the pandemic of the unvaccinated is surging tonight. the average daily new coronavirus case is up 44% from last week. 72,000 cases, higher than the peak next summer. and the cdc is confirming that 99.99% of vaccinated people have not had a breakthrough infection that resulted in death or hospitalization. and two more officers that responded to the insurrection have died due to suicide. this video shows republican senator ron johnson pushing yet another conspiracy theory about january 6th. >> are you watching this

happening -- okay, you're from the cia? yeah, okay. so you think that the fbi had fully infiltrated them in michigan. i'm saying there's way more to this story. >> i mean, jeez. lord help us. i want to bring in david axelrod. a former obama senior adviser and ron brownstein. i meant that. good evening to both of you. what the hell? david, i'm going to start with you. we had this breaking news about the two officers who, you know, took their own lives after, that's according to their departments, after responding to the insurrection. while republicans like ron

johnson continue to push the conspiracies about january 6th. do they realize how dangerous their words are, and how silly they sound? the silly may not be a strong enough word. >> no, i don't think silly is a strong enough word. we are dealing with rampant conspiracy theories in this country. and there's an audience for them. and when people in positions of responsibility choose to use them, they can have deadly results. and we've seen that and we've seen that and we've seen that. these officers are, you know, their deaths are tragic. you know, we don't know what else was going on. but clearly, you know, we heard from those officers last week, what a traumatic experience it was to be amid this mob. and, you know, the thing that is particularly galling, when you hear people like senator johnson speaking, is that these are the same people who profess to be

champions of law enforcement. and, you know, how disrespectful to traffic in these conspiracy theories after all that we've seen and all that we've lost. so, you know, it's not silly, don, it's more insidious than that. >> ron, i want to talk about the coronavirus pandemic. senior biden administration officials saying they believe there are governors putting their political interests higher than the community's health. do you see it that way? >> sure. and the biden administration has been relatively hands-off on this question. a number of republican controlled states where two things are happening at once. the virus is spreading most

rapidly, and virulently. and this is really going to come to a head on the issue of reopening schools. the education department issued its road map for how to reopen schools. they said kids should be back in-person, but they should follow the cdc guidance and require masks. in ten states, that's not possible. cities like miami, atlanta, dallas, houston, phoenix. parents will have no choice but to send their kids back to school without mandatory masking. so the biden could push back more than they are right now. >> david, do you want to weigh in? >> i agree with ron, this is where the rubber will hit the

road. you will see the school districts and localities engaged in a legal battle with their governors. that may be where the federal government really can weigh in on this. but here, too, you know, you have governors who profess to believe in devolving government to the grassroots, that the government closest to the people is the most important government. that is, you know, where the decision should be made. and they're usurping the authority of local school districts and mayors to make the decisions that they think are in the best interests of their -- of the schoolchildren in those districts, based on the advice they're getting, and on the advice of the cdc. the hypocrisy of that is really enormous. but it's just like the last issue we talked about, you know, they think that there is

poli poli poli poli poli political currency in taking these positions. >> and the former president, barack obama, is having this party, his 60th birthday party. hundreds of people will be gathered. he's getting criticism, saying it could be a superspreader event, even though people will be masked, social distanced, tested, with covid consultants at the party. but is this the right thing to do, when the delta variant is raging in this country? >> first of all, don, i should, you know, he and i have a long relationship that dates back 30 years. i was invited to that event.

and, yes, i can attest to the fact that we were asked if we were vaccinated. tests were required. you know, they're following the guidance as the guidance exists. so, you know, if you're going to go forward with an event like that, do it in accordance with the guidance of the cdc. it's an outdoor event, not indoor. and they feel comfortable moving forward. >> all right. >> can i just, real quick? >> go ahead. >> the world looks a lot different on august 1st than people thought it would on july 1st. a lot of plans look shakier with what we're experiencing. with baseball games, thousands of people in a stadium.

>> lollapalooza. >> and the red states that are rejecting any kind of public health intervention, as long as that is the case, it's not going to stay contained in those cases. it will be hard for the administration to get handle on it nationally as long as it is so out of control in some of these red states. it comes back to the question, can they allow the governors to proceed on this course without confronting them more aggressively than they have so far, whether it's on schools, or masking, or even looking at different kinds of vaccine mandates. >> go on, david. >> i just want to say, look, i think the fundamental question, the reason those states are in the position they're in, is because they're in -- they've trailed the rest of the nation in terms of vaccinations. we know what the answer is. you know, this is, as has been said many times, this is a l

