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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. >> it is -- you 're right. good to see people out. we saw some folks this weekend. man, the young people were partying. >> they were. we were jealous. we were jealous. >> you know what? it's good for them. >> sitting around drinking our -- drinking our -- drinking our digest -- >> hey, do you have a probiotic that you can put in my arnold palmer, please? yeah. but i have been watching the situation. you know, we did a story here, a couple weeks ago.

on just the -- all over the country. you know, people going to the supermarkets, the costco, on the planes. but the plane, in particular, is a -- is just very scary. you had someone trying to open the door. they probably couldn't do it because of, you know, how it's -- how it's -- how it's formed and, you know? >> i don't know if he could or he couldn't. people stepped up. >> yeah, because of physics, it would be virtually impossible for him to do it. i don't want anybody to try but, you know, what is happening on airplanes. i think people have -- we are dealing with a lot of mental-health issues. some of it, you know, stemming from the pandemic. and just people with undiagnosed issues. maybe, they docouldn't get to therapy or are afraid, i have no idea. and also, just a lot of angry people, who seem to have lost their manners and what it's like to be a human being. just calm down. mind your business. and keep it pushing. >> a lot of it is people being fomented, also. in fact, would you like me to

break a little news on your show here? >> of course, go for it. >> so, people are fighting on planes. they are fighting facts. they're -- they're fighting with their duties in congress. so we have all of it on the show tonight. we had congressman chris stuart from utah. he, i believed, 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, the qanon kook they have in their ranks, and i said you put your arms around her. he said no i didn't. i said yeah but you have rules about who is in the conference. did you vote to remove her from the conference? listen to what he said, d lemon. >> you put both armed around marjorie taylor greene and you brought her into your conference. that's what you did. >> no, i didn't. i didn't vote for her, in her district. the people in her district -- >> did you vote to have her removed from the committees? >> i, actually, did. >> so? >> can't find the vote, d lemon. reporting that utah's -- all

four of utah's members of c congress voted not to remove her. called the officer, asked for an answer. still waiting. but i don't see any proof that chris stuart voted to remove her from the conference. >> we need to time out, chris stuart, come back in the chambers for a conference. >> in his statement. but he didn't vote to remove her. >> and so, and we're sure about that. we don't know. >> i see no proof of the vote. again, i will give him this. he was critical of what she said, in his statement. but it is a little consistent with the game he was playing tonight, which is the insurrection? it's no worse and, in fact, not as bad as what happened with antifa. qanon? i don't care about them, any more than i do antifa and if you want to look at this, you got to look at that. everything was a balancing test, as if nothing can just be wrong, anymore. it's only wrong, for me, if i can't say that you did something wrong, as well. >> you have to point out the

something else. >> it's just toxic and it's all over. >> it's always the other guy. both sidesery. as i say. this -- listen -- and nothing -- you know, how i feel about that because there are certain things that are happening right now, that is the fault of one party. and there are certain things that are happening right now, that's -- that's the fault of both parties. but certainly, if you are talking about insurrection and if you are talking about just lying to the american people. and co-opting people in exploiting their ignorance and their vulnerabilities, i think there is one party that is doing that right now. and -- and needs to take a good, long look at themselves. i got to run. thank you for breaking the news. saved it for my show. >> i save it for the big show, man. >> how gracious of you? >> i know where i got to make my bones. >> you can pay for lunch next time. >> not saying you paid for lunch, are you? >> we are not saying our other friend paid, either. >> please. he bought you like a used ice cream cone and then he said next lunch is on you. i love you.

>> i love you, too. i will see you later. so this is "don lemon tonight." let me tell you this. usually, you know, when an american president goes overseas, it is to promote and reassure people about 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 c challenges of our time, and deliver for the needs of our people. we have to root out corruption that syphons off our strength. guard against those who would stoke hatred and division for political gain as phony populism. invest and strengthen the 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. the one who would, literally, shove aside other-elected leaders. there -- well, there you go. when he went to summits. when he wasn't cozying up to dictators. the one who rode a wave of phony populism to office. and then, called upon it to try to prevent the peaceful, democratic transfer of power. as the president of the united states, joe biden, prepares for his summit with putin, he is giving the russian leader a preview of how he is going to approach their talks. >> and areas where we don't agree, make it clear what the redlines are. i had met with him. he's bright. he's tough. and i have found that he is, as they say, when we used to play ball, a worthy adversary. >> while the kremlin has,

