be sure to tune in to the all new listen of "this is life with lisa ling." it premieres sunday night at 10:00 on cnn. that is all for us tonight. i'm john berman. the news continues. let's head over to chris for let's head over to chris for "cuomo prime time." -- captions by vitac -- www.vitac.com >>i'm i am chris cuomo and welcome to "prime." the idea of trump exercising executive privilege to avoid scrutiny by the january 6th commission is being reported as if it is a legitimate option. it should not be. and here is why. the facts. trump sent a letter to the national archives today asking to withhold about 40 documents the committee wants citing executive privilege. now, does that exist? yes. a sitting president has that privilege. the key is sitting. trump is obviously out of

office. does that matter? yes. why? two arguments. legally there is zero precedent for a former president getting such protection from their own issuance, from their own issuance, meaning they say, as a former president, i want to exercise this privilege. now, there's a distinction to be made i'll get to in a second. but no precedent of the law recognizing a former president being able to do this. the closest thing to a case on point is what happened in the supreme court against nixon. and that case rejects the idea. why? the privilege belongs to the presidency, which is an office. it does not attach to the person in the office add inif i night m, meaning forever. second we know this not just as

a matter of law but as a matter of practice because to the distinction i mentioned earlier, former presidents have asked sitting presidents to exercise the privilege on their behalf to protect particularly communications or documents. that means in no small irony it is up to president biden to choose whether to protect trump's january 6th communications. and biden said, no way. you deserve a full understanding of what led to an attack on the capitol on january 6th. president biden and the white house said it matters too much to sensor. but for trump this is not about the law. it's not about proper practice. it is about delay. delay by a man who's been working the legal system for half a century. the latest move, his lawyer warned four of his ex-aides not to comply with their subpoenas.

and at least one listened. the january 6th panel put this out earlier. while mr. meadows and mr. patel are so far engaging with the select committee, mr. bannon has indicated that he will try to hide behind vague references to privileges of the former president. we will not allow any witness to defy a lawful subpoena or attempt to run out the clock. and we will swiftly consider advancing a criminal contempt of congress referral. now, if you'll recall, four trumpers got subpoenas. they only mentioned three. they left out scavino. why? because effectively he's been on the lam for the last two weeks dodging being served, although personal service, meaning to him directly, is not really necessary here. of all those four though, bannon has the fewest reasons to not comply. his lawyer put out this tripe that they must accept trump's

direction and honor his invocation of executive privilege. now, this fails twice. first, again, there is no privilege for a former president, which is what trump is, to be exercised by the same. second, bannon wasn't even part of the administration on january 6th. he was a podcast host under indictment, as a matter of fact, for allegedly defrauding trump supporters. remember, trump let him off the hook and pardoned him. so, even if executive privilege did apply here -- and it should not, neither with the others and certainly not with bannon -- because that protection is about a president and key advisers so they can have conversations without fear of exposure. but in 2018, trump said of bannon, steve bannon has nothing to do with me or my presidency. now, that was after they had a falling out, but that's irrelevant. if bannon had nothing to do with

the presidency according to former president trump, how could the privilege argument ever hold up even if privilege existed? so, with privilege waived by biden will the committee follow through on holding bannon in contempt. but i suggest a different question. forget congress. will any of what has, is and will likely come out about trump's savaging the department of justice and its officials move from congress to the doj itself, meaning will attorney general merrick garland take action? it seems trump thinks that there is a chance because he has been swooning over biden's ag lately. >> he's a respected man. he's somebody that has always been highly respected. >> my guess is trump has no idea

who garland was until he became relevant in the supreme court talk. but that's not what matters. what matters is a nice trump is a worried trump. does he have good reason? a better mind, cnn legal analyst ben gensburg, a leading republican election lawyer. good to see you, counselor. >> how are you, chris? >> better than expected. first, do you accept the aforementioned analysis of whether executive privilege can be exercised by trump? >> the privilege clearly rests with the sitting president. sitting presidents often have reason to honor these requests. i think the other factor that comes in here is very much the actual actions that took place on january 6th. they were not official actions in any way. they may have been political. they may have had to do with the past election or the certification of the current election. but they were not official

