you're both here and i am so glad, i hossa my glasses and they magically showed up in the mail. what is wrong with don lemon! i'm old. my eyes are not that good. i tried contacts. they didn't work. president biden was on the world stage today. he's been on the world stage,

giving a real assessment of american democracy with our allies who are listening, calling out the phoney populism. a lot of people have accused him of being naive about what he is up against. does it sound to you like he knows what he's up against? >> i think he knows what he's up against. right now he is on the world stage. you know, donald trump actually made his job. so easier on this trip because people, here comes an american president who actually honors our alliances, who lifts up democracy, and who wants to work collectively to deal with some of the world's problems, and to deal with the challenge of china and the challenge of russia and that's all to the good. they all have ptsd from their experience with trump. and part of it, and so they have confidence in biden but they want to know they can have confidence in american democracy to sustain the commitments that he is making. so it is important for him to

make the case that america is back. that's what he's doing. >> matthew, i've had you on and we've agreed on loot of this. whether, the seriousness, the intensity, is it there on, with what is happening on the right. biden is suggesting the current phase we're seeing from republicans is passing. when you look at how far the gop is falling, on a scale that we have never seen, giving fetally to someone who tried to undermine democracy. is it just a passing moment? >> no. it is not a passing moment wauflt the civil war a passing moment? i mean, it lasted four years and our country went through heck over it. you wouldn't call that a passing moment. the republican party as you and i have talked before about, is

gone. that's the party. and in my view, i understand world leaders' questions about america in this moment. i think they look at it and they think, okay, donald trump is gone. why is this still taking place among the rest gop? so they have concerns about whether or not we're going to last as a democracy and a leader in the world in this. i think joe biden i think wanted, my guess is, wanted to figure out a way to work with republicans but over the course of the last five months, i think he's seeing more clearly and every day, he sees their unwillingness to go i know what some basic principles of democracy like voting, like justice, lying telling the truth. when you're unwilling to do all those things, you don't have a partner. when you don't have a partner you can trust, this is no way you can do it with a partner you can't trust. >> he's saying, look.

not still saying. he's talking about the importance of succeeding with his agenda. getting his agenda passed and that's how we'll come together as a nation. that's not just talking about it. that's like saying, easier said than done. when they're blocking his policy goals, is that realistic? >> look, first, let me say a few things. i think what sees saying, we need to prove that democracies can deliver. that a democratic government can deliver on big things. can solve problems. can move countries forward. because the chinese are all around the world saying that the democratic experiment is over. so that was his point. i hear you guys talk. we always come to the same place. you're talking about whether bipartisanship can work.

the real question will bipartisanship work? he needs 50 votes to get things done and that's the obstacle that he faces. obviously, he faces tremendous obstacles. every is frustrated and says, go it alone. just do it democrats only. he doesn't have the 50 votes height now. part of the way he gets those 50 votes is xaufgt, at least in the next few wheeze, exhausting on the infrastructure issue. exhausting the possibility so he can go back to a mansion, a cinema, and say, we did it your way, i sat at the table and it just didn't go anywhere. and knew we either move the country forward or we don't. and i think that's what he's been working for. if he can't get a deal, he wants

to use it to get his democrats in line so he has 50 votes in the united states senate. >> we're talking about free and fair elections. we're talking about minority rule, possibly, people are undermining, people are being, getting out to vote. allowing people to vote. you are at a rally in texas with beto o'roarke today, talking about making it harder to vote. if we don't protect voting rights, does anything else matter? does anything of this matter? >> well, you know, this was in a small town which is where the blue bell ice cream is. and it was almost 400 people there who all came out of all colors, creeds, races, everyone concerned about this moment. and beto asked me to talk. and one of the things i said at that was we can have a

conversation about guns and we can have a conversation about infrastructure and women's health choices, and we can have conversations about the tax code and a lot of things. you can't have a conversation if you don't have a democracy. so to me the fight for the democracy is the table stakes. yes, it matters and yes, they're of great concern. if we lose our democracy in this moment, it is a huge, huge loss and i think the president understands that. one other thing i'll say about democracy. democracy is the only way that individual leaders can be held accountability, and that's through the vote. the biggest concern i have in all these bills getting passed. it is the potential for numberifications of elections.