already, told the white house that how russia deals with putin's political opponents, such as alexei navalny, is an internal matter and not up for discussion. but aides say that biden is almost certainly to bring it up. putin in an interview with nbc news last week, hinting that he may bring up the january-6th insurrection. calling it a case of political persecution. >> translator: they came to the congress with political demands. isn't that persecution, for political? some have been accused of plotting to take over government power. some are accused of robbery. they didn't go there to rob. >> okay. well, do you notice how that rhetoric sounds familiar? really familiar, to some of the excuses that you have heard? those who have said the invention patriots or they were just tourists. they didn't have any weapons. you probably want to think twice, when your message aligns with a russian strongman.

one republican senator, ron johnson, was making excuses, again, this weekend, denying the insurrection happened. there, that 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. and -- and they weren't rioting. they don't -- it doesn't look like an armed insurrection when you have people that breach the capitol and i don't condone it. but they are staying within the rope lines in 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. and as far as the weapons thing, i don't think he is right about that. and we may never know, because a lot of them just were allowed to go back to wherever they lived. no reacarrest, no searching, no nothing.

and what are flags and bear spray and pepper spray? that's not weapons? come on, people. the current president of the united states, joe biden, indicating that he talked about the insurrection with his counterparts of, both, the g7 and nato meetings. and that they were shocked by the violence. also, saying our allies, no americans are good and decent people. we have been asking, on this broadcast, whether president biden truly understands the manager magnitude of the republican opposition that he faces. he gave us an idea of the answer to that just today. >> i -- i think, it is a shock and surprise that what's happened, in terms of consequence of trump's phony populism. has -- 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 -- an -- an investigation because they're worried about being primaried. that's why it's so important that i succeed in my agenda. the agenda, whether it's dealing with the vaccine, the economy, infrastructure. it's important that we demonstrate we can make progress, and continue to make progress. >> phony populism. president biden sees what republicans are doing. but so far, he is not changing his plan. he believes that he can save democracy, with good government. for the people. but is that what the other side has in mind? remember, this was just last week. >> as you look to what the majority leader has in mind for june, it's pretty clear, the era of bipartisanship is over. >> well, that's rich, since mitch mcconnell never allowed bipartisanship, to begin with. and he is now sending a stark

message to biden that, 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 a senate of the opposite party of the president, you have to go back to the 1880s to find the last time a vacancy was filled. so i think it's highly unlikely. >> if you were back, as the senate-republican leader, and i hope you are. and a democrat retires at the end of 20 # 23, in their 18 months. that would be the anthony kennedy precedent. would they get a fair shot at a hearing? not radical but a normal, mainstream liberal? >> well, we 'd have to wait and see what -- what happens. >> what do you think the chances are that mitch mcconnell is going to work on the biden agenda? except, to oppose it? when he is saying things like

that. and about the rule of law? one of the key pillars of democracy. how is that going? we are learning tonight that congressman jeremy nadler, chairman of the house judiciary committee, saying his committee will open a full investigation of the trump justice department's issuing secret subpoenas for the records of members of congress, and journalists, trump perceived as his enemies. the senate judiciary committee will investigate, as well. house speaker nancy pelosi saying the trump administration's behavior is worse than anything richard nixon ever did. >> what the administration did, the justice department, the leadership under the former president, goes even beyond richard nixon. richard nixon had an enemies' list. this is about undermining the rule of law. and for this attorneys general, barr and sessions, at least two, to say they didn't know anything about it. is beyond belief. so, we will have to have them

come, under oath, to testify about that. also, tonight, the fbi warning lawmakers that followers of the qanon-conspiracy theory may carry out more acts of violence in the aftermath of the january-6th capitol insurrection. a threat assessment obtained by cnn suggesting that since many of the qanon predictions have not materialized, followers may try to take action, on their own. against their political opponents and a member of congress who's pushed qanon conspiracies in the past. georgia republican marjorie taylor greene. all of a sudden, apologizing, tonight, on another issue. for comparing covid-mask-wearing rules, on capitol hill, to the holocaust. the apology coming, after she visited the holocaust museum in washington, earlier today. >> and i have made a mistake. and it's really borgthered me f a couple of weeks now and so i

definitely want to own it. the horrors of the holocaust are something that some people don't even believe happened and some people deny but there is no comparison to the holocaust. and there were words 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 like to elevate conspiracy theories. but we played that apology because it's important to amplify the truth, right? which is what she said was wrong. it was ignorant. amplify the truth, especially when we reported you -- to you on the lie. but the truth is anyone who gets elected to represent the people of the united states should be educated about the holocaust. you are an elected official. you represent the people of the united states. you should be educated about the horrific tragedies that can result, when hate and propaganda and violence come together t terrorize people.