actions that usually come under executive privilege. >> two points. one, documents. sounds boring to the public. what can be in there that we're not expecting when it comes to january 6th? >> well, one of the big puzzles is what exactly the president was doing during the time from the end of the rally to when the insurrectionists dissipated. and so the official white house documents will include telephone line, contemporary email, perhaps contemporaneous texts. those will provide a fuller picture of what trump and his associates were doing during this terrible time. >> now, i do not mean to disrespect congress, but i really believe if there are any teeth to the situation it only comes from the doj. congress doesn't even have a

great set of tools to enforce subpoenas, do they? >> no. i mean, one of the dirty little secrets about the founding fathers and the constitution and separation of powers is they didn't really provide congress tools to enforce their subpoenas. we certainly saw that with members of the trump administration during impeachment and even saw it with eric holder responding to the republican subpoenas on fast and furious during the obama administration. >> now, two questions. one, do you believe the doj would have anything here to really mine? and how concerned are you about what all this does in terms of undermining the next set of elections? >> i think doj always has powers to investigate crimes. so, if attorney general garland decides that what happened on january 6th is in fact criminal activity worthy of a br

broader investigation and just the indictments against the insurrectionists, he certainly has the authority. but overall there is harm to our elections. it certainly denigrates the trust americans have in the results that take place. you've seen that the actions towards election officials that trump supporters have done is causing many election officials, experienced election officials, to retire. it's sort of like working the refs, chris. the onslaught of criticism of election officials is going to impact people who are trying to do their jobs the right way in upcoming elections. >> i don't know that it's working the refs as much as it's working the scorebook. i saw in your thoughts about this issue, counselor, that you say maybe the best bet is to let trump continue these bogus audits and let state by state

show that everything was okay. but the counterargument is you got lucky in arizona. you had those cyber ninjas. the fact that they didn't figure out how to change the results may have just been good fortune. what if you do an audit in a state like texas and they bring in some outfit that knows how to work the numbers and they show that it was wrong illegitimately? >> i don't think this is about the count so much. there's no way to desert identify the 2020 election. >> but they could undermine confidence in the count. >> well, they've already done that and the question is how you resolve the fact that 30% of the population doesn't have faith in the elections. i think this is almost a give them enough rope to hang themselves situation that in fact every time trump and his supporters have had to prove election fraud, had the opportunity, they failed. whether it was the litigation, their own commission in 2017, the report by michigan senate republicans that debunked all the theories there, the arizona

audit not so much for the counts but for when they said there may be a legal balance. those allegations were so quickly refuted that eventually the truth of the matter, which is that trump has no evidence of systemic fraud has to come out. and perhaps that can convince some of his supporters that they're wrong. and in addition to the supporters, elected republican officials who i think are sort of -- their souls are getting eaten alive having to put up with what trump is saying and supporting. >> lastly, from everything that you've heard so far, what do you believe is the largest risk to trump or any of his people for exposure to the doj because of their activities or communications around the sixth? >> you know, i have to go with the raw fact of armed insurrectionists breaking into the capitol to disrupt the

peaceful transfer of power that undergirds our democracy and what their actions were during that day and in the lead-up to that day, which is why the documents that the government will -- or the house committee will get ahold of can be so crucial in showing that basic violation of the constitution. >> ben ginsberg, always a better mind. thank you for helping the audience understand the situation. i'll speak to you soon. another mysterious investigation. gabby petito. that is the case. she is the victim. brian laundrie is the fiance. and the question is twofold now. been almost three weeks. that is an important line in terms of survivability in a place like this reserve or preserve. more than 80 miles of hiking trail, nearly 25,000 acres of land and swamp and lots of hiding spots.

that is if he's even there. remember the only reason they looked at the preserve is because his parents said that's where he went. what if they weren't telling the truth? what if they were wrong? let's assume they were right like the police are. i've got a rancher here tonight who knows that reserve better than many. why does he think laundrie is anywhere but there. next. a lot of people think dealing with copd is a walk in the park. if i have something to help me breathe better, everything will be fun and nice. but i still have bad days... flare-ups, (cough cough) which can permanently damage my lungs. my lungs need protection against flare-ups. so it's time to get real. because in the real world... our lungs deserve the real protection of breztri.

