and there you have it- woah. wireless on the most reliable network nationwide. wow. -big deal! ...we get unlimited for just 30 bucks. sweet, i get that too and mine has 5g included. that's cool, but ours save us serious clam-aroonies. relax people, my wireless is crushing it. that's because you all have xfinity mobile with your internet. it's wireless so good, it keeps one upping itself. 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 it today on "the handoff" which we'll release on

thursday. 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 commission. >> but the fcc won't let me be. very interesting, the shift we've had since his time which is where government was chasing him for the same kind of rock n' roll reactionary government posture, now we have a the political right saying no, no, you can't come near social media. you just want to sensor us, even though they're the biggest beneficiaries of the social media platforms in terms of s s >> lies sell. >> 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 a smart guy like ted cruz. at harvard law, he was one of brightest students they ever had. why does he say so many stupid things? because they get him wattage. they are provocative. he gets reach. that's part of this problem. what's being rewarded in society is what they are cashing in on. >> it is power co-opting the little guy. 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 think it should be done through a third party. i don't know if it should be

done through a third party. >> i believe the binary system is exacerbating all of our problems. its time has passed. it plays to all of 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 that in the way the left doesn't want to or can't figure out how to when they're out of power. i believe you need more parties 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 cede 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 writeoffs, 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 would be a formidable faction. >> there is one party that plays closer 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 for the really rich people, right? >> messaging matters. and fear sells. they're coming for you, don. they're coming for you, 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 about being

white. >> 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 paper like tony morrison. >> look at how it's working in virginia. you don't think that's going to echo in the midterms? >> of course. it's all planned. you know that. >> today is a big day for parents. kids getting the strong approval from the fda. here's my appeal to you in government. yes, i know. i give you a hard time on a regular basis, but 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. >> this is how i feel, though. the same thing they told my parents. in order for don to go to school, you have to have the measles and mumps and rubella shots. that's just the easy thing for me. just do it because you're supposed to do it. >> i thought you were talking about when they told you mom you were going to have to repeat the fourth grade for the fourth time. >> 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. a lot going on.

late negotiations going on at the white house where the deadline is looming to push president biden's agenda across the finish line. can they do it? because they've been trying and trying and trying. it may come down to who -- you know who it comes down to. say it with me. joe manchin and kirsten sinema. and their support for the corporate minimum tax. breaking news on the january 6 committee. they're planning to subpoena john eastman. he's a conservative law professor, wrote a memo laying out plans to overturn joe biden's election. this is the president just a little while ago, stumping for terry mcauliffe in virginia as we just mentioned. he's slamming extremism and taking a shot at glenn youngkin. >> extremism can come in many forms. it can come in the rage of a mob driven to assault the capitol.

it can come in a smile and a fleece vest. >> also, listen, i'm going to talk 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 weasel out what they know about one of america's darkest days in history. we don't know who the former 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. >> i've got good reason to believe that a number of them are horrified and scandalized by

what took place on january 6 and they want to do their legal and civic duty by coming forward to explain what happened. >> cnn has learned that the committee is reaching out to two top homeland security officials from the previous administration. chad wolf and ken cuccinelli. the committee is asking them to voluntarily what they know. that as joe biden is refusing to assert executive privilege over a second batch of documents president trump wants to keep under wraps and away from the committee. 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 manning the stop the steal rally right before 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 lawful under the first amendment to protest voter fraud and election theft. proud? proud of a rally pushing the big lie of bogus voter fraud. a rally about overturning the will of the american people. about overturning the election of a duley elected president. 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 the congressman about 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 individual who clearly questioned his own safety, because he wore a flak jacket underneath when he went and spoke. >> 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.

>> 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 pointing to --

attempting to distance himself from other capitol rye yoeters in jail. the judge ordered him not to watch any political news and stay off social media. think of it, come on. that's like 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 deserve a chance. there is only one 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. it puts this whole facebook new this week in the spotlight. 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 maybe bakari, there's something to what he's saying. she's talking about how social media is such a big part how we got to january 6th in the first place. isn't that an admission if you're saying, stay off of 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

communication. 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 industry -- ostracized and black balled and doesn't understand how he's supposed to prosper and operate under the conditions for telling the truth, for 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. but 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 happened on january 6. 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 hutchens on the set of alec baldwin's movie. the d.a. is not ruling out criminal charges. we're going to go live to santa fe, that's next.