and congresswoman greene did not apologize for comparing the democratic party to the nazi party. apparently, for her, that's still fine to do. so, her apology. you should hear it. but you can decide, for yourself, when she is sincere, whether she has learned anything. or whether something else is behind this. the current president of the united states, joe biden, is slamming what he calls trump's phony populism. saying the gop is diminished, fractured. we are going to talk more about it. that's next. >> the republican party is vastly diminished in numbers. the leadership of the republican party is fractured. and the trump wing of the party is the bulk of the party. but it makes up a significant minority of the american people.

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president joe biden talking up the importance of democracy to our global allies. while calling out republicans, here, at home, who have bought in what he calls phony -- into what he calls phony populism. the president saying that the way forward is to get through his agenda. even though the gop has given no indication it will budge on many of his proposals. let's discuss now. cnn political commentator, david axelrod is here. as well as matthew dowd, former-chief strategist for

former president george h.w. bush. gentlemen, good to see you. thank you for joining this evening. i am so happy you are both here and i'm so glad i lost my glasses and they just magically showed up in the mail. so you guys just reminded me. now, i can actually read. people are like, what is wrong with don lemon? i'm old. my eyes are not that good. so, i try -- i tried contacts. that didn't work so anyways, i digress. david, i am going to start with you. president biden was -- was on the world stage today. he's been on the world stage. giving a real assessment of american democracy. you know, with our allies who are listening. calling out the gop's phony populism. 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? >> you know, i think he knows what he is up against, don. but right now, he is on the world stage. and what he is up -- you know, donald trump actually made his job so much 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 try and deal with some of the world's problems. and to deal with the -- the challenge of china and the challenge of russia. and that's, all, to the good. but they all have ptsd from their experience with trump. and part of it -- and -- and so, they have confidence in biden. but they want to know that they can have confidence in american democracy, to sustain the commitments that he is making. and so, it's important for him to make the case. that -- that -- that america is back. and that's what he's doing. >> um, matthew, i have had you on and we have agreed on a lot of this. it -- whether, you know, the seriousness, the intensity. is it there, on the side of democrats, including the president, to fight against what is happening on the right? biden is suggesting that the current phase that we are seeing from republicans is passing. but when you look at how far the gop has fallen, embracing lies on a scale that we have never seen. giving fealty to someone, who --

who tried to undermine democracy. is it -- is it -- is it just a passing moment? >> no, it's not a passing moment. i mean, we're -- we're -- i mean, we're -- was the civil war a passing moment? i mean, our country went through heck over it. you wouldn't call that a passing moment. i don't think this is. the republican party, as you and i have talked before about, is gone as what we knew before. one of our two legacy parties has become a party that is anti-democratic and autocratic. and that's the party. and i -- in my view, i understand world leaders' questions about america, in this moment. because i think they look at it, and they think, okay, donald trump's gone. why is this still taking place, moop among the rest of the gop? and so, they have concerns about whether or not we can -- we're going to last, as a democracy and 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 the republicans. but over the course of the

last-five emonths, i think he's seeing more clearly. and every day, he sees their unwillingness to sort of go along with some basic principles of democracy. like voting, like justice, like law, like telling the truth. and when you're unwilling to do all those things, you don't have a partner. and when you don't have a partner you can trust, there is no way you can reach bipartisanship with a partner you can't trust. and that's the place we're at -- we're at right now. >> yeah. and look, david, he is still saying -- look. i won't -- not still saying -- he -- he is talking about the importance now of him succeeding with his agenda. getting his agenda -- agenda passed. and that's how we'll come together, as a nation. look. that's not just, like, talking about it. that's another way of saying, easier said, than done. but when republicans are in lockstep, blocking his policy goals. is that realistic? >> look. first of all, let me say a few things. i think what he is saying, don, is that we need to prove that democracies can deliver. >> uh-huh. >> that a democratic government,