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talking about mental health it's not a sign of weakness, but really a sign of strength. people sometimes don't want to talk about mental health, they don't want to talk about problems that they might have that aren't physical, but those problems are just as real. i have this disease you know, and it makes it awkward that i have to explain myself or prove myself in certain situations. a lot of times i'm not feeling good or you know not having a good day, but through the music i'm able to have a good day by expressing something that feels good to me that i can pass onto others. one of my favorite phrases to share with not only my kids but anybody is never compare your insides to someone else's outsides. we are creating conversation we are raising awareness and we're kicking the hell out of this stigma saying get away from the people we love the most.

♪ with dexcom g6, i don't have to prick my fingers anymore. this little wearable sends my glucose numbers straight to my phone. you can see your number and where it's heading. and i get alerts before i go too high or before i go too low. the dexcom g6 has helped me lower my a1c. tonight we take a step back because of developments in the gabby petito case. the development, north port, florida police tell cnn that even after brian laundrie's parents reported him missing they still refused to answer questions about gabby petito whose body had not been found. the most damning facts here are when brian laundrie came home, his parents stop communicating with the petito's, even before gabby was reported missing, let

alone found dead. second is that brian laundrie is nowhere to be found. all right. now, investigators never had the chance to talk to brian before he left home without coming back. we're all learning all of this as the manhunt for laundrie continues in florida's carlton reserve. remember they're only in that reserve looking because they found the car after the parents told authorities that's where he said he was going. attempts have been slowed by heavy flooding. a laundrie family attorney says the water in the preserve is receding, which may help the search. i don't know how he would know that, but that's what we're told. north port police say their entire search there was prompted by information provided by the parents, like i said. but since then they've had zero credible tips on sightings of laundrie in the reserve itself. police previously confirmed that a notice was placed on laundrie's abandoned mustang

near an entrance to that reserve, but that mean he definitely drove it there? let's bring in someone who knows the area very well, allen mcewen. he is a florida cattle rancher. he has spent nearly every day at the reserve for 30 years. now that's a portfolio of understanding. first of all, sir, thank you for taking the time. a appreciate. >> yes, sir, thank you. >> now, from what you understand of the situation and what it takes to be in there and stay in there, you say you doubt that brian laundrie could be there. why, sir? >> well, for anybody to go in there any period of time at the time he went in with the flooding we've had, it is just impossible for anybody to survive in there. even to move around in there. like i said, we had a real bad flood that came up, it came all

the way up through there and you have 25,000 acres of nothing but wetlands, completely wet except for the main entrance which is on the power lines, which is dry. s >> so, help us understand. for people who have never been there and don't understand what type of terrain is like. when you've had flooding in an area like that, how much water are you talking about? what does it do to the trails? what does it mean that it's hard to move around? >> well, it's actually -- the real name back in that area is called the big slew. and there's flags out there anywhere from a quarter mile in diameter to some that are a mile in diameter. we call it seven ponds some of us that know the area like that. the whole area is just backed up underwater. you go out there and there's places that's ankle deep with the palmettos still under water, places that are knee deep, up to waist deep and it's mucked,

completely mucked. i've rode horses in there looking for cattle when i've had them get out and you'll be going in there and i'll be walking along and my horses fall slap to their chest into the muck and hard to get out. you sink. >> so, it would be very hard to move, let alone to get very far. and then you have the observation issue. what is the chance that in those kinds of conditions he would have been seen? or do you think nobody was really in there because it was so wet? >> i don't think anybody was in there to begin with. i don't think anybody in their right mind would even go in there to hide if they were hiding. it's too hard to move around in there. you can't -- you can't move around unless you get on the one trail and it's only going to take you straight up the power lines. and you're not going to want to stay on that. you're going to want to get off. and the palmettos and swamps and slag lines, there's just no way. there's no possibly way for anybody to go in there and camp. to find high ground in there, i