the nullify cations. >> i completely agree. we've talked about this offline. the most insidious thing about all these losses they're handing to legislatures and politicians, the right to overrule results of it is the thing donald trump wanted and couldn't get in 2020 that saved us from that election being overturned. i think people need to focus on the most important thing. obviously the abridgements or things that limit voting is egregious. i have a lot of confidence in the american people to fight back on that. if you hand to a bunch of politicians the right to say, no, we won't semithose votes. we're going to only accept votes that please us. then as matthew says, your democracy is done. we really need to focus only. >> i have a lot of faith in the

american people as well. if you have rules that are codified, and it becomes law, what can the people do? it is the law. and they will say -- >> listen. you can pass voter i.d. laws and people, and then you organize them. you make sure that people have voter i.d.'s. it is harder, more laborious. you can cut the hours. for some it will be an egregious burden. you can do those things. but it doesn't matter if people get to the polls and vote if a bunch of politicians have the right to say, we'll disallow the votes. >> then it's law. >> i think, david, he's right on this. in the end, to me, the 2022 election will be more important than what happened in 2020 which i think is incredibly important. the 2022 is an election. it is incouple bent possible every voter out there, even with

impediments, even with the process, even with restrictions. how do we only had the legacy of all those who went before us who died, bled, walked and beaten to vote? how do we honor their legacy? we vote and put people into office that will protect the legacy. in the end, that is where the power relies. so we can have these battles over the legislative stuff which we should. in the end, it will be up to the voters to overcome the impediments that may xiflt and honor the legacy of everyone else that bled before us. >> always a fascinating conversation. mitch mcconnell's new supreme court threat, next.

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mitch mcconnell saying it is highly unlikely he will let president biden confirm a supreme court vacancy in 2024 if the gop wins back the senate in 2022. mcconnell would not commit to what he would do if there was an opening at the end of 2023. so joining me now, former u.s. senator doug jones, a democrat. former commentator scott jennings. a republican, scott -- >> yes, sir. >> i'm just messing with you. >> you know it, brother. >> good evening to both of you. doug, i'll start with you. mcconnell is writing the rules as he goes along. he blocked obama's nominee when they were about eight months before the election but said it was fine for trump to appoint amy coney barrett about a month before the 2016 election. do you think it is a blatant power grab? it's not a power grab. it is just mitch mcconnell being mitch mcconnell. he has written the rules to be in the best interests of his party and his power base.

so it will change, it may change against. i don't think anybody should be surprised about what mitch mcconnell said today. i think most people would have predicted that. it is vintage mitch mcconnell. and the one thing that i do think though, i really believe. in 2020, i think judicial selections and judges motivated democrats. they've had motivation in the past. i don't think that's ever been a there motoring factor for democrats. it was in 2020. so he may have just lit a fire under democrats. >> so scott, mcconnell wouldn't even commit when asked about a supreme court opening at the end of 2023. isn't it completing undermining democratic norms when he refuses to follow through on constitutional duties? >> well, i don't think it makes any political sense for him to give anything to joe biden on a hypothetical question regarding the senate in 2023 when we don't

know who will be in control. we have a lot of runway between now and then. regarding 2024, he's following the same rules he laid out in 2016. if the parties are split between the white house and the senate, there is no confirmation if the party is the sail like it was in 2020, there can be confirmation. that has been the position since the late 1800's. i would expect he would do what he did in 2016. we'll see what happens. so i think he's being really consistent here regarding whether this motivates voters, i think it motivated voters in '16. i think he thought it motivated voters in '20. it is not normally a vote 58t5, a motivating factor. the political implications are vast but i think he's being pretty skin. >> do you think he's being consistent? >> oh, yeah. i said right off.

he's being mitch mcconnell. if you asked may hypothetical question a week ago and said, well, suppose mitch mcconnell is asked this question about the supreme court. what do you think he will say? i could have written that script. and just about everybody in america who has fallen this. and he's right. he is being mitch mcconnell. he is being skin. not rewriting everything. he will rewrite it if necessary down the road depending on the circumstances. i think he has shown that in the past and he will continue to do that. >> doug, 82-year-old justice steven breyer really getting some pressure to retire from a growing number of democrats so biden can fill his spot with a younger liberal justice. this is what congresswoman alexandria ocasio-cortez said. >> to be clear, you do think justice steven breyer should retire at the end of the term. >> you know, it's something i

think about but i would probably lean toward yes. but yes, you're asking me this question. i would give more thought to it. i'm inclind to say yes. >> what do you think? should justice breyer step down? do you remember what happened with president obama and ruth bader ginsberg. that's why president trump got another seat. what do you think? should he retire? >> i think he has to think about this. and there's no question i think mcconnell's statements today will put a little more pressure. justice breyer was ted kennedy's chief counsel when i worked on the senate judiciary 40 something years ago. he's been an amazing supreme court justice. he understands a vote that judicial as well as the political dynamics and he will do what he feels like is in the best interests of the country. and i'm going to trust that judgment of his. i've trusted it ever since i saw him as chief counsel for

kennedy, as a supreme court justice, and i believe he'll do what he believes is in the best interests of the country. >> thank you. that's all we have time for this evening. i appreciate it. new tonight we are learning the trump justice department went after the records of trump's own white house lawyer. what's going to come out next? as in your printer ready for another school year? what's cyan mean? it means "cyan-ora" honor roll. the epson ecotank. no more cartridges. it comes with an incredible amount of ink. just fill and chill.

