my blood pressure is borderline. garlique healthy blood pressure formula helps maintain healthy blood pressure with a custom blend of ingredients. i'm taking charge, with garlique. thank you for watching, it's time for "don lemon tonight," the big star, don lemon. >> what you got tonight? i heard you talked about facebook. we talked about regulation and i think you had a good idea, it should be sort of an fda, internet communications. >> you said fcc. >> it should be the internet communications. >> the shift we had since his time was where government was chasing him for the same kind of

rock n' roll reactionary government posture, now we have the political right saying no, no, you can't come near social media. you just want to sensor us, even the biggest beneficiaries in terms of mag occnifications. here is the root cause. >> lie cells. >> that's why facebook and a lot of these other guys and the same space plays to those ads, the algorithms tell this makes money. you see smart guy like ted cruz at harvard law, he was one of t brightest students they ever had. because they get him, they are provacative and he gets reached. that's part of this problem. what's being rewarded in society

is what they are cashing in on. >> it's power co-opting the little guys. imagine all the people co-oped with the misinformation and the lies and they would come together, if you got the poor people in america, white, black and brown in america to come together because they have more in common than they have that separates them. imagine the power they have, the entire country would change. you should be done in a third party. >> i believe the binary system exacerbated all of our problems. this time has passed, it plays to all the divisions in society. >> i agree with that. >> it gives one side an easy out when they're out of power to just oppose.

yes, the right weaponizes the way the left can't figure out when they're out of power. i believe you need more party but it's going to be harder. there is no question it's good solution. you can't get term limits because the people in power does not want to seed any of it. >> if you can have a real labor party and i know some people are going to try to attack the idea of oh, that's communism, no. i am talking about people who earn a wage that happens to be the biggest slice of workers in this country and small businesses that don't get treated like big businesses in terms of taxes and right offs even they are the engines of the economy. if there is a party that played to them and their interests and didn't play games with all these different forms of divisions, that's a formidable fashion. >> there is one party that plays close to that but they have not gotten their acts together. that's the democratic party. i find the republicans for the most part in this environment

keep voting against their own interests and supporting people against their own interests. keep supporting people that we say the man, the people who are keeping them down. the people who are cutting taxes and the really rich people. messaging matters. >> fear cells. yes, they are coming for you, don. >> they're coming for you and your ability to spend. they're coming for your kids. they don't want you to live your life the way you want. >> they're teaching your kids all kinds of things. >> forcing them to read black books. >> oh my gosh, they're making the kids feel bad. >> forget about tony morrison being able to craft image through language in a way very few ever had in our history of civilization. it's a black book. you have to read it, whitey. >> very few people can put words on tony morris.

>> look at how it's working in virginia. you don't think that's going to echo in virginia. >> of course. >> kids ttoday is a big day for parents. kids getting the strong approval from the fda. i know i give you a hard time. get the messaging straight, don't talk about mandates, talk about the message of safety. what's the data? why does it show it's okay for kids? why do you believe it's an important decision to get a vaccine when kids don't seem to get that sick? how do you give a parent like me the comfort to know this is more reward than risk for my child. do it, do it consistently and do it everywhere and do it until it makes sense to people or you will lose and this issue will be right in the basket of reasons to fear government along with everything else covid.

>> in order for don to go to school, you have to have the measles and mumps and rubella shots. >> look at you now. >> look at me now. i am still repeating fourth grade because i am talking to you. >> see, that's your problem. you need a bigger star, you got to speak to it like a second grade. >> love you. >> i love you d. lemon. >> we got a lot of breaking news, multiple stories to talk to you about this evening. late negotiations going on at the white house where the deadline is looming to push president biden's agenda across finish line, can they do it? it may come down to who -- you know who it comes down to. joe manchin and kirsten sinema.

breaking news on the committee, the on january 6th, they're planning to subpoena john eastman. he's slamminger mcauliffe and youngkin. >> also, listen, it talked to you a lot more about the committee, right? the january 6th, committee, they are getting their message across and they're not playing. at least five people who worked in the former administration are

voluntarily talking to the committee. they range from junior to senior white house staffers. they're not waiting to be subpoenaed. they're not following steve bannon's lead to weed out the a darkest day of american's history. we don't know who the four staffers are. you can bet the former president is not happy about this development. some of them reportedly believe that they have information worth sharing and others are volunteering to avoid being subpoenaed. >> a number of them are horrified and scandalized of what took place and they want to do their legal duty and come forward to explain what happened. >> the committee is reaching out to two top homeland officials from the previous administration. chad wolf and ken cuccinelli.