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breaking news tonight, word that criminal charges are possible in the death of cinematographer haylana hutchins. she was shot by alec badwin on the set of the movie "rust" in new mexico. the district attorney saying the incident remains under active investigation. a crew member posting a photo could be the last image of hutchins on the set in the puffy jacket. you see that? with headphones, 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 campbell and areva martin.

hello to both of you. josh, the district attorney says they're not ruling out criminal charges. what else do you know about their investigation? >> hi don. we're learning new information about the status of the state investigation here, don. an official with the district attorney's office tells me it's active at this hour. that they have not ruled out any criminal charges. that's important because we have been wondering about that question of liability. will any person or a group of people be responsible for the death of halyna hutchins? an official here with the district attorney's office saying their work continues and trying to sort that out. >> what is your reaction to the possibility of criminal charges in the case not being ruled out? >> not surprised at all, don, given all the information that's coming out, there is allegations that there were bullets on this set because there was lots of ammunition 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've heard all these allegations about the lax safety policies they were not followed and everyone someone that was considered for the job, this amorer has come forward said he didn't take the job because he saw red flags, trouble waiting on the set. all of those allegations are not surprising at all. that the district attorney says everything is on the table. >> those charges, areva, would be for the person who was responsible for the chain of custody for the gun, not necessarily the shooter. because if you look at the history of the movie business, there is a process, right? the actor does not pick up the gun or whoever is supposed to do it. if that was followed. if it wasn't followed, it was that person who did that part of it, not necessarily alec badwin, am i correct? >> i don't want to go there,

don. i don't want to agree with you on that. >> that's according to everybody who 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 rmerr er it's the rmer it's the rmerr er it's the r armorer, it's the person who is in charge of the props. >> 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. i don't think we should be jumping to conclusions at all. >> is that a civil liability and that's not if he's a producer he's in charge of the production? that's not -- >> possibly could be civil but could rise to the level of some kind of criminal culpability. i don't think we should be reaching conclusions about this investigation given it's ongoing and information is coming out daily about what was happening on that set. clearly everybody wants to see alec baldwin exonerated and not held him accountable. >> don't get me wrong, no one

knows exactly what happened. you are speculating just like we are. in the movie business, there's usually a chain of custody and what usually happens on a set. if that did not happen then that would lead the person, that would show you who should be charged. i'm not trying to let anybody off the hook, alec badwin or anyone. if i am on a movie set or in a studio, and we are in a union type of thing, and then someone hands me something and i -- it's not my responsibility as an actor to -- it's not my responsibility. it's a person who is supposed to load it and check it, not the person it gets handed to. that seems like common sense. maybe i'm 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.

in this case, i don't think we should make conclusions of who will or will not be charged until we hear more from the district attorney. i think it's fair to let the investigation be concluded, then we know who will and won't be charged. >> let's speak of what's in the court document, josh. you also obtained these new court records showing a large amount of evidence investigators pulled from the crime scene. perhaps that will helps out in this discussion. what did they find? >> well, they found a treasure-trove of information that they deemed applicable to this investigation. any time there's an incident, especially one involving a death, law enforcement will surround that scene and get a court search warrant to try to seize it for their investigation. we're learning they seized a number of items. there were three pistols that were found, as well as cases of ammunition. there was a fannie pack containing ammunition. and spent shell casings. one thing left unstated in the

search warrant that we obtained is whether or not these were live rounds. authorities surely know at this hour what these pieces of ammunition were, whether they were live or inert, dummy rounds and the like. but there were a lot of them. and to get to the key question about what caused the death, i spoke to an official here who says that their investigation remains ongoing. it could be weeks before we hear from them. but officials say that they are looking to the medical examener to answer that key question that we all have, what was in that we upon? was it debris? was it a live round? we're told the answer to that question is potentially weeks away. but not only this impacts this case. people say why do you focus so much on this one case? this reverberates to other sets around the world, where you have people that are directors, camera operators, that are

entertainment professionals in other areas that want to work on a set that is safe, and you can bet that their bosses are watching this coverage and learning the lessons about what went wrong here. so hopefully a by product is going to be a safer workplace for all these people who work on movie sets across the world. >> the truest thing said, let's let the investigation play out and see what happens. thank you both. give former trump staffers are talking with the committee investigating january 6. and dave chappell speaking out about the controversy about his latest comedy special. >> to the transgender community, i am more than willing to give you an audience. but you will not summon me. i am not bending to anybody's demands.