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the attorney general merrick garland said the justice department will strengthen rules about seeking congressional rules. members of congress and their families. cnn also confirming that former trump white house counsel don mcgahn and his wife's apple records were sought by the justice department in 2018 while mcgauhn was still the top lawye representing the presidency. joining me now, chief legal

analyst jeffrey toobin. good to see you. so make this make sense for me. why would the trump doj investigate and seek the records of the trump white house lawyer? >> well, let's just talk about what's unusual and what's not unusual about this. there have been leak investigations for many years under many different presidents. under president obama, it was very controversial. he obtained, or his justice department obtained the records of 20 phone numbers from the associated press as a leak investigation. a fox news reporter named james rosen, his records. so looking at journalists, it is controversial but it wasn't invented by donald trump. what makes this so unusual, if you look at the people who were targeted, the journal. is including our colleague barbara starr, the members of congress, eric swalwell, adam schiff and even don mcgahn, what they in common is they created

political problem for president trump. it is not, it appears, any sort of national security issue. don mcgahn had all the clearances. he was someone associated with news stories in question, the mueller investigation that were very damaging for the president. so you could see how he would go after mcgahn for possibly leaking to the "new york times." that's not what these investigations are supposed to be about. they're supposed to be about national security, not partisan advantage. that's what these appeared to have in common. >> all right. i'm with you. you talked about it. you mentioned don mcgahn. these subpoenas are adding up. don mcgahn, schiff, swalwell, staffers on the hill, news outlets including cnn. i mean, it is an unprecedented abuse of power.

>> it is so bizarre. it is indicative. don mcgaunl is the white house counsel at the time he is being secretly investigated by the justice department. the white house counsel has access to absolutely all the secrets in the united states government. how could he be somehow a target of the justice department while continuing to function as the white house counsel? it suggests that the president was upset about certain stories in the "new york times." because mcgahn was featured in several stories. particularly those stories people will remember, where it was first reported later confirmed that he was told to fire rob mueller and mcgahn refused. that may well have been the reason why he was targeted by the trump administration. but that's not a national

security issue. that's a political problem for the president. if that's how these justice department investigations are being used, that's a terrible abuse of power. >> you've heard the denials. what do you think the chances are that this could be going on in the attorneys general, would not have been informed about it? >> it is just inconceivable to me. the way it works, i worked at a much lower level. i've covered the justice department. when plr high profile investigations of journalists, members of congress, they raise important separations of power issues about whether the executive branch is even allowed to investigate the legislative branch. certainly the white house counsel. those issues are aired at the absolute top of the justice department. and the idea that jeff sessions, the original attorney general,

bill barr, rod rosenstein, deputy attorney general temperature, all of them claim they never heard about this? you can see why congress wants to get them under oath and get their denials. it just seems to challenge, you know, to strain credulity that no one could have known about these incredibly high profile investigations. >> you are the expert on scotus. you wrote a book on it called the 9. so tell us about, that he this wouldn't move on a biden justice. >> well, it is an incredible power play that is not at all surprising. that doesn't make it any more of an abuse of the constitutional prerogatives of a president to nominate and expect a vote on his nominees for the supreme court.

this is where they have been much more disciplined and caring more. the democrats have never really got outraged publicly or in a sustained way about what mcconnell was doing. if you go back to the 2016 political conventioned, this is while he had stopped merrick garland nomination cold. barack obama, hillary clinton, the vice presidential nominees. none of them mentioned that abuse of power at the democratic convention. because it was not that big an issue for democrats. neighbor now after seeing how significant it is that donald trump got three appointments to the supreme court, including one stolen from barack obama. maybe they're finally opening their eyes. historically, they've been much

more focused on this than democrats. >> thank you. we appreciate it. next, important words and an announcement from my colleague, christiane amanpour. she's got a message that everyone should hear.

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these are all great. and when you get a big deal... you feel like a big deal. ♪ priceline. every trip is a big deal. take this. cnn's chief international anchor christiane amanpour sharing with viewers today that she has been diagnosed with ovarian cancer and she had a really important reason to share her diagnosis. watch this. >> like millions of women around the world i have been diagnosed with ovarian cancer. i've had successful major surgery to remove it and i am now undergoing several months of keep therapy for the best

possible long term diagnosis. i am fortunate to have health insurance through work and incredible doctors who are treating me in a country underpinned by the brilliant nhs. i'm telling you all this in the interests of transparency. but in truth, mostly as a shoutout to early diagnosis to urge women to get all the regular screenings and scans you can, to listen to your bodies, and of course, to ensure that your legitimate medical concerns are not dismissed or diminished. >> well, christiane is right. it is so important for all of us to check in with our doctors and see what diseases we should be screened for. doing just that may save your life. christiane, it is so great to see you back on the air here. the whole team at don lemon tonight along with your colleagues and friends around the world. we are all rooting for you. and up next, president joe biden on the world stage, talking about the state of american democracy. stay with us. this is the greatest idea you'll ever hear.

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