thanks for watching everyone. don lemon starts right now. what a treat, don lemon, everyone. >> so i'm always excited to see you but don't be mad >> i have my guard up. what, don? >> there is another, talented, beautiful woman in my life this evening. >> oh. >> erin jackson who won olympic gold the speed skater. >> the speed skater? oh, my gosh. >> she is joining me in just a few minutes. >> she was phenomenal. i'm so glad you are profiling and featuring her. >> yes. >> she didn't get enough coverage with all of obviously the things that over shadowed the olympics. i am so excited to hear about her. she is phenomenal >> i ran into her in the green room and she let me hold the medal so there is her gold medal.

i know you're jealous. you should be. >> i'm actually hating. did you bite it though? you didn't bite the medal did you? can i hold it and then bite it? really don? you can't do that to someone's medal. >> i paid a lot of money for these. these are mine. >> you've always -- what are you talking about? no, no. what you got can't be bought, don lemon. >> great week. >> i've seen that engagement ring. maybe it can. i don't know. beautiful. >> oh, ho. did you hear that? >> it's a beautiful ring. it is a beautiful ring. but i'm hating right now because i actually want to meet her and applaud her and bow down. >> yes. >> because when i'm on ice skates, it's a mess >> i went ice skating for the first time two years ago. i have not fallen. i just jinxed myself. >> i'm from minnesota. one should be horrified.

>> you should have grown up on ice skates >> i did and i still can't do it. solid ground and stilettos is more my style. >> i'll let you go. stick with the roller skates. good-bye. >> what am i tuti? >> only if i can be -- i can't think of the other one. blair. have a great weekend. see you later. this is "don lemon tonight" the president of the united states for the very first time bluntly saying he is convinced that vladimir putin has made the decision to invade ukraine. >> as of this moment i am convinced he has made the decision. we have reason to believe that. >> to be clear you are convinced that president putin is going to invade ukraine, is that what you just said a few moments ago? >> yes i did, yes. >> so is diplomacy off the table then? >> no. until he does, diplomacy is always a possibility. >> a u.s. defense official telling cnn nearly half of

russian forces surrounding ukraine are in attack position. all of the signs are there. all the danger of a russian invasion. very real. here at home more bad news for the former president a federal judge ruling civil lawsuits to hold him responsible for what happened at the capitol on january 6 can go forward and saying and i quote here the president's january 6 rally speech can reasonably be viewed as a call for collective action. the judge going on to say we used repeatedly in this context implies that the president and the rally goers would be acting together toward a common goal. that as the essence, that is the essence of a civil conspiracy. so the essence of a civil conspiracy is what the judge is saying this is a big deal. it comes as there's news from the national archives acknowledging that there were classified documents in the boxes of the former president took to mar-a-lago when he left

washington in disgrace. the archives are talking to the doj about this now about all of it. and there are still records missing including deleted tweets from his personal twitter account. but there's outrage over what happened in a minnesota courtroom today to tell you about. kim potter the ex-police officer who mistakenly drew a gun instead of a taser and shot and killed daunte wright during a traffic stop, sentenced to two years in prison. two years. prosecutors wanted seven years and two months. that's got a lot of people demanding to know why justice doesn't seem to count as much as tears. the tears of kim potter sobbing in court as she apologized to the family of the young man who died at her hands and especially to his grieving mother. >> to the family of daunte wright, i am so sorry that i brought the death of your son. father, brother, uncle,

grandson, nephew, and the rest of your family. to your home, katy, i understand a mother's love and i am sorry i broke your hearts. >> the tears of the judge who sentenced her even referencing former president obama. >> and to those who disagree and feel a longer prison sentence is appropriate, as difficult as it may be please try to empathize with ms. potter's situation. as president barack obama once said, learning to stand in somebody else's shoes, to see through their eyes, that's how

peace begins. officer potter made a mistake that ended tragically. she never intended to hurt anyone. her conduct cries out for a sentence, significantly below the guidelines. >> the judge was swayed by the white woman's tears? her tears over a mistake she says she regrets. daunte wright's mother is a white woman, too, and she says it seems like her tears didn't count for as much. >> this is the problem with our justice system today. white women tears trumps justice. and i thought, my white woman tears would be good enough.

because they're true and genuine. but when they're coerced, coached, and taught by the defense attorney, i guess we didn't have a win in this at all. >> meanwhile, in the courtroom in georgia the defense rests in the federal hate crimes trial of three men convicted of murdering ahmaud arbery, chasing him down and shooting him to death in broad daylight while he was out jogging. more witnesses testifying to the defendants' years' worth of disgusting, casual racism a new york woman testifying about a conversation she had with gregory mcmichael in 2015 saying when she was mentioned, when she mentioned civil rights leader julian vaughn had died mcmichaels replied and this i quote, i wish that guy had been in the ground years ago. and went on a racist rant including this. quote, all these blacks are nothing but trouble. i wish they'd all day. he felt entirely comfortable

saying that to really a near stranger, a woman he had been assigned to drive to the airport. that is how deep the racism runs. then the testimony of a coast guard colleague, a white woman, who says he called a racist slur in 2011 for dating a black man. the witness saying, quote, he called me an n word lover the prosecutor asking can you tell us what n word you are referring to the witness replied quoting the actual slur. we have a lot more to come on this tonight. yes, it is tough to go through that and read that. disgusting. exhausting. right to the sentencing of ex-officer kim potter who was convicted of manslaughter in the shooting death of daunte wright during a traffic stop. an attorney for daunte wright's family is here and joins me now.

antonio, thank you for joining us. appreciate it. >> thank you, don. >> although daunte's family is thankful for this guilty verdict, this sentence is nowhere near what they were hoping for. how are they doing tonight? >> the question is i don't know how they recover. they are disappointed and exasperated by this. they were looking for justice. yes they got the conviction. it was there. but there are two toends this. the fact there was only two years when the maximum could have been 15. the guidelines were 86 months. a little bit over seven years. and to see a downward deviation, extreme deviation by 300% to 400%, they left that courtroom just devastated and disappointed. >> keith ellison attorney general of minnesota initially asked the judge for a stiffer sentence but here is what he just told laura coates.