not an autocratic government, but 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. and so, that -- that -- that was his -- that was his point. but, you know, i hear you guys talk, and we always come to the same place. which is, you know, you are talking about whether bipartisanship can work and the real question is will partisanship work? because he needs 50 votes to get things done and that's -- that's the obstacle that he faces. obviously, you know, he faces tremendous obstacles that republicans are putting in his place. and so, everybody's frustrated and says, go it alone. just do it democrats only. but you got to get to 50. he doesn't have that -- he doesn't have those 50 votes right now. and i think, part of the way he gets those 50 votes is exhausting, at least in these

next-few weeks, exhausting on this infrastructure issue. exhausting the possibilities so that he can go back to a manchin, a sinema, and say we did it your way. we tried it. i hung in there. i stood -- i sat at the table. and it just didn't go anywhere. and now, we, either, move the country forward, or we don't. and i think that's what he's been working toward. i think he would take a deal, if he could get one. if he can't get one, he wants to use it as a cudgel to get his democrats in line so that he has 50 votes in the united states senate. >> look. we are talking about free and fair elections. we are talking about, you know, minority rule, possibly. people trying to -- people are undermining -- undermining. people are being -- getting out to vote. the -- the -- of -- of allowing people to vote. you -- matthew, you were at a rally in texas with beto o'rourke today. talking about voting and how republicans are making it harder to do that. if we don't protect voting

rights, does anything else matter? does any of this matter? >> well, you know, and this was in a small town brenham. and it was almost-400 people who all came out of all colors, creeds, races, of everything you could see. of people concerned about this, in this moment. and one of the things, and beto actually asked me to talk and i talked for a few minutes and one of the things i said at that was, we can have a conversation about guns. and we could have a conversation a about infrastructure. and we can conversation about women's health choices. we can have a conversation about the tax code. we can have conversation about lot of things you can't have a conversation if you don't have democracy. after that, everything else, yes, it matters. and yes, those things are of grave concern. but if we lose our democracy, in this moment, it's a huge, huge, huge loss for the world, and i think the president understands that. but one other thing i will say about democracy. democracy is the only way that

people, individual people, can hold their leaders accountable. the vote is their only way. they can call. they can write. but really, fundamentally, the only way leaders of this country are held accountable is through the vote. and the biggest concern, i have, in all of these bills getting passed. yes, the restrictions on voter rights are awful. is the potential for nullifications of elections. >> absolutely. >> that's the biggest concern i've had. the -- the invitation -- process and nullifications of elections. >> david, you want to weigh in? quickly, please. >> i completely agree and mat and i have talked about this offline. the -- the most insidious things about all these laws is they are handing, to legislatures and politicians, the right to overrule results. it's the thing that donald trump wanted and couldn't get, in 2020. that saved us from that election being overturned. and -- and i really do think people need to focus on the most important thing. obviously, the abridgements or -- or -- or things that limit

voting is egregious. but you know what? 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, you know what? we're not going to accept those votes. we're going to only accept votes that please us. then, as matthew says, your democracy is done. and so, we really need to focus on that. >> listen. i have a lot of faith in the american people, as well. but when -- when -- if you have rules that are cot codified, ex me, what can people do? it's the law, then. >> you can pass -- you can pass voter i.d. laws. and people -- we -- and then, you organize and you make sure that people have voter i.d.s. it is harder, it's more laborious. you can cut back hours and make sure to get your people out during these hours. for some, it will be an egregious -- an -- an egregious burden.

but you -- 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're going to disallow those votes. >> that's what i am saying. yeah. because then, it's law. they can do that. go ahead. go ahead, matthew. >> well, don, and i think -- i think david -- david's right on this. in the end, to me, the 2022 election is going to be more important than what happened in 2020, which i think was incredibly important. the 2022 election. it's incumbent upon every-single voter out there, even with impediments, even with a process, even with restrictions. how do we honor the legacy of all the people that went before us? that died, bled, walked, were beaten, to -- to vote? how do we honor their legacy? we honor their legacy by turning out and voting and putting people into office that are going to protect the democracy. because in the end, that's where -- that's where the power relies. and so, we can have battles over the legislative stuff in this now, which we should. but in the end, it is going to be up to the voters to overcome those impediments that may exist and honor the legacy of

everybody else that bled before us. >> always a fascinating conversation with the two of you, gentlemen. thank you very much. i appreciate it. so, while the president's overseas defending american democracy. the senate-gop leader is at home, rewriting the rules. mitch mcconnell's new supreme court threat. next. some guys go through life thinking, do i smell right now? so, harry's makes a range of deodorants in three levels of protection for every kind of sweater. because we all deserve to go through life with our wings up. introducing the range of deodorants from harry's. not the same.