largely, a matter of the unvaccinated infecting other unvaccinated people. there are precautions that can help ameliorate some of the effects, or reduce the possibility. but what we really need are people to say, you know what, we all have to get vaccinated. not just for our own safety and for those we love, but for our neighbors. until that happens, we'll have a continued problem. >> but the vaccinated can still spread, carry the virus and spread it. go ahead, ron. >> the question is, you saw what governor cuomo did today, urging basically facilities to only allow in vaccinated to restaurants and concerts. the question is whether you can get to the level you need solely with carrots, or if the

administration needs to use sticks and further than it's wanted to so far. it's hard to imagine you will get there solely by offering lottery tickets or $100. >> i think everyone should be vaccinated. i think we have a responsibility to get vaccinated, not just to ourselves, but to others. what do you think would happen if there was a national mandate to be vaccinated, and how would you enforce it? >> yeah, i don't think the president actually has -- can mandate that, has the authority to mandate everyone. >> but the question is whether you impose more constraints and burdens on the vaccinated or try to impose more constraints or burdens on the unvaccinated. >> that's got to be the last word. i appreciate both of you. i want to get the latest on the infrastructure bill with

senator jon tester of montana. thank you so much for joining us. i know it's a very busy time for you. you've negotiated the infrastructure plan for months. $110 billion for roads, for instance. you can see everything else on the screen. and i want to know, are you confident that this bill will make it through? >> look, we got 67 votes to get on it. i think we can get that and more once people understand what is in the bill. i'm very bullish that the bill will make it across the finish line in the senate, and hopefully in the house, and hopefully get to the president's desk. >> bullish, that's a strong word. progressives like bernie sanders say there needs to be a larger spending package. but moderates want them separate. it seems like 1,000 things can go wrong. how fragile is it tonight? you said bullish, but is there a

little fragility there? >> of course. it's got to go through the process. and you never know what kinds of games people can play in the senate or the house. but, look, if you look at the bill in its entirety, it does good things for this economy. if we want to remain the leader of the world and an economic power, i think this infrastructure bill is absolutely critical, to have good-paying jobs not only for building the infrastructure, and for generations to come, we need to pass this bill. if we don't want to hand the economic keys of the world over to china, we need to pass this bill. if you want to say, i don't like this sliver, you can, and probably vote against it on those grounds. but the bill creates jobs, maintains our position as the economic power in the world.

>> chuck schumer is hoping to pass it within days. but mitch mcconnell is warning him not to rush it. what do you see as the timeline? >> hopefully we can get it passed by thursday evening. i think that's the goal. but truth be known, we have an august recess coming up. if folks want to stay here and pass this bill and do reconciliation, i'm fine with that. we'll do it. i think it's important for the country. if people want to roll up their sleeves, and get the job done, i'm in that camp. >> while i have you here, i want to get your take on voting rights. at least 18 states have pushed through new laws making it harder to vote. but without changes to the filibuster, it seems like nothing can be done about that. here's what the president said. >> if you agree with the former

president, your old boss, that it's a relic of jim crow. >> it is. >> it's been used to fight against civil rights legislation historically, why protect it? >> there's no reason to protect it other than you're going to throw the entire congress into chaos and nothing will get done. >> all right. >> nothing at all will get done. and there's a lot at stake. the most important one is the right to vote. >> give me your take. do you support a filibuster carve-out for voting rights? >> i think voting rights are important. it's what has really changed in the last 20, 25 years when democrats and republicans both worked to make voting easier. now it seems like one party wants to make it harder for certain sectors. as a democrat, i want to make it easier for everybody to vote. when it comes to the filibuster,

i think it makes it so we have legislation that stands the test of time. in this particular case, if folks are going to weaponize the filibuster and make it so certain people can't vote within our society, maybe we need to take a look at the filibuster. >> i need to ask you about the surge in coronavirus cases. lots of concern around the country. your state has about 44% of its residents vaccinated. what do you do about the people in montana still refusing their shot? >> i think we need to encourage them to talk to their medical professionals to make sure that they do get the shot. we need to involve the faith leaders to make sure that they're telling folks to get out there and get the shot. it's really important. look, the statistics are clear. if you have the vaccination, your chances of going to the hospital or dying are slim to none. if you don't get the vaccination, you put yourself, your family, your loved ones at

risk. i would just encourage everybody to talk to their medical p profe professional, don't believe everything you're reading on the internet, because a lot of it is garbage. get the vaccination, it's safe, free, and effective. >> senator, thank you. >> thanks, don. good to talk to you. hours-long lines at testing centers. record hospitalizations, record cases. florida now the national epicenter of the pandemic. my next guest says it's the governor's fault. and here. which is why the scientific expertise that helps operating rooms stay clean now helps the places you go too. look for the ecolab science certified seal.

