that's it for me tonight. be back bright and early in the morning. news continues, turn over to don and "don lemon tonight." this is "don lemon tonight," we have breaking news. new revelations about the plot to overturn our free and fair election. plot that exploded into violence at united states capitol on january 6th. i've said it before, that was most visible part, right? but there was a lot more to it. tonight we've new details from the fake electors, that part of the plot. this time in wisconsin. one of the wannabe electors bragging on his podcast how super secret it all was. >> all super secret for security

reasons. we met in a secret location, we waited almost an hour before they took us to the state capital. >> lots of secrets there, going on to lay out how they thought they could get their ballots counted. >> where the outcome would be reversed, our ballots would be sent to washington, d.c., and those would be the ones to get counted. >> thought it would be that simple, send your fake ballots to washington, d.c., and they'll get counted. news on the criminal investigation in georgia on the then president's efforts to overturn the results there. district attorney willis warning she's not playing games. >> this is a criminal investigation, not playing a game. i plan to use the power of the law. we are all citizens, mr. trump,

just as every other american citizen is entitled to dignity, he's entitled to be treated fairly. he will be treated fairly in this jurisdiction but i plan to do my job, get the evidence to give us the truth. i'm not concerned at all about games to delay this. >> outrage is growing over the rnc's completely anti-american claim that what happened on january 6th was, their words, legitimate political discourse. i defy them to call this legitimate political discourse. new video from the doj showing a former police officer who has become a really good friend of mine, michael, being attacked by a crowd and stabbed with a stun gun. mike is going to be here in a minute, we're going to talk all about that. then there is this, a former

marine named ryan nicholls facing eight criminal charges, assaulting officers with pepper spray, pleaded not guilty but blatantly threatening then vice president mike pence. we're not bleeping the profanity, you need to hear it as it happened. what they're calling legitimate political discourse. >> and if you are a patriot then get on board. if you're not, get the fuck out of my way because i'll drag your fucking ass through the street. you want it, fucking got it. pence, we'll fucking drag your ass, too. >> legitimate political discourse, that's what they're calling it. ted cruz trying to defend the

indefensible tonight, telling reporters, i'm quoting here, my take is the press continues to politicize, attack on people engaging in peaceful free speech. there's no doubt there were tens of thousands of people engaged in peaceful free speech that they demonize falsely. like this. >> let me find out, pence. let me find out myself that you treasoned the country. we'll fucking drag your ass, too. >> just last month, ted cruz told the truth, called january 6th a violent terrorist attack and then got his head handed to him on tv by tucker carlson. i digress. there are some republicans standing up for the truth. notably mitt romney. he texted his niece who happens to be chair of the rnc to

express his point of view. >> it could not have been a more inappropriate message, one, to sanction two people of character as they did, but number two, to suggest a violent attack on the seat of democracy is legitimate political discourse is so far from accurate as to the shock and make people wonder what we're thinking. >> we're got more on all of this tonight. it comes as president joe biden meets with germany's leader, as russian troops are massed at ukraine's border. biden vowing if vladimir putin invades ukraine will be swift consequences, including shutting down the multibillion dollar pipeline. >> if russia invades, tanks or troops crossing the border of

ukraine, again, then there will be no longer a nord stream 2, we'll bring an end to it. >> for more on the warning to russia, mj lee and senior fellow max butte. mj, the reporting, president biden warning vladimir putin it would be a gigantic mistake to invade ukraine. what else do he have to say? >> this is a message we have been hearing from president biden for a while now. essentially trying to tell moscow, to tell vladimir putin, if you were to invade ukraine, the severity of the consequences would be extremely grave. something we saw him trying to stress after and before this bilateral meeting he had with the german chancellor. other thing he was clearly trying to stress in this setting was that the u.s. and germany