the committee is asking them to voluntarily what they know. now i have said it before but you got to wonder what he's trying to hide. you got to wonder why he does not want you to know the truth. but far too many republicans can't handle the truth. they are trying rewrite the history of what happened on january 6th, mo brooks, who tells cnn he has no involvement of planning the attack on the capitol. he says if his staff did he would be proud of them for quote "helping to put together a rally

to protest voter fraud and election theft." proud? proud of a rally pushing the big lie of bogus voter fraud. remember what mo brooks said at that rally? >> today is the day america patriots start taking down names and kicking ass. >> all of that in a "fire pelosi" hat. at least one member of the january 6 committee would like to speak to congress that day. >> i would hope that my colleagues would be proud to come speak and tell his side of the story and to get it on the record. this from an electoral college

who says and clearly questioned his own safety because he wore a flak jacket and underneath when he went to spoke at the ellipse. >> and then there is the qanon space laser congresswoman who would you believe what happened at the capitol was not that bad because it was her words, "just a riot." >> january 6th was just a riot at the capitol. if you think of what our declaration of independence says, it says to overthrow tyrants. >> i mean -- >> just a riot at the united states capitol. was just a riot. five people died. more than 100 police officers injured and 600 people charged with criminal behavior and she's

trying minimize it by calling it just a riot and not to mention this garbage about overturn and overthrowing tyrants. that sounds like an insurrection to me. that's a man charged in the brutal assault of officer fanone is getting out of jail. a federal judge ruling today that thomas cibick deserves house arrest at his parent's home. judge jackson apologized for his action and his attempt to distance himself from other capitol rioters from jail. the judge ordered him not to watch any political news and stay off social media. think of it, come on. he's at a time out. i am sending you to a room, have

a time out . i am taking your phone away. giving you the benefit of the doubt, i think you have earned. i believe you deserved a chance. if you violate my condition, that would be an indication that my trust is misplaced. it kind of puts a whole facebook news. let me just say this. you know -- i will talk a little bit later but i will talk about michael fanone. a federal judge ordering an accused capitol rioter to stay off social media. that's just another example of the role that social media plays in triggering people, right? maybe there should be some lawsuits against social media companies. so she's using that in a legal judgment so to speak than perhaps baby bakari of something

she's saying. she's talking about how social media is such a big part how we got to january 6th in the first place. is that an admission? if you are saying stay off social media. now back to michael fanone, i gotten to know him very well. he's a friend. that's not what this is about. no one should have to endure what he did trying to defend the united states capitol. obviously he's not happy about this. someone tries to take your weapon and your means of communications. really - what he says is that he feels completely abandoned by the system. by the judicial system and by the judge, and by his department quite frankly, he feels os

ostricized and blackballed and does not understand how he's supposed to feel for telling the truth and putting his life on the line, to save not only our democracy but lives. and, you get a time out? i did not get a time out as a child. now, people get a time out. now people who are accused of insurrections or trying to overthrow our government is getting a time-out. that's the reality of what's happening on january 6th. the committee has to unearth the whole truth if we are going to save our democracy. all of this should be looked into. all of it. that's why people say our court system and they say criminal justice reform, it's the court

system as well. reform. there are a lot of new developments tonight and also in the fatal shooting of haylana hutchins, we'll go live to santa fe, that's next. so, you're recalibrating and reconnecting to the environment. seeing yourself as an artist - legitimate and genuine - can be transformational. daddy! for the best audio entertainment and storytelling. audible.