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ugh, these balls are moist. or is that the damp weight of self-awareness you now hold in your hand? yeah-h-h. (laugh) keep your downstairs dry with gold bond body powder. coronavirus cases surging across the country. but just five states account for half of all cases.

1 in 5 coming from florida alone. florida hitting new highs in hospitalizations and cases this weekend. and there are long lines to get tested. joining me, miami mayor dan gelber. worried about you guys, and worried about the southern states. it's raging there. you're putting the blame, though, on this surge, directly on your governor, ron desantis. why? >> listen, i'm not putting all the blame on him. but he's the most significant voice in the state. and he's doing, it seems to be, so much to stop local government and really the state from addressing this problem. we had 21,000 positive cases on s saturday, the most in the entire pandemic. he seems to be only taking measures that make it harder for us to address the surge.

he's prevented us from m implementing mask mandates, making vaccine passports illegal, taking control from local school boards to make decisions about kids being masked. and he publicly ridicules the cdc, fauci, and anyone else in a way that undermines everybody's ability to get people vaccinated. and also to get them to wear masks now. it's really become, it feels like we're protecting our residents from our governor. >> just last week, the governor said this. >> i just want to say in florida, there will be no lockdowns. [ cheers and applause ] there will be no school

closures. [ cheers and applause ] there will be no restrictions and no mandatens in the state o florida. >> i assume that's the rhetoric you're talking about when you say you're protecting the citizens from the governor. >> by the way, no one is talking about shutting down, you know, anything. he's creating this sort of false claim in order to just throw red meat. he's made a really nasty political calculation that he's willing to accept disastrous health care consequences in order to just continue to gin these political benefits for himself. all we want to do is promote, and a lot of republican mayors i know, local government officials, who just want to get their residents to be conscious of a healthy lifestyle, at a time when making the wrong decision can be difficult for people.

and he's really just making it hard in order to, you know, do these ridiculous red meat speeches. and the people he's speaking to, he's the governor of florida. he's the most powerful voice in our state. nationally, he's an influential vote. and i believe the people who would probably listen to him the most are likely the people who aren't taking the vaccine at the level they should, or aren't going to wear masks when they need to. he could save thousands of lives, i'm convinced, if he simply took a position that is different than the one he's taking right now. >> how do you feel about governor desantis leaving florida in the middle of this surge to fund-raise in utah last week? >> this whole thing has been politicized. and you've seen it from the beginning. politicizing mask use was just the most absurd thing, politicizing the vaccine, and now doing it again.

when we had a huge surge in our state, and we implemented mask mandates when the cdc said, and it went right down. we started to open up, and he banned mask mandates, and the surge happened again. it's almost like you can watch the surge of hospitalizations to the things that the governor has done. i got along with him at the beginning because i think at the very beginning of this, he was trying to do what anyone in office would do, what do i need to protect people? at some point, i think it's when trump saw how this was a political opportunity, he made it a political opportunity. since then, we've been trying to help residents not with his help, but in spite of his efforts. it's a sorry statement. >> listen, i have to ask you about something that happened there while i have you. ask you about the five miami beach police officers who were charged with battery over a july 26th arrest.

we have some of the surveillance video. i want to warn people, it is a bit violent. here it is. cnn has attempted to make contact with the officers for comment. but is it ever acceptable to see officers treating someone this way? what is the department doing to make sure this doesn't happen again? >> by the way, i mean, you know, i agree. what we did, it happened. and it's not acceptable, obviously. and our chief within hours of this happening, not days later when somebody else discovered the camera, but within hours, the chief relieved the officers of duty, and referred them to the state attorney. within hours, the same day. i believe we've got a very good department, by the way. and i have seen officers de-escalate almost all the time in instances where they're at peril. but you would expect a

department to do what our department did when this happened. quickly, decisively say this is unacceptable. they relieved the officers of duty, and sent it to the state attorney, who within a week or two filed these battery charges. so of course it's unacceptable. i think we did the right thing, and i'll say that this is not who our department is. and i think the best proof of that is how quickly and de decisively we responded to this. >> mayor, thank you. be safe. >> you, too, don. she called him a moron. and now kevin mccarthy is cracking jokes about hitting speaker nancy pelosi, physically hitting her. okay, i don't know what is funny about that. stay with us. ing] ♪ ♪ ♪ ♪

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here are the two battling to the line and allyson felix... simone manuel's above her trying to fight on, and above simone... getting an opportunity to show her stuff. nonstop, displayed at the highest performance level...