are on united front dealing with these issues. reason he's talking about this so much with so much emphasis is because there have been questions about germany's commitment to having a forceful reaction and response if russia were to invade. and nord stream 2 pipeline issue is clearly going to remain a sticking point. we saw there was difference in way president biden talked about this issue, saying explicitly again that if there were, obviously couldn't say with specificity how the u.s. can ensure that, but spotlight turned back on the german chancellor, wouldn't make that specific commitment but reverted back to broader statements about being a united front. this is going to raise and continue to not answer questions how united that front is if the german chancellor is not willing to make that specific commitment

even when pressed multiple times on this, don. >> president biden put full support behind germany but the german chancellor wouldn't specifically say he would agree to shutting down the pipeline. let's listen. >> would you commit today to turning off and pulling the plug on nord stream 2? you haven't mentioned it. >> as i already said, we are acting together, absolutely united. >> why won't you explicitly say, russia, if you invade ukraine, we're canceling the pipeline. >> we're taking more steps, all we will do together. >> why won't he say what president biden is saying definitively? >> it's tough issue for germany, don, gets more than half its natural gas from russia. this was one of the big mistakes that angela merkel, the previous chancellor made, was shutting down germany's nuclear industry,

made them more reliant on the natural gas from russia. but i like what biden is doing, trying to bring germany along, praising them in public while twisting arms in private, very different from what the previous u.s. president did. it's a real relief to have a u.s. president once again who doesn't trash our allies. it's not always possible to get on the exact same page but think president biden is largely doing right thing, trying to mobilize a solid coalition of european states and united states to make clear to putin there will be devastating economic consequences to invasion of ukraine. biden is doing other things i think are positive, calling out possible russian provocations, leaking information how russia might start a war, this is

effective information operation on our part to preempt any maneuver that the russians might make. >> pentagon says russia has well over 100,000 troops on the ukraine border, president biden telling americans to get out of the area. listen, i don't know what is going to happen, but had a bad feeling about this all along. is diplomacy failing here? >> clearly diplomacy is failing for one reason only, vladimir putin is showing no interest a negotiated settlement to this crisis he has created out of whole cloth. ultimately it's up to putin to decide if there's war or peace in ukraine. this is entirely under his control. there's no provocation on the part of the u.s., on the part of ukraine or nato, this is a crisis created by russia and it's going to be up to putin to see how he resolves it. so far he's not been interested in diplomatic off-ramp, this is

a dangerous thing as russia continues to build up forces for possible invasion of ukraine. >> thank you both. appreciate it. after everything we saw january 6th, new videos are shocking. talk to former police officer michael fanone about wihat happened to him. new video. don't settle for products that give you a sort-of white smile. try crest whitening emulsions... ...for 100% whiter teeth. its highly active peroxide droplets... ...swipe on in seconds. better. faster. 100% whiter teeth. shop crestwhitesmile.com.

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let's talk about legit malt political discourse. have a seat, everyone, have a seat. want to you experience this with your own eyes. more than 140 republican leaders condemning rnc for censuring and calling it legitimate political discourse as the justice department releases new video that's very disturbing. here it is. >> that highlighted part in the middle is former officer michael fanone who was pulled into the mob, tased in the neck.

in what world is that labeled legitimate political discourse? it is a brutal assault. joining me now, now a cnn law enforcement analyst, good to have you on, sorry you keep having to talk about this, but here we are. this shows the horror you experienced january 6th, rnc saying that that wasn't referring to people who committed violence but do you believe that? >> absolutely not. i didn't experience any political discourse on january 6th. what i experienced was a violent assault carried out by supporters of the former president, incited by the former president. yeah. >> you know, congressman adam kinzinger who was censured for