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. breaking news tonight, word that criminal charges are possible in the death of cinematographer haylana hu hutchins. a crew member posting a photo could be the last image of hutchins in the set, right there with the head phones, with tan hat, right? alec baldwin in the background. you see him dressed in a cowboy hat, western hat. i want to bring in josh martin

and aretha. >> gosh, what else do you know about the investigation? >> hi don. the officials tell me it remains active at this hour, they have not ruled out any criminal charges. that's important because we have been wonnedering that question. will any person or a group of people be responsible for the death of haylana hutchins. >> given all the information that's coming out, there is allegations that there were bullets on this set because there was a lot of ammunitions on the set and perhaps crew members were engaged in some kinds of target practice on their down time shooting guns with active bullets in it. if those allegations are correct, i am not surprised at all, we heard all these

allegations down about relax safety policies they were not followed and everyone someone that was considered for the job, he didn't take the job because he saw red flag and trouble waiting on the set. all of those allegations are not surprising at all. the district attorney says everything is on the table. >> those charges, areva, would be for the person who was responsible for the custody of the gun and not necessarily the shooter because if you look at the history of the movie business. the actor does not pick up the gun or whoever is supposed to do it. if that was followed, it was the person who did that part of it and not necessarily alec baldwin, am i correct? >> i don't want to go there, don. i don't want to agree with you on that. >> everybody i have spoken to in the movie business, the actor

never picks up the gun. the actor is not responsible for what's in the gun. it's the armor and the person who's in charge of the props, unless if there is something weird that happens. >> the actor in this case is also the producer on this set, there is a question of responsibility that this producer had in terms of safety protocols on the set. >> is that a civil liability and that's not if he's a producer he's in charge of the production? >> possibly could be civil but could rise to the level of some kind of culpable. clearly everybody wants to see alec baldwin exonerated and not held him accountable. >> don't get me wrong, no one knows what exactly happened. you are speculating just like we

are. if that did not happen then that would lead the person, that would show you who should be charged, i am not trying to let anybody off the hook, alec baldwin or anything. if i am in the studio and we are in a union type of thing and someone hands me something and i am supposed to use and they're in charge of whether or not it should be loaded or not loaded. it's not my responsibility as an actor to -- it's the person who's supposed to load it, not the person who just gets handed to. that seems like common sense but maybe i am wrong. >> yeah, i am not speculating, don. i am simply saying parody what the district attorney has said which is that everything is on the table and she's not ruled out anyone. i know you had experts on and these folks have a lot of experience in what they do. kn in this case, i don't think we

should make conclusions of who will or will not charge. it's clear to let it be concluded and we'll know who's going to be charged won't be charge. >> let's speak of what's in the court document, josh. what did they find? >> well, they found a treasure-trove of information that deemed applicable to this investigation. get a court search warrant to try to seize it for the investigation, we are learning they seize a number of items, there were three pistols that were found as well as cases of ammunition and there was a fanny pack containing ammunition and shell-casings. one thing is whether or not these were live rounds. authority

authorities certainly at this hour would know what these pieces were. we were told there were a lot of them and the key question of what caused the death, i spoke to an official here at the medical examiner's office who says their investigation remains ongoing. it could be weeks before we hear from them. they are looking to the medical examiner to help try to answer that key questions that we all have and that was what was in that weapon? was it a degbris or a live roun? people ask us, don, why do you focus so much on this case? this reverbrate s on other sets. you can bet their bosses are watching this coverage and

learning the lesson of what went wrong here so hopefully a byproduct of this cover will be a safe place for all the thousands of people. >> thank you, areva and josh, i appreciate it. five former trump staffers are talking voluntarily meeting with the committee investigating january 6th. dave chappelle is speaking out surrounding his latest comedy special. >> to the transgender community, i am more than willing to give you an audience. do not summon me, i am not bending to anybody's demands. you'll find a better life. it all starts with the most innovative technology. like the new miracle-earmini, available exclusively at miracle-ear. so small that no one will see it, but you'll notice the difference. and now, miracle-ear is offering a thirty-day risk-free trial. you can experience better hearing with no obligation.