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so dave chappelle is responding. he is speaking out about the backlash over his latest special where he made jokes about the lbgtq community. this is what he had to say in nashville. >> i want everyone in this audience to know, even though the media frames it that it's me versus that community, it's not what it is. i do not blame the lbgtq for any of this [ bleep ]. this has nothing to do with them. it's about corporate interests to the transgender community. i am more than willing to give you an audience. but you will not summon me. i am not bending to anybody's demands. [ applause ]

if you want to meet with me, i would be more than willing to but i have some conditions. [ laughter ] first of all, you can't come if you have not watched my special from beginning to end. [ applause ] you must come to a place of my choosing and at a time of my choosing. and thirdly, you must admit that hannah gatsby is not funny. remember, in his special, it's called "the closer," he joked about trans women, geneitalia.

he talked about a lot of people in this special and offended a lot of people. joining me now, w.kamu bell. you offend a lot of people in your comedy i'm sure every day. but good to see you. i'm glad you're here. i can't wait 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 comedy is one-way traffic. when a comic stands on stage and talks, they're not asking for your opinion. so he gets to say whatever he wants to say and set the terms of the debate. which means whenever he wants to, he can shift the debate, which is what he did in this new thing he released. i don't know that any of the transgender people in netflix were asking to meet with dave chappelle. now he said it, and we're talking about that when they were talking about creating a

safer work environment and a work environment that supported them better. >> after all the blacklash, he says he wants to set the conditions from hearing the transgender community. he said the real divide is between him and corporate america. he thinks that corporate america should stop bowing to interests, right? what did you think about that? >> i mean, if corporate america didn't bow to interests, i don't know that black people would have the freedoms we enjoy in this country. this is not about corporate america bowing to interests. i would like to be canceled like dave chappelle. he's gotten $20 million for his last specials each. i think he's court thing cancel culture because that's a market. but there's two conversations. what did you think about dave chappelle's special? and how do we create a safer

america for trans people. the dave chappelle special might be part of the conversation but it's not the main part. >> i said look, i'm sure you offend people with your comedy. you don't think you offend people at times? >> of course i do. i think the idea is like, who are you offending and why. dave chappelle talked about the idea of punching up and down. that's an idea i believe in. i only want to offend the people who i think should be offended. that's how i roll. not every comic works that way and i don't think every comic should work that way. but once you offend people, you have to deal with the consequences. right now dave chappelle is hearing from people. but none of the people at netflix are saying take his special down, they're saying we want to create an environment to have a more friendly trans environment. >> there's this underlying tension between black

heterosexual men and the transgender people. here is your special from last year. >> cis gender hetero sexual men like myself, if i'm not hurting or killing nine, there's this idea i'm doing enough. what can men like me do better? >> what do you meal like the cis gender heterosexual role is? >> to tell other men to shut up. to not let that quote unquote locker room talk go. obvious think there's things that could be seen as harder. it's easier to think i'm not getting involved. >> it's not locker room talk, it's violence. >> people getting killed. >> when we're able to laugh at somebody else's humanity being taken away from them, that wasn't a physical act of violence, but it was the precursor, because it's been okay in the minds of the person

who might go and do that thing, or the mind of the person who has a child that might go and do that thing. >> you sat and had a conversation where you were open minded and willing to listen and perhaps change your mind. what would you tell dave chappelle about the conversation you had and why should he do the same? >> i think he really wants to have a conversation with the trans community, especially the black trans community. black trans people feel he wasn't talkingable them, he was talking about white trans community. you don't tell them by telling them you set the date and time and they have to come to you. i went to dallas, the house of rebirth, met with all of them and we had the conversation. and one of the hardest thing for standup comics to do is shut up and listen. that's what i have gotten good at is shutting up and listening. that's not something that every

standup comic or every person wants to do. but each that conversation, they said you have to be willing to call out black cis gender men. that's still difficult for me. talking about dave chappelle, i always wonder what this means when i've offended the g.o.a.t. >> will be, when we discussed this before, just about you coming on, you said oh, my gosh, both of us said, man, i don't know, this conversation, i don't know what to do with this conversation. it can be exhausting. it's important, but, you know, everybody feel s a certain kind of way. is there anything you didn't say? because i really respect your perspective. >> to be quite frank, when i watched dave chappelle's special, it bummed me out because i knew once again it's not -- it's the fans of dave chappelle and the people who

stand with him. we have seen people on the right who are weaponizing his word against the trans community. i don't think that's what dave wants to happen. but in this current political environment, that creates less safety for trans people and specifically black tranps folks. and dave, when trump was elected, said give trump a chance. and later he said oopse, that was a mistake. i am hoping that dave can sit and listen and realize that you don't want your jokes to be weaponized against trans folks, specifically black trans folks who he did not mention. >> that's why we have you on. thank you, sir. i appreciate it. at least five former trump staffers are taking -- or talking to the january 6 committy and they have their eye on a lawyer who tried to plot the way for overturning the election. stay with us.