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the senate minority leader, mitch mcconnell, saying it's highly unlikely he would 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 is former-u.s. senator, doug jones. a democrat. and cnn political commentator, scott jennings, a republican. scott? i'm just messing -- i'm just messing with you. >> you know it, brother. >> good evening, to both of you. doug, i'm going to start with you. mcconnell is -- is writing the rules, as he goes along. he blocked obama's nominee when there were about-eight months before the election. but said that it was fine for trump to appoint amy coney barrett just about a month

before the election. is there -- do you think it's a blatant power grab? >> it's not a power grab. it's just mitch mcconnell being mitch mcconnell. he has rewritten the rules to suit what he believes is in the best interest of his party and his power base. and so, it's going to change. it may change, again, depending on circumstances. so i don't think anybody should be surprised, don, about what -- what mitch mcconnell said today. in fact, i think most people would have predicted that. it is -- it is vintage mitch mcconnell. and the one thing that i do think, though. i really believe, you know, in 2020, i think judicial selections and judges motivated democrats. and they've had motivation in the past. i don't think that's ever been a true-motivating factor for democrats. it was in 2020. so might have just litten a fire under democrat. >> so, scott, mcconnell wouldn't even commit when asked about a supreme-court opening at the end of 2023. is -- isn't it completely undermining democratic norms, when he is refusing to follow through on constitutional dutds?

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 even know who is going to be in control. we have got a lot of runway between now and then. regarding 2024, he is simply following the same rules that he laid out in 2016. if the parties are split, between the white house and the senate, there's no confirmation. if the party is the same, like it was in 2020, then there could be a confirmation. that's been his view of the president going back to the late-1800s. and in 2024, if he is in charge and biden's in the white house. i -- i -- i expect he would do exactly what he did in 2016 and say we have divided government. we will have an election and -- and see what happens. so i think he is actually being really consistent here. regarding whether this motivates voters. i think it motivated voters in '16. interesting to hear senator jones say he thought it motivated democrats, in '20. that's not traditionally been a motivating issue for them but admit that it could be now that

we see just how important the courts are, you know, in so much of our daily lives. so the political implications are vast. but i think mcconnell's actually being pretty consistent on this. >> you think he is being consistent, doug? >> oh, yeah. i said, right off, he is being mitch mcconnell. no -- you know, don, if -- if you'd have asked me a hypothetical question a week ago. and say, well, doug, suppose mitch mcconnell's 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 that's followed this. and so -- and he's right. he is being mitch mcconnell. he is being consistent. not rewriting everything. but he -- 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 that biden can fill his spot with a younger-liberal justice. i want you -- this is what congresswoman alexandria ocasio-cortez told our dana bash. here it is.

>> so, just to be clear, you do think that justice steven breyer should retire at the end of this term? >> you know, i -- i -- i -- it's something i think about. but i -- i would probably lean towards yes. but, yes, you're asking -- you're asking me this question. so i just -- i would give more thought to it but -- but i'm inclined to say yes. >> what do you say? should justice breyer step down? do you remember what happened with president obama and ruth bader ginsburg. she ended up -- and that's why president trump ended up getting another seat. what do you think? should -- should he retire? >> well, i think he's got too thto think about this. and there is no question that i think mcconnell's statements today is going to put a little bit more pressure. but, you know, justice breyer was ted kennedy's chief counsel when i worked on the senate judiciary committee, 40-something years ago. he's been an amazing supreme court justice. he is -- he understands, both, the judicial, as well as the

political dynamics. and he is going to do, i believe, what he feels like is in the best interest of the country. and i'm going to trust that judgment of his. i have trusted it ever since i saw him as chief counsel for ted kennedy. as a supreme court justice. and i think he will do what he believes in the best interest of the country. >> all right. thank you, gentlemen, that's all we have time for this evening. i will see you soon. 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? do you struggle with occasional nerve aches,