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so dave chappelle is responding. this is what he had to say about the lbgtq community. >> i want everyone in this audience to know, even the media frames it's me verses their community, it's not what it is. i do not blame the lbgtq for any of this [ bleep ]. this had nothing to do with them. it's about corporate interests to the trans community.

i am more than happy to give you an audience. do not summon me, i am not bending to anybody's demands. if you want to meet with me, i would be more than willing to but i have some conditions. first of all, you can't come if you have not watched my special from beginning to end. you must come to a place of my choosing and at a time of my choosing and thirdly, you must admit that hanna gatsby is not funny. >> his special is called "the

closer," he joked about trans women's genitales. he offended many people. joining me now, you offended a lot of people in your comedy every, kamu bell. good to see you, i am glad to hear your perspective. first of all, tell me what you think before i ask all these questions? >> what do i think? there are so many things to think about this. i think that the thing about stand-up commoedy is one-way traffic. he gets to say whatever and he gets to set the terms of the debate. he can shift the debate. yonni of the trans people or

netflix is asking to meet with dave schappelle. now he said it - >> after all the backlash, he says he wants to set the conditions on hearing out from the trans kmiecommunity. the real divide is between him and corporate america. he thinks corporate america should stop bowing to interests, what did you think about that? >> corporate america did not bow to interests. i don't know if black people would have the freedom to enjoy in this country, first of all. >> this is not about corporate america bow to interests. i know he says he's been cancelled or deemed cancelled. i would like to cancel dave chappelle. he gotten $20 million for his last few specials. i don't think he's cancelled.

he's courting this cancel culture because it's a mark. what did you think of his special and how do we create a safer america for trans people? now, the dave chappelle's special may be apart of that conversation but not the main part of that conversation. >> i said to you and i am sure you offended people with your comedy, do you think you offend people? >> of course i offend people. the idea of punching up and down. that's an idea that i believe in. i wanted to offend the people who i think is okay or should be offended. that's how i roll. not every comics work that way. once you offend people, you have to deal with the consequences and right now dave chappelle is hearing from people. none of the people on netflix are saying take his special down. we want you to create an environment where we can feel safer and listen to.

>> there is also this underlying tension between black gender and heterosexual men, last season on your know "united shades," you spoke to people what they can do better. >> if i am not hurting anybody or killing anybody, i am doing enough. obviously we can do more. what can men like me do better? >> let me ask you. how do you think we all live? >> the hardest thing to do is telling a heterosexual man to shut-up. >> that stuff happens more often and easy to let go and oh, i am not going to get involved in this. >> it's not locker room talk, it's violence and people getting killed. >> it's violence when we are able to laugh at somebody else's humanity being taken away from

them. that was not the physical act of violence but it was the precursor to the physical act of violence. it's okay to the mind of the person who may go and do that thing or the mind of a person who has a child that would go and do that thing. >> what would you tell dave chappelle and why should he do the same? >> i think if he really wants to have a conversation with the trans community, specifically the black trans community. he was including black trans folks in the community and dealing with the weight of black in america and being trans. i don't think you do that by telling them you are going set the date and time, you want the conversation to come to you. if you want to have a conversation, you go to them. i went to dallas, that was the house of rebirth, i met with pocahontas and we sat and had a conversation. one of the hardest things to do

is shut our mouth and listen. that's what i gotten good at is shut your mouth and listening. that's not something everybody person or comics want to do. you can see my discomfort. they said you have to be willing to call out black segender men. that's still difficult. i am talking to you about dave chappelle, i have offended the goat. i want you to create a world that's empathetic for trans people and specifically black trans women. . >> just about you coming on and both of you said, man, i don't know what to do with this conversation, it could be exhausting. it's important but you know everybody feels a certain way and everybody is going to say something and is there is anything that you didn't say kamau? i really respect your

perspective. >> when i watched chappelle's special, it sort of bums me out because i knew once again it's the fans of chappelle and the people who stand with chappelle. we have seen people on the right weaponizing chappelle's words against the trans community. that creates less safety for trans people and specifically for black trans folks. dave on "snl" trump was elected he said "give him a chance" and later he came back and said "oops." you don't want your jokes to be weaponize against trans folks and specifically black trans folks. >> that's why we have you on. thank you, kamau bell. thank you. stay with us.