serving on the committee, trying to get to the truth. what he said, this was cnn earlier today, where we are as country. >> to think someday some militia shows up somewhere to do something, and counter militia shows up, truly at that point that's how you end up in civil war. >> you fear potentially there could be a civil war here in the united states? >> i do. and a year ago i would have said no, not a chance. but i have come to realize that when we don't see each other as fellow americans, when we begin to separate into cultural identities, when we begin to basically give up everything we believe to be part of a group, then you have leaders that come and abuse the faithfulness of the group to violent ends as we saw january 6th, we would be naïve to think it's not possible here. >> proof of that is rioters believe the lies they were being fed and now we have trump

raising the idea of mass protests in his name. do you share the congressman's concerns? >> absolutely. but i have a great deal of respect for adam kinzinger and liz cheney for stepping out of line with their party's position on january 6th. i also see it as inevitable, you know, their initial response was to accept the reality of that day, you saw people like mitch mcconnell and kevin mccarthy call out donald trump, and his responsibility and role that he played in the insurrection at capitol january 6th. and gradually merged into wh whitewashing of the events and when the conclusion was made they could no longer whitewash the events, now they've begun to accept them and own them. and you've seen what i described

earlier today, the rnc becoming the political wing of the oath keepers, 3 percenters and the proud boys. the statement made by ron mcdaniels is outrageous, absolutely absurd and stupid. she should resign immediately. i would call upon her to resign today. otherwise, accept the reality that the republican party is no longer the party of -- at least could call itself the party of law and order. they are the party of insurrectionists, seditionists, and violent assaulters of police officers who were simply upholding their oath in protecting the capitol and the members of congress who were

trying to certify the election. >> mike, let me just -- because you're calling on the head of the rnc to resign. do you understand the weight of that? it's going to say january 6th hero officer michael fanone calls on mcdaniel to resign. it carries a lot of weight, will get a lot of pickup. are you sure of what you're saying? >> i'm just michael fanone, a d.c. metropolitan police officer that responded to the capitol of my own accord, i went there to protect my fellow officers, members of congress and staff and also to protect the institution of congress. and uphold my oath. she's violated hers. fact that she's the head of the rnc and allowed that statement to go forward, the buck stops with her.

she shouldn't hold that office. >> i want you to look again, mike, at this video, former marine ryan nicholls, using a cannister of what they say it pepper spray against officers. also heard in another video going after the former vice president. and language here, very offensive. here it is. >> if pence came, we're going to drag motherfuckers through the streets. you fucking politicians are going to get dragged through the fucking streets, we're not going to have ours stolen, this is the second revolution. >> cut their head off! >> cut their head off! >> hell bent on attacking the former vice president and finally pence came out to say trump was wrong, he could not overturn the election. is that a step in right

direction? at least mike pence, you know, saying right things. >> 13 months later. no. mike pence is unfit to serve the american people. he should just drift away into obscurity. i'm not interested in hearing his thoughts or opinions on whether or not he could overturn the election results, i think he's looking to salvage what's left of his political career, and his reputation. because he knows that inevitably history is going to take a big shit on his head. >> michael fanone. we love -- we like you because we love your candor, and you are who you are. thank you, i appreciate it, mike. >> thanks don. >> thank you. white house says wear them but more states are saying it's time to stop.

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so i just want to say something about the last segment, what the former officer michael fanone said.

i appreciate his candor, don't agree with his words about the former vice president, just in the moment i didn't know how to respond. he's free to think what he wants. he went through insurrection, we did not, he fought for democracy and to save lives. he can say what he wants to say and we love him for his candor, i don't necessarily agree with the language. covid cases plunging from january peak across the united states, down 43% since last week, has some governors taking matters into their own hands as they look past the pandemic. democratic governors in connecticut, new jersey, oregon and delaware backing plans to end mask mandates in schools in near future and in california, governor gavin newsom announcing end to statewide indoor mask mandate over a week.