finding something and the us takes gold! ♪ dream on ♪ ♪ dream on ♪ ♪ dream on ♪ ♪ dream on ♪ - yes! ♪ ahhhhhhh ♪ ♪ dream until your dreams come true ♪ kevin mccarthy under fire from democrats after joking that it will be hard not to hit nancy pelosi, the house speaker, with the gavel after he becomes speaker in 2022. >> if we win the majority, which i know we're going to, you're all invited. more importantly, i want you to

watch nancy pelosi hand me that gavel. it will be hard not to hit her with it, but i will bang it down. >> joining me now, ana navarro and allison stewart. mccarthy's office is dismissing the complaint. saying he was obviously joking. what do you think about this? >> if it was a joke, it wasn't funny. it was a stupid comment, poorly said. and unfortunately the audience laughed about it. i think he owes speaker pelosi an apology. as for calls for him to step down and resign, it's completely unnecessary. the rivalry between pelosi and mccarthy has heated up, she

called him a moron, and he thought he was speaking off the record with supporters. here's the situation. nancy pelosi is the speaker of the house. she's a powerful person. she's the third in line to be president. she happens to be a woman. so democrats saying he's going after her because she's a woman, this is a political rival making a political statement, he wants to be the next speaker. it's nothing more than that. democrats are trying to raise money off of it. but it's just another step in the ongoing battle between pelosi and mccarthy. >> here's what pelosi's deputy chief of staff tweeted, a threat of violence against someone who was targeted on january 6th from your fellow trump supporters is irresponsible and disgusting. we've heard of people

threatening death of speaker pelosi. i'm not sure why he would even make this joke. he lived through the insurrection. >> apparently, he's forgotten that. i think it was a lame-ass attempt at humor. if anybody wants to see a middle-aged white guy try to be funny, there's plenty of billy crystal and steve martin movies you can rent. this guy, the most offensive part is his butchering humor. but, you know, yes, nancy pelosi called him a moron last week as she was going into her private car, it got caught by a hot mic. that was not a threat of violence. this was a threat of violence. a stupid thing for him to say, amidst the things we've seen in the last six months since january 6th. frankly, if they were both in kindergarten, they would be both

put in time-out. the american people should expect better from the highest level of elected leaders. that being said, i'm having a hard time getting outraged by mccarthy's stupidity and lack of ability to make a good joke because i'm really pissed off at mccarthy white-washing the january 6th commission and saying he didn't have the time to listen to the testimony of the four officers as we learned about more officers committing suicide. more of the officers who responded to january 6th committing suicide. and i'm really pissed off that i'm sitting in miami-dade while mccarthy has allowed most of the republican congress to make a mockery of vaccinations and weaw wearing masks.

there are 17 children five minutes from my house at the hospital, six of them in the icu. i'm angry at his lack of leadership, his irresponsibility, and using of covid for political purposes. forgive me today that i can't get angry about his idiocy, the attempt for a joke. because there's much, much more horrible things that are happening which he has been complicit in. >> alice, do you want to respond? >> i agree with ana on a lot of that with regard to kevin mccarthy is completely wrong to go along with the big lie that the results of the election were flawed. he's completely wrong to not participate in the investigation that speaker pelosi and others are putting forth. he's also completely wrong with to complicit with a lot of the comments and statements that the former president's, really, his

role in inciting the insurrection. that being said, he's laser focused on job number one for republicans, to win back the house and help the senate win back in the midterm elections. in order to do so, he's going to continue to feed red meat to the base and he's going to provide what they appear to be supporting, which is the former president and the big lie. because he wants to get back the seats in the house and he wants to be the speaker. >> can i jump in? >> sure. >> listen, i think you bring up a very good point. he's doing what he thinks the job is, become the speaker of the house and make republicans the majority. but do you think that's the way to do it? do you think they want to, especially in light of a fourth officer we're hearing who was part of the insurrection, committing suicide. is that the right way to do it, what he's doing? >> first of all, news of that today was heartbreaking and news

of any of the deaths as a result of january 6th are heartbreaking, and could have been avoided if we didn't have the insurrection in the first place. in my view, the best way to go about winning back the house is to focus on the policies and get away from the personalities and the false statements of the previous president. bring back the suburban white voters that we lost due to the last president, and keep on the trump, the maga republicans, and keep also bring on the traditional republicans. that's the path forward. but right now, what we're seeing with the maga wing of the republican party, the best way to move forward is the maga way. >> the maga -- >> quickly, ana, go ahead. >> the maga win that mccarthy

has empowered, at the rate they're going, they're going to kill their followers, if they continue with the misinformation k campaign, and looking the other way as people who support them continue exploiting covid. if they want to call every democrat that is breathing a socialist, and use that as a wedge issue, fine. but don't play around with people's lives. that's what he's doing with the january 6th commission, and with the response so covid and vaccination. >> alice, i think a lot of people agree with you about bringing back traditional republicans and conservatives. that would be a breath of fresh air for the country. i'm sure ana could agree with that, because she is a traditional conservative as well. impeached again, really? will there be any consequences for the former president continuing to call a free and

fair election corrupt? and still ahead, simone biles competing just hours from now.