know two or three places in there that are very high. i had cows get out last year. like i said once before, i spent five weeks tracing one cow and i found three hyde grounds that the cows were laying up in. but it took me five weeks to catch them. and even when they were running across there, they were sinking and bobbing. i couldn't get to them. my dogs couldn't get across there. >> it's just too -- i get it now. i understand it. and thank you because, you know, for, you know, a lot of people watching the show like me, i've been in these places for work. i wouldn't understand. it looks like a forest. but it's not. it's more of a bog is what you're explaining when it's wet like that. what is the chance that something in there got him, ate him, or hid him? >> well, i don't think anything in there's going to eat him. as wet as it is, everything else has gone to higher ground except alligators and snakes and fish.

and other than that, most -- like i say, when you get out in the wild like that, alligators are usually more scared of you than you are of them. we're not a public golf course where alligators are used to seeing people. you come up on an alligator, nine times out of ten they're going to run from you. the only thing that could get him really is a water moccasin, snakes. we've got a lot of them out there. thing about a water moccasin, they don't run from you. they come after you. one gets you, you can't get out of there, you're dead. and again when you have something dead out there you're going to have buzzards flying everywhere. you can't see buzzards flying anywhere. no buzzards have been flying in any direction in this place at all. >> you keep talking about one trail that follows the power lines s. that really the universal possibility of places he could have walked? aren't there ton of trails through there? >> there's ton of trails but all the trails are under water. again, the trails that people

walk and ride their bicycle on two weeks ago -- it has dried up a little bit now. but there was no way for you to go out there and just go on a natural hike. i mean, people that have been searching for him on four wheelers, people that haven't been out there before and they're sinking their four wheelers. swamp buggies are getting stuck. they can't even travel through there through the palmettos. >> so, your money is on the fact his car may have been there and you don't think he was. >> his car was definitely there. there was no doubt about that. i actually believe somebody drove his car out there, parked his car. and my thoughts, they picked it up on friday and they called the police. they drove the car home and then they called the police. i mean, if my child was missing, i wouldn't have waited until friday if he didn't come home tuesday night. i would have been looking for him then. but when i went out there and

would have found the car, i sure wouldn't have picked up the car and went home and then called the police. i would have called right there on the spot looking for my child. my child is missing. i could care less about the mustang. >> i hear you. i have to tell you, mr. mcmcewe this has been really helpful. i haven't heard anybody lay out the constraints of being in this area and what it would take. thank you for this, sir. >> you're welcome. the palmettos alone are enough to trip you up when you're walking through them and stumbling through them. the mosquitos will carry you off. anybody out there more than a day without mosquito spray would -- you'd go insane with the bugs getting you and everything else. there's just no possible way for anybody to survive out there like that. >> i got it and i appreciate you. i wish you the best and thank

you. >> thank you very much, sir. >> all right. all right. so, now the country and the debt ceiling. everybody's happy because now america's not going to default on her debts. why be happy? they just kicked this back for another fight to come in december. and you have mcconnell saying i'm not going to help you next time, like he helped this time? washington is broken. my next guest can explain better than anyone why congress has gotten this polarized and paralyzed. the professor is back.