but if unvaccinated, you still need a mask, newsom says. author of "preventible." thank you, glad you're joining to talk about this. these governors are moving ahead in their own way. vaccination rates are high in these states. but white house still has not put out guidelines for how states should transition out of the restrictions. is it time for the administration to put a plan out there? >> well, look, the facts are great, headed in right direction, as we hoped we would be. still have 300,000 cases now across the country, that's highest since -- higher than any peak prior to omicron. still a lot of cases. i think the governors are hoping that cases continue to drop over february and march. and that during that time period there's an end in sight for now

to some restrictions. these are responsible governors with great vaccination rates, and we all hope they're right. but we're going to have to wait and see for march to know. for now, i personally will be wearing a mask indoors. still don't want to catch a highly contagious disease, even though i'm vaccinated and protected from something serious. >> earlier today, new jersey governor phil murphy was asked what factors he looked at for ending school masking next month. here it is. >> a number of factors, our case count, hospitalizations, positivity rate and rate of transmission, all dropping like a rock, number one. number two, we're making progress with vaccinations of newly eligible groups, including kids. three, we're optimistic that

under 5 group of kids will soon become eligible. fourthly, we know we have a little bit more latitude four weeks from now when it's lifted in little bit better weather and ventilation options. put that together, analyze the data streams and realities, it's pretty clear in our judgment this is the responsible step to take. >> do these sound like reasonable metrics for loosening restrictions? should the white house follow this? >> if you're a governor -- governor murphy is one of the best, a friend, incredibly thoughtful, and right that things are headed into right direction. i also know when things have turned course and not turned out as good as expected if we get another bump, wave or variant, he will level with his state and the public and change course. i think what the cdc is going to

do, continue to look at case count. right now they're right, far too early to say it's time to change course, still have 300,000 cases. but if we continue to see what governor murphy predicts, further into the spring you'll see the cdc start to take action. remember, every time they take action they get criticized because they don't -- say take off masks and five or six months later, something will happen, someone will say aha, they're wrong. they have to do when they think it's right, not jump the gun. >> looming over all this, fear of another dangerous variant that could pop up. how important is it to give people a break from restrictions when cases are low so they're not worn out when you really need to buy in. need the buy-in from everyone. before omicron in the summer, people were -- let go of the

restrictions for masks outdoors, so on, then got omicron variant. should you let up when cases are low? >> absolutely. if i told you with certainty will be another wave next winter and have mild spring or fall in most of the country, spring, summer and fall, and said gee, wear your masks until next winter, that would be really bad advice. so we know how to prepare for these waves when they hit. we know how to -- we have increasing number of tools. still have to talk to the public about the fact that pandemic isn't over and more variants are possible and what to do. but it's more keeping the public prepared, keeping our country prepared. in the meantime we're all hopeful that spring and summer in most of the country can be quite positive. particularly if you're vaccinated and boosted. if you're not, more dangers are

around. >> hope people are listening. appreciate your expertise. thanks so much. >> you got it. we're going to have another conversation that is tough, like last week in regards to whoopi and apologizing. joe rogan has apologized again for a series of comments that some deem as racist slurs as matter of fact, the n word, youuse it a lot. stay with us. lunchables! built to be eaten. welcome to allstate. ♪ ♪ here, safe driving saves more than just your cargo. ♪ ♪ safe driving saves you 40% with drivewise. ♪ ♪

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okay. it's time for that conversation i promised we would have. had it about whoopi, now joe rogan. spotify's joe rogan problem keeps growing. neil young encouraging employees to quit. to the musicians and creators in this world, you must be able to

find better place than spotify. to the workers, daniel ek is the problem, not joe rogan. the latest, there is disturbing language ahead. here it is. >> i never use it to be racist because i'm not racist. but whenever you're in a situation where you have to say i'm not racist, you [ bleep ] up. and i clearly have [ bleep ] up. >> joe rogan's apology tour continues, this time for repeatedly using n-word on his pop popular podcast and staffers at spotify are furious. >> i can't go back in time and change what i said, i wish i could, obviously it's not possible. i hope this can be a teachable moment for anybody that doesn't