the former president's weaponization of the justice department coming into sharper focus as we learn more about how he pressed top doj officials to falsely declare the 2020

election corrupt. the house oversight committee releasing notes taken by richard donaghue and jeffrey rosen. just say that the election is corrupt, and leave the rest to me and the "r," said trump. the "r" meaning republican there. br preet bharara joins me. these notes are stunning, and we're learning more by the week. just how far trump was willing to go to pressure the doj to undermine the election results. could this be his third impeachable offense? >> i tweeted that half in jest. i think if there had not been two prior impeachment attempts, if he were still in office,

there would be some movement in that direction. because this conduct, by the way, is arguably the most egregious conduct of his presidency. it didn't involve ukraine, it involved trying to weaponize the justice department, which is supposed to be neutral, and to overturn an election. and the current justice department, full of career people, obviously led by a politically appointed process, has made the determination that these notes were to be turned over to the house and senate committees, which means they've made a determination that this conduct was extraordinary, shouldn't be protected under executive privilege, and was in his capacity as a candidate, not as president. and i think that the conduct was

outrageous, and maybe the worst of his presidency. >> he's only been out of office eight months. i can't imagine what more will come out, who knows. trump knows plenty of lawmakers who promoted the big lie. many are still doing it. what if we find out that other lawmakers were involved in the attempts to pressure the doj? >> i don't know. there are some statutes that people are discussing, section 610 of title xviii which criminalizes a federal official from intimidating another federal official into engaging into political activity. arguments could be made that you had a president intimidating people to engage in political

activity through their offices. and your question, whether we'll get to the bottom of that. at the same time that this is going on in the two committees, we have the select committee in the house. and there's a real question about whether or not they will issue subpoenas to fellow members of congress, and whether or not those can be resisted. there's not a lot of precedent for that. and one way to get to the bottom of this is to have them testify. that's preliminary, first is the question of getting to the truth before the accountability. >> rosen telling trump, we're doing our job. much of the info you're getting is false. at another point they said, the doj can't and won't snap its fingers and change the outcome of the election. preet, what could have happened if the dodj was being run by people who didn't push back? >> there is the prospect of

that. some of the notes indicate trump was trying to replace barr's replacement, someone who was more pliable. i shudder to think what would have happened if the place was run by people who were just prepared to do anything that trump asked them to do. and also in the white house counsel's office. some of what we've seen is that don mcgahn, who was no at the end of the day, when asked to do the unthinkable, fire bob mueller, didn't do it. and in this case, these career professionals didn't do it. i'm not saying they should be lauded as heroes, necessarily. because the bare minimum of what's required of someone either at the line level of the doj or at the pinnacle of that department is not to accede to a political candidate's mandate to overturn an election, based on no facts. based on no law. remember, at the time this was happening with these phone calls we are learning about now, there were other private lawyers for

the president. rudy giuliani, sidney powell. sidney powell, i believe, was about to be sanctioned. rudy giuliani, because of his conduct in the representation of donald trump about these very matters that you and i are discussing, has had his law license suspended in two jurisdictions. and i prefer not to think what had happened if they had been acquiescent. >> thank you so much. i appreciate your time. sure, don. >> after pulling out of multiple olympic events, simone biles returning to the competition floor, in just hours. more, next. (struggling vehicle sounds) think premium can't be capable? think again. ♪ (energetic music) ♪ ♪ ♪ ♪ ♪

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in just a few, short hours, gymnast simone biles will return to competition in the tokyo olympics. usa gymnastics, confirming, today, that the four-time gold-medal winner will take part in tuesday's individual balance beam finals, alongside teammate suni lee. it is her last opportunity, though, to compete in tokyo. biles withdrew from the women's team finals, last week, citing mental-health concerns. also, withdrawing from four other individual finals in the games. the 24-year-old, biles, has earned her a reputation as one of the best gymnasts of all time, and we will be rooting for her, come tomorrow. and now. thanks for watching, everyone. our coverage continues. car vending machines. and now, putting you in control of your financing. at carvana, get personalized terms, browse for cars that fit your budget, then customize your down payment and monthly payment. and these aren't made-up numbers.

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