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attorney general merrick garland saids that the justice department will strengthen rules about seeking congressional records following the news that the previous administration seized the records of journalists, 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 mcgahn was, still, the top lawyer representing the presidency. so joining me now is cnn's chief legal analyst, jeffrey toobin. jeffrey, good evening, thanks for joining us. so -- so, make this make sense for me. why would the trump doj -- doj investigate and seek the records of the trump white house lawyer? >> well, let -- let's just talk about what's unusual, and what's not unusual about this. you know, there have been leak investigations, for many years. under many different presidents. under president obama. it was very controversial, actually. 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 -- so looking at journalists. it's controversial but it wasn't invented by donald trump. what makes this so unusual is that, if you look at the people who were targeted, the journalists, including our

colleague, barbara starr. the members of congress, eric swalwell, adam schiff. and even don mcgahn. what they, all, have in common is they created political problems for -- for president trump. it's not, it appears, any sort of national-security issue. don mcgahn. you know, had all the clearances. but he was someone who had -- who was associated with news stories in connection with 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." but that's not what these investigations are supposed to be about. they're supposed to be about national security, not partisan advantage. and that's what these appear to have in common. >> all right. i'm with you. so -- but let's talk about it. i mean, you mentioned don mcgahn. these subpoenas, jeff, i mean, they are adding up. the list of subpoenas adding up.

done macgahn. schiff, as you said. staffers on the hill. news outlets, including cnn. i mean, it -- it -- it -- it is an undpreprecedented abuse of p, no? >> well, it's just -- it's so bay c b bizarre and it's indicative of the trump administration because don mcgahn was the white house counsel, at the time, he is being investigated, secretly, 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 -- 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 may remember, where it was first reported. it was later confirmed. that mcgahn was told, by the president, to fire robert mueller. and mcgahn refused.

>> yeah. >> that -- that may well have been the -- the reason why he was targeted by the trump administration. but that is not a legitimate -- that's not a national-security issue. that's a political problem, for the president. and if that's how these justice-department investigations are being used, that's a terrible abuse of power. >> all right. but let's -- you ever've heard d denials. what do you think the chances are, jeff, that attorneys general, excuse me, would not have been informed about it? >> it's just inconceivable to me because, you know, the way the justice department works, i worked at a much lower level at the justice department but i have covered the justice department. i have been part of it. you know, when there are high-profile investigations of journalists, of members of congress. remember, those, also, raise important separation-of-powers issues, about whether the executive branch is even allowed to investigate the -- the -- the legislative branch. and certainly, the white house counsel. those sorts of issues are erred

at the absolute top of the justice department. and the idea that jeff sessions, the original-attorney general. bill -- bill barr, later, the attorney general. rod rosenstein, who was deputy attorney general for most of the time. all of them claim that they never heard about this? you can see why congress wants to get them under oath and get their denials because it just seems to strain credulity that no one could have known about these incredibly high-profile investigations. >> you are our resident expert on scotus. you've written a book on it called "the nine." give me your take on mitch mcconnell saying he probably wouldn't move to confirm a biden justice if they take back the senate in the midterms. i guess we shouldn't be surprised, but what's your take on this? >> well, it is an incredible power play that is not at all surprising. but 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 -- his nominees for the supreme court. but, you know, this is an area where the republicans have been much more disciplined and caring more. you were talking about this earlier in the segment. you know, 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 conventions, this is while mitch mcconnell had stopped merrick garland's nomination cold. barack obama, hillary clinton, their vice presidential nominees, none of them mentioned that abuse of power at the democratic convention because it just wasn't that big an issue for democrats. maybe now, after seeing how significant it is that donald trump got three appointments to the supreme court, including one

stolen from barack obama, maybe democrats are finally opening their eyes to how important these issues are. but historically republicans have been much more focused on this than democrats. >> we shall see. jeffrey toobin, thank you so much. i appreciate it. thank you. next, important words in an announcement from my colleague, christiane amanpour. she's got a message that everyone should hear. 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.

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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 behind sharing 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'm now undergoing several months of chemotherapy for the best possible long-term prognosis. i'm 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 of course in the interest of transparency, but in truth mostly as a shout-out 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. >> 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

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