realize how offensive that word can be coming out of a white person's mouth, in context or out of context. >> roots of the controversy go way back. >> 270 health experts are calling on spotify to take action. >> antivaccine falsehoods on his show caused neil young to speak out. rogen started the pandemic by touting the value of vaccine s. >> there's so many wackos out there, think that vaccines are a scam or they're dangerous. >> but later changed his tune. >> so would you now with what you know now, and having had covid, would you have wished you had been vaccinated? >> no. >> you almost got vaccinated. >> you i got through it. explained all that. >> you got through it. >> got through covid quickly. >> a group of doctors calling rogen out. neil young and joni mitchell

followed by yanking music off the streaming giant. with pressure mounting, spotify announced it would add content advisories to episodes including rogen's that discussed the pandemic. fans rallied to his defense. >> one of the most popular in the world. >> more to come, twitter account compiled video of. >> the nigger thing. >> saying the word [ bleep ]. >> a few days later, singer india.arie helped it go viral. >> i want to be clear where i stand on this, he shouldn't be even uttering the word. >> delete spotify she added, she's not only one saying so. company under tremendous scrutiny because played $100 million for the exclusive rights to the show.

rogan's apology was not enough for employees. daniel ek says he hears concerns but doesn't believe silencing him is answer. quote, should have clear lines around content but canceling voices is slippery slope. spotify will commit $100 million to make, buy and market content from historically marginalized groups. will that be enough to satisfy? >> brian stelter with me now. thanks for joining us. what struck me here, and want people -- i agree with joe rogan, in the apology. and i want everybody, joe rogan supporters and critics to listen. whenever you're in a situation where you have to say i'm not racist, you f'd up. he said even the clips for him it was hard for him to hear. word is offensive coming out of

the mouths of white people. i agree with that part of it. i don't think joe rogan should be canceled but people have right to criticize him as they have right to criticize you, me, question cnn -- there's a lot more questions for spotify. >> we're in period of limbo, going to find out are the employees and subscribers satisfied with that? are they canceling or does nobody care? great headline in "the l.a. times" summed it up, spotify knows the podcast is hurtful but gosh, there's money to be made and it's about money. it's also about editorial. spotify could say we're going to have -- they don't have involvement. could say we're going to have involvement to make sure the program is not just entertaining, crude and provocative but make sure

someone is helping you make best version of yourself and not making mistakes you made in the past. that's not cancel culture, that's way to improve the content and quality. that's way forward. >> i think we should be having these conversations because everyone is in their own silos. would love to have a conversation with joe rogan, even would go on his show and speak to him -- >> that's news. >> you have to look at intent. intentionality is important and history of person. same with mike pence. mike pence, for a lot of people, didn't do -- wasn't saying right things. but when he had to, he did the right things. and now he's finally saying it. i think that's important for us in this time to meet people where they are, have the conversations. hold them to task. if you don't agree, tell them. i would love to have a conversation with him.

really would. why do white people feel they have to say this word? why do they have to? i think joe rogan is getting at that, finally understands you don't have to say that word. word is very charged, has an extremely heavy history. why do you feel the need to say it? okay, black folks can say it. women call each other skinny bs all the time, i don't have to call them that. they're comfortable saying that, i'm not going to call a woman like that, they're free to use that language because they're in on the joke. do you understand what i'm saying? >> you're saying evolution of rogan is interesting and what we should explore. whether he does that on his podcast, hope his fans can hear about it. cancel culture is often a blunt instrument, black or white thing, when all the interesting stories are in the gray area. >> i don't believe in cancel

culture, people use it, want to say racist, bigoted, homophobic things, sexist things with impunity. it's accountability, if you make a mistake and really apologize, if intent wasn't to harm people, i do think there is redemption. but if you lean into it, don't believe you did something wrong or you have malicious intent and your history shows, that's an issue. i believe in consequences, i have a special guest coming up. india.arie is here. she's pulling music from spotify but doesn't think joe rogan should be canceled. hi india, we'll talk to you on the other side. winner, seven years in a row. in fact, subaru has won most trusted brand for more consecutive years than any other brand.