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bringsmanship is about taking things to the brink of disaster in order to force leverage and outcomes. it's not something that the senate was known for historically. but it is now.

they just barely avoided disaster after republicans barely scraped together enough votes to help democrats kick the debt limit crisis down the road to december. so, this is going to be back on us before, you know, you can blink an eye, and it'll probably be worse. majority leader chuck schumer is under fire for blasting republicans after the vote. listen. >> republicans played a dangerous and risky partisan game, and i am glad that their brinksmanship did not work. i thank -- very much thank -- my democratic colleagues for our showing our unity in solving this republican manufactured crisis. >> all right. let's dig in on what's happening in this senate dysfunction with the professor, ron brownstein. it's good to see you. >> good to see you. one impassable ron to another. >> well done. well played. well done. let's herd some cows. >> yeah. >> why the senate is so

gridlocked. what happened? >> look, the long term trend, the change in the senate is that it is now more closely divided than it used to be but also more deeply divided than it used to be. chris, it's become very hard for either party to get very far above 50. if you look at this entire century, we've only had three majorities of 55 or more in the last 22 years. in the 20 years before that, there were seven majorities of 55 or more. in the 20 years before that, there were nine majorities of 55 or more. both sides can't get very far above 50, and at the same time it's become harder for either side to get support from the minority for anything that they want to do. so, what that means is that you don't -- you know, you're not very close to 60 on your own, which is what you need to break the filibuster, for everything in reck sill yag. and it's very hard to get the other side to come with you and both of these dynamics really

grow out of the same current, which is that it's become almost impossible for either side to do the other way for president. and since joe biden won 25 states, democrats have 47 of their 50 seats. donald trump won 25 states. republicans have 47 of their 50 senate seats. and basically that means that each side is -- has a hard time getting a solid majority. but given that almost all of the senators from the other party are from states that voted against their presidential candidate, it's hard to get them to vote with them as well. you add all them up and a 60 vote requirement and it doesn't work well. >> especially when you have half the senate is put in office by, like, 18% of the population. so, they are playing small ball with their politics in a way we're not used to the senate doing. so, the big question comes from an enlightened mind such as yourself, the filibuster. do you believe the arguments militate more in favor of keeping, losing or modifying?

>> i think losing or modifying severely. i mean, the idea that the alternate history being spun by kristen sinema and joe manchin that the filibuster encouraging bipartisan consideration never really has been true and it is less true now than ever. as i said, it is almost impossible for a president in either party to get meaningful support from the other side for what he wants to do. almost every senator is elected in a state that votes for their side for president. it's hard to cross party lines. and basically all you are doing at this point is providing the minority a veto. we have a quasi parliamentary system at this point with incredibly high levels of party discipline and very little support from the minority for anything the majority wants to do. in a parliamentary system, you have majority rule. we don't have that. we have a parliamentary system without majority rule because of the filibuster. and that's a model that isn't

replicated anywhere in the world for a good reason. it's a contradiction in terms. and you see it so clearly on the voting rights where joe manchin is basically saying that washington should only respond to the efforts that republicans in red states are making to suppress access to the ballot box if republicans in the senate agree to turn against their party members in the states. the whole logic just kind of falls apart, and i think the filibuster, you know, has been obsolete for a while. it's even more pernicious in this modern environment. >> ron brownstein, appreciate you as always. always a plus to have the professor. be well. have a good weekend. >> thank you. thank you. social media. i'm telling you i'm not objective about it. i'm telling you as a parent, being a parent comes before being a professional and you cannot tell any parent that pays atejs to their kids' lives that social media can't be any better, can't be any safer when

it comes to kids. so, i don't care this has been one of the worse weeks for facebook. it should be. it's just that facebook isn't the only person we should be talking about. now another outage amplifying its problems. and again, these outages, you know, there are some coincidence in terms of distracting from the heat that's on them. they're also the least of their problem. does the government need to regulate? if so, how? and i want to bring in somebody who knows that facebook's not going to fix itself. he was once an adviser to mark zuckerberg. the man is smart, and he is committed. you've got to read the piece he just wrote that's on "time" magazine's cover. this is a guy that can help us figure out what's wrong that we don't even know. next.