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so we have more breaking news tonight. the house committee of january 6th is planning to subpoena john eastman. i want to talk to a former u.s. attorney, it's always great to have you on. john eastman is a critical player to hear from, do you think he's going to cooperate or follow the likes like steve bannon? >> it's hard to say. on the one hand he was central of what you said and tdrawing a memo. there is recent reporting and

statements from him and on the one hand which he says it was not my intention to cause that to happen, someone asked me to write a memo, i don't know who that person was. there is still other reporting where someone interviewed him and he to do by what he did and said when asked a question, why didn't mike pence follow your instructions, he said well, mike pence is an establishment republican. c he seems to be back and forth and employment possibilities and whether or not they wanted to be so associated with this. john eastman seems to be mixed. >> so, i told our viewers earlier about these fiver trump staffers meeting with the committee solitarilvoluntarily? is this is a good sign? >> yes, it's a good sign.

whether or not bannon is going to be indicted bide the justice department? there are many witnesses including the justice department officials and these staffers were unnamed and coming forward and voluntarily and not just sticking here thumbs in the eyes of the committee. some of them may not be coming forward to admit their cul culpacul culpability of their own. h h hearsay is all come missable. >> what about a january 6th committee reaching out to two former trump department's homeland officials, chad wolf and ken cuccinelli? >> that depends on what the

knowledge is and what they're prepared to say. we learn of more people who are in the circle and more people at the willard hotel which they named themselves at the command center with respect to january 6th, we are hearing more people who knew other folks who were interested of what's going on and what could go on january 6 ot and not just abandon but these two individuals from dhs as well and preparing to say everything they knew and heard and understood, again going back to your first question, that's great for the investigation and public understanding. >> thank you, i always appreciate having you on preet. >> thank you. kids 5 to 11 year olds are one step closer to getting a vaccin

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or book today at aspendental.com the fda's vaccine advisory committee voting in favor of recommending emergency use authorization of pfizer vaccine for kids 5 to 11 years old. pfizer saying that their vaccine is 90% effective against any symptomatic covid for that age group. the vaccine could be available for 28 million children in just weeks, so let's discuss this now with dr. cristokas, director of the center for child health behavior and development and seattle children's hospital and editor-in-chief of "jama pediatrics." we love have you on. let's get to it. if the fda accepts the recommendation and then the cdc approves shots could be going into kids' arms within weeks. a game changer for many parents with young kids. they've been waiting for it.

>> it is a game changer. it is a game changer for parents of young kids, it is a game changer for society, but it is all predicated on kids getting the vaccine, which they need to do. you know, don, i have been saying for some time i think on your show for almost two years now we need to focus on helping kids get their lives back. their lives have been disrupted in profound ways and we're starting to see the feeffects o it. we talked about the mortality associated with covid, the deaths and now we are focused on the fact deaths are going down. only 1,500 people a day are dying of covid. but let me give you other numbers. 500,000 fewer children, young adults enrolled in college this fall than last year. community college matriculation is down 21%, 21% this year. as we all know, community

college is for many families, particularly low income families and families of children of color, their ticket out. it is an essential part of the arc of their lives. it is all happening because of covid. we need to do everything we can to bend the arc and help children and young adults get their lives back and immunizing children -- >> so in the interest of time let me move on and ask you this. everything you said is great. 28 million kids, that's a lot of kids, a lot of shots. the white house is saying that they're going to lean on individual pediatricians to vaccinate kids. do you think they should be implementing a different strategy or do you think it is a good strategy? >> well, i think pediatricians are an important part of the equation because we're a very trusted voice for parents and families. my personal belief is we should use schools as vaccination sites, the way we did a generation ago for polio. i think we should use schools not only because they're convenient for families, because

they're in their neighborhoods and in many cases within walking distance, but because they add, if you will, kind of a social contagion component, right. families getting vaccinated at school will see other families like them getting vaccinated. they will see their kids' friends getting vaccinated, their neighbors getting their children vaccinated. it will really help because part of what we have here is a credibility gap around vaccines. we need to do everything we can to convince people that people like you, people you trust are giving their children the vaccine. i don't have kids that are 5 to 11 anymore. my kids are older, but if i did i would get them vaccinated as soon as i possibly could. i hope everybody else does. >> let's hope people follow your advice. doctor, thank you very much. i appreciate it. i'll see you next time. thanks. >> my pleasure. one week to election day and with key governors' race neck in neck, president biden is hitting the trail tonight. that's next. the history she writes in her clear blue skies.

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