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so we have more breaking news tonight. the house committee investigating the january 6 riots plans to subpoena john eastman. i want to discuss now with our legal analyst, a former u.s. attorney. always a measure to have you on. john eastman is a critical player to hear from. do you think he will cooperate or follow the likes of steve bannon? >> it's hard to say. what's interesting about john eastman is on the one hand, he was central, as you say, in drawing up this memo that set forth the steps by which former vice president mike pence could overturn the election. there has been some recent reporting from him, on the one hand which he says it wasn't my intention to cause that to happen. someone asked me to write a

memo, i don't remember who that was. and there's other reporting where someone interviewed him and he stood by what he did and said, when asked the question why didn't mike pence follow your instructions, he said mike pence is an establishment republican. signifying he stood by what he had done. so he seems to be back and forth on how he feels about it. there are other witnesses who are thinking about their own legacies and future, employment possibilities and whether or not they want to be associated with this. different people have different motivations. john eastman seems to be mixed. >> so i told our viewers earlier about these five trump staffers meeting with the committee voluntarily. is this a good sign that they are piecing together what was going on inside the west wing on january 6? >> yeah, i think it's a great sign. we keep focusing, i do, others do, on tsteve bannon and whethe he will be indicted.

but there are others who are unnamed who are coming forward, voluntarily. they ish not just sticking their -- they're not just sticking their thumbs in the eye of the committee. again, some of them may not be coming forward to admit culpability of their own, but they might have some understanding of the president's involvement based on statements they overheard him say or other people heard the president say. hearsay is all going to be admissible in this investigation. and the more people they can get to come in without subpoenas, the better for the investigation and for the understanding of the american people. what is about the january 6 committee reaching out to two former trump department of homeland security officials, to voluntarily speak with the comm committee? what light could they shed with all the pressure trump was putting on the agencies? >> yeah, that all depends on what the knowledge is and what they are prepared to say. as we know, with more and more reporting every day, we learn of

more people who are in the circle, more and more people at the hotel, which they named themselves the command center with respect to january 6. we're hearing more about people -- you have other folks interested in what could go on january 6, not just steve bannon and people in the justice department, not just direct advisers to the president, but these two individuals from dhs, as well. so as long as they're prepared to say everything they understood, that's great for the investigation and public understanding. >> thank you. i always appreciate having you on. >> thanks, don. kids are one step closer to a vaccine. we'll tell you when they will be available and how they're different from what adults are getting. stay with us. when you need it most. it's non habit forming and powered by the makers of nyquil. new zzzquil ultra. when you really really need to sleep. ♪

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yaamava'. the fda's vaccine advisory committee voting in favor of recommending emergency use authorization of the 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. dmitry christakis, director of the center for child health, behavior and development at seattle children's hospital and the editor in chief at jama pediatrics. we love having you on doctor. we don't have a long time so let's get to it. if the fda accepts their recommendation and then the cdc approves, shots could be going into kids' arms within weeks. a game-changer for many parents they've been waiting for. >> it is a game-changer. it's a game-changer for parents of young kids.

it's a game-changer for society. but it's all predicated on kiddikids getting the vaccine, which they need to do. don, i've been saying for some time, i think on your show, for almost two years now, that we need to focus on helping kids get their lives back. their lives have been disrupted in very profound ways and we're starting to see the effects of it. we always talked about the mortality associated with covid, right, the deaths. and now we're focused on the fact that deaths are going down. only 1,500 people a day are dying of covid. but let me give you some 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. and as we all know, community college is for many families, particularly low-income families and families of children of

color, their ticket out. it's an essential part of the arc of their lives. this 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 -- >> okay. so in the interest of time, let me move on and ask you this. everything you said is correct. 28 million kids, though, 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 this is a good strategy? >> 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 that we should use schools as vaccination sites the way we did a generation ago for polio. i think we should use schools no the 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, a kind of social contagion component. families getting vaccinated at school will seeing other families like them getting vaccinated. they'll 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, and i hope everybody else does. >> let's hope people follow your advice. thank you very much. i appreciate it. i'll see you next time. one week to election day, and with the key governor's race neck and neck, president biden is hitting the trail tonight. that's next. on sunday night and every night. nyquil severe. the nighttime, sniffling, sneezing, coughing, aching, stuffy head, best sleep with a cold, medicine.

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