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was another outage for facebook today. it wasn't as widespread as the earlier one this week but it shows you two things. one, just how powerful social media is in the fabric of our lives. mixed metaphor. you know what i'm saying. it's so important that we can't ignore it. and also just how big a footprint facebook has, which kind of speaks to whether or not is it really good for one company to absorb that much of the bandwidth of our social media existence? probably grabbed your phone to check because that's how important it is. the race to get everything fixed is not about losing customers. it's about losing their product. that's you and your kids. all right? the safety of our kids and the privacy of our information. that's how they're making their money, okay? this moment went viral a few years ago. but it's telling about how facebook plays with the truth. listen. >> well, how do you sustain a business model in which users

don't pay for your service? >> senator, we run ads. >> run ads. not that they sell ads. what's the difference? because what they sell is the access to you and to a staggering degree our kids. you see what i'm saying? it's not that they're getting money like a magazine or something like that. it's the information. it's the access. and it's what is being put in front of our kids. for example, did you know that for the first quarter of this year, guess what the most popular link was on facebook. take a guess. you're wrong. it was a site link about misinformation that was feeding anti-vax movement. how is that okay? this business model is becoming known as surveillance

capitalism. how is that okay? my next guest knows the reality, okay? he worked in there. he was one of the earliest investors. he understands the business model and the mentality. he's also the author of "zuked," roger mcnami just wrote -- that's his book, but he just wrote this article on the cover of "time" magazine. it's online. you can get it. i'll put it on social media as well. you have to read it. thank you for coming back, brother. i appreciate you. the problem is we don't even know what we don't know. even the bills we're all hoping will fix this are from years ago. and so much of what our lawmakers know about this business comes from the lobbyists from the industry who are among some of the most moneyed ever in existence. what's the chance you get real change? >> well, so, chris, i actually feel more optimistic today than i have in a very long time. and the reason is that the

whistleblower, frances haugen, provided receipts, i mean really serious internal reports at facebook analyzing things that went wrong. and in each case the management team of course said we're going to put profits before people. but the reason it's so important is that the staffs on the various committees in the house and senate recognize that frances haugen has shown them things that we didn't know before so they know that the legislation they have to create is different than the stuff that they've been working on. so, they are feverishly working on this right now. and i would expect between now and early in the new year you're going to see a lot of new bills that come out that look much more like the solutions that we need, which, you know, you and i have talked about this before. it's really about safety. it's about privacy and it's about updating the antitrust laws. and we need legislation in all three areas. and the great thing about that hearing with frances haugen is that in the senate both the republicans and the democrats were on the same page.

and when was the last time that happened? >> i have a buddy who is a tech analyst who very much appreciated what you've had to say on the show so far, loves that we're going to keep it going as a conversation because he said there's so much left to cover. we will. he wanted me to ask. the law is only as good as its enforcement. and government has a very hard time enforcing an industry that it doesn't really understand. he says you think trading is tough to police. this stuff is much harder to police than trading. do you agree? and if so, what's the answer? >> i think it's basically exactly as difficult as trading, which by the way, he's right about the core point. this is really, really hard. the government has always had to deal with complex issues. if you think about the creation of the food and drug administration, the fda, congress knew nothing about the medicine business. but a few members of congress became experts and remained experts. that process began three years

ago after cambridge analytica. i feel like there are people like david cicilline in the house who really understand the issues. there's a bunch of senators who understand issues. and, you know, i'm very hopeful that we'll see good leadership on that part. the real challenge -- and this is where i think your friend is exactly right -- is that this business model isn't just about selling us as a product. it's about using recommendation engines to manipulate our behavior. and that is what's so dangerous. those people who went and attacked the capitol on january 6th, they had been manipulated into believing that that would be viewed as a patriotic act. think about that. these are americans, and i can guarantee you two years earlier they would have never considered attacking the capitol to be a patriotic act. that was manipulation that occurred mostly on facebook. and the things we have to do -- this is the thing you say the government the last 20 years

would not have been able to handle it. but this is a new challenge and we're america. it's like a war. there was a person at "the atlantic" who wrote a thing saying we should view facebook and companies like that, as adversarial countries. so, you're dealing with them the way you would deal with a country you didn't have a good relationship with. and i think that's exactly right. you can't believe anything they say. >> let's do this. let's find out what the lawmaker pro propose to do first and then let's come on and scrutinize where it hits and misses. thank you very much. >> my pleasure. >> to be continued. facebook may be helping to tear us apart, but you know who brings us together, right? wizard of odds. he has the numbers to prove that i may be a debbie downer but i'm not a negative nancy, and we are united in ways we probably never knew. something for you to sleep on. that's a hint. next. irst big investment. worth is a partner to help share the load.