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♪ grammy award winning musician india.arie takes music off spotify after racist language was used by joe rogan, but she's not asking for him to be canceled. i loved you since the moment i met you. not -- meaning your music. thanks for joining us, you have a nuanced perspective about this and really respect it. you say joe rogan has spurred the protest but it's not about him. what is it about? >> i love you, too, you're about

to make me cry playing that in my intro. it's about confluence of energies. because there is joe rogan, insensitive language around race, there is that. also spotify and their treatment of artists and there's that. i knew about joe rogan's insensitive comments about race before. i'm a podcast listener and heard many episodes. i tuned it out but brought into my world as artist, a working musician, want to get into that tonight, i hope, as working musician always had issues with spotify, now the joe rogan thing and can't -- he's not the reason but the final reason. >> you were a listener and started tuning out. you held your hand up, said you have issue with spotify, you have this and -- what do you

mean by that. explain to the viewer. >> i feel like the average person confuses the culture -- my opinions are nuanced, human beings are. average person confuses celebrity culture with being a working musician. everybody's not on tmz arguing about their kids, that's celebrity culture. avast majority of working musicians, write and produce the songs, multiple people behind all music you hear, even in commercials, multiple people make that music. your favorite songs, kids' songs, "baby shark," somebody wrote all of that stuff and there's been ongoing arguments and trials about now with the

digital streaming platforms how these working artists, us, are paid. it's so low and they say that's just how it is. all right, we need to do more touring. covid hit, touring went away. that's another nuance. it's something we've lived with for long time. trial coming up, still ongoing, how to get the rate to be more fair for a working musician, there's that conversation. then spotify comes in, big payment to this guy that a lot of people find offensive. doesn't matter what his name is. we also find our lack of pay offensive. that is a different conversation. i can tune out on joe rogan, just not listen, but if you bring it into my world, i have to say something.

hope that was clear. >> would it help if joe rogan was ally to the musicians, he makes a lot of money, maybe he can join forces with you to help you get where you want, maybe happy medium since he's highest paid, either him or meghan ore t the obamas, not sure. about what do you think? >> would be a beautiful thing, beautiful when people are allies for each other any realm. i don't expect that, but i have to say i think he did fine job with his apology, said a lot of the things i would want to hear someone said. what stuck out most when he said it's not my word to use. >> right. >> and i think changed behavior is what we're looking for. if it went to allyship, would be

wonderful but changed behavior would be wonderful, too. >> before you go, you said it's not our word to use. i always wonder why so many people want to use that word. especially it seems -- he said white people. find a lot of white guys feel like it's their right to use that word. why can't i use that word, i'm entitled to use it. do you understand? why do you want to say the word? if you want to, say it, but then suffer the consequences of actually saying the word. >> that's it right there. if you're asking me why, i feel like a lot of it has to do with popular culture. this is now another nuanced conversation. it's in a lot of the music. that's why i think it's important for him to say it's not my word to use. i have whole other conversation about it being in the music. anybody who knows my music knows i have strong values, every song, eight albums, always have.

you can imagine where i stand with the use of the word, but also stand in solidarity with the black community, i understand historically why we use it. but explaining that to everyone all the time is not where i want to be, should be able to say just don't. also like i don't think joe rogan is racist for using it, he's insensitive for using it. just don't, you know? >> you are light, and i hope this conversation helps. again, i love you. i think you're amazing for -- you put yourself out there. one of the only people to come out and do that. so i appreciate you. >> thank you. >> hope everyone else stands in your light and would love for joe rogan to become an ally, you should talk. >> would like that. >> thanks india. >> thank you. >> be well. >> you, too. gigantic mistake, president biden's message to vladimir putin, next.

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