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you want to know the biggest thing that brings left and right together? a lack of sleep. let's bring in the wizard of oz, the host of the new cnn podcast margins of error. he takes on sleep troubles and an interesting solution. break it down for us. first, let's look at a bipartisan problem. how so? >> yeah, it's a bipartisan problem because we're all having problems sleeping. look at this poll that came out last month. what do we see? sleeper insomnia difficulty a few times in the last year. 69% of democrats, 67% of independents, 64% of republicans, these numbers don't surprise me because basically, everyone i speak to has at least some problem sleeping. >> i can't believe the republicans are the lowest when the guy who is head of the party is telling them the country is falling apart every five minutes. all right. couples. they have a particular problem. what is it and how much? >> this is what i love.

let's say you're having problems sleeping in your relationship. what is a potential way we can solve it. how about we actually sleep separately from our partner in a separate room, maybe on the couch. >> is this just old people? >> no. when i did this podcast episode, i was shocked at the number of people that came to me and said there is nothing wrong with this. i do it all the time. i'm afraid to speak out. a quarter of all couples are sleeping separately and it's not just all folks. we need to get past this idea of the "i love liucy" and we'll hae twin beds. households and the size of houses are getting bigger. there are fewer people in the households so you're able to sleep separately and still have comfortable rooms. it's modern couples doing this, not thelucy" of the past. >> why? >> i don't think this will surprise anybody. what's the number one reason? snoring. snoring, 46%.

sick ness at 26%. not a big surprise. maybe your partner is ill and you don't want to catch it. this is what i love. argument and fighting, 15% of the time but also look at this, temperature differential, 10%. i'll tell you why i find that to be interesting. i had a relationship a few years ago where the person i was with and i could not agree on the top in the room. i liked it really warm. she liked it really cold. i was hiding in all the blankets. i said let's just sleep differently. we can have fun together but sleep separately and that way our relationship can sustain itself and you know what? it actually works. sleeping in a acseparate room worked. >> is this the girlfriend from canada? >> no. i had a girlfriend in israel. i know it's difficult for you to believe, christopher. the fact of the matter is some

people enjoy my company and don't all want me for my good looks and get rid of me once the show is number. >> the number i think that is low, the kids one. once you get into the kids' game, remember i told you this. we're not having them in the bed. we're not having them in the bed. this is our space and our thing but it makes them sleep and they get in and they start to become like little baby bruce lees in there kicking you and that gets you out of the bed or to the corner. that's underrated. got to go. this is good. this is why your podcast "margins of error" is a smashing success. new episodes every tuesday when harry gets back from seeing a significant other in canada. we'll be right back with the "handoff." ou can help heal your skin from within. with dupixent adults saw long-lasting, clearer skin and significantly less itch. don't use if you're allergic to dupixent. serious allergic reactions can occur including anaphylaxis, which is severe.

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thank you for watching. "don lemon tonight" with the big star don starts now -- >> no talk friday. >> these sleep numbers -- [ laughter ] >> people not wanting to sleep together left and right. >> i'm about to get in trouble. i'm all for it. well, number one, our schedules are completely opposite. so i come home. i'm not ready to go to sleep i'm yiltly so i have to hang out in the living room or room with the tv on -- >> you do stay up too late and watch tv in bed. both of which -- >> how do you know that? where did you hear that? >> should we tell him? >> you are fool. >> i'm correct, right? >> yes. but because i've always been a night owl but i wake up later, he gets up earlier. moving around, going to the closet and bathroom and dogs. why don't i just sleep in the other room? >> these psychologists will sa