>> it is important to remember we did earn a conviction. years ago officers weren't held accountable for these kind of things. nobody would have been charged at all. now in these cases that, you know, there is equal justice for everyone who does this conduct and two years is a substantial sentence. it is not what we asked for but it is not a slap on the wrist. it is a substantial amount of time. she will never be a police officer, never able to own a firearm. she will always carry the stigma of being a convicted felon. >> response to that, antonio? >> first of all keith ellison is a hero to the state of minnesota because he has really brought the state to a new level in terms of prosecuting police officers for ones that commit needless crimes such as the one that happened here. the fact that there was a conviction is some solace but you've got to shift the focus

here from kim potter on to the daunte wright family. you see judge choo kept the focus on kimberly potter today how it was tragic, it wasn't intentional about her background, about her future, about the fact that jail won't deter. what about the wright family, about daunte who was a young man with a promising future? what about him? that is where i think we get lost because the focus gets put on potter. of course it is her being sentenced but she is the one who pulled the trigger on the gun. who ended a young, valuable life. >> speaking of the judge. the judge was very emotional and appeared to get choked up while delivering kim potter's sentence and urged people to empathize with the ex-cop. daunte's mom talked about that. listen. >> today the justice system murdered him all over again.

pouring my heart out in the victim impact statement that took so long to write and i reread it over and over again to not get a response out of the judge. when it came down to sentencing kim potter she broke out in tears. >> i'm not sure you were able to hear. were you able to hear what she was saying? >> i was able to hear enough and i certainly have a response if that is what you are looking for because i would like to respond to that. i think what happened was judge chu was in tears putting kim potter in jail because i don't think judge chu wanted to put, wanted to put kim potter in jail at all. i was nearly falling out of my chair listening to judge chu and what she was saying about kim potter. i really thought she'd sentence her to probation. that is where i thought this was

going. and then it was like, well, let's give her two years because she needs sometime. i don't think she wanted to sentence her to any time at all let alone two years. >> is there some sort of reform that is needed for judges or for the court system because a lot of people are out raged by this and have been by what happens with these cases and also with judges and the discretion that they have. >> look, don. i'm an attorney. i've been a lawyer for many years. i have so much respect for the judiciary. i have respect for judicial discretion. i know what a difficult job judges have to do. but when you look at a sort of deviation that is away from 300%, 400%, then all we're asking for is consistency. minnesota had another conviction

of another officer just last year of second-degree manslaughter for what, almost three times the sentence that potter got? of course we know what chauvin got but that was a murder. there seems to be no consistency and we accept the sentence, yes. we have to take keith ellison's words. we accept the sentence. we do not have to agree with it but certainly there needs to be a lot more consistency with the way people are sentenced. >> you mentioned derek chauvin. the judge said this case was far different from manslaughter cases as well as other high profile police killings. he referenced the killing of george floyd saying it was nothing like that but for the wright family, they have lost a son. still lost a son. >> there is no difference to the wright family at all. they loved their son. they miss their son.

he was cherished. i don't know how else to say it. he was their boy, their buddy, their son, their friend. and it really makes no difference. he's gone. and that is because kimberly potter, you know, we have -- people say, well, she was on the force for 26 years. that is a mitigating circumstance. well i look at it as she was on the force 26 years. it is not that she wasn't trained. she was trained all right. it was how was she trained? what was the manner of her training throughout her 26 years? why didn't she know that was a gun versus a taser? why didn't she know her index finger was on the trigger of a gun that was pointed at someone as opposed to a yellow taser? to the wright family none of that makes a difference because daunte is gone.

he is dead. >> anthony, thank you. our regards to the family. >> thank you. good night. nearly 3 million people in a capital city could be in vladimir putin's sites. new evidence tonight of russia building up its military equipment close to ukraine's border. we have reason to believe the russian forces are planning to and intend to attack ukraine in the coming week, the coming days. can someone else get a turn? yeah, hang on, i'm about to break my own record. only pay for what you need. ♪ liberty. liberty. liberty.y. liberty. ♪ nyquil severe gives you powerful relief for your worst cold and flu symptoms, on sunday night and every night. nyqu severe. the nighttime, sniffling, sneezing, cougng, aching, stuffy head, best sleep with a cold, medicine. (music) ♪ i think to myself ♪

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president joe biden declaring tonight he is convinced vladimir putin has made up his mind to invade ukraine. that as u.s. officials reveal about half of russian forces surrounding ukraine are now in an attack position. i want to bring in now retired major general james "spider" marks a cnn military analyst and head of geo political strategy at academy securities. so happy to have you on major general. appreciate it. >> thank you, don. >> president biden says he is convinced putin has decided to attack and will target kyiv. we are talking about a free capital of a sovereign nation with about 3 million people and potentially massive casualties. how do you see this playing out? >> i don't see that playing out,

frankly. certainly the capability exists but there are more down sides and certainly increasing risks for putin were he to try to go across the belarusan border into ukraine and try to isolate kyiv and take kyiv. that is an extremely large task. he does not have sufficient forces deployed to take kyiv, hold on to kyiv and if he intends to occupy and control all of ukraine he has 190,000 troops there. it would take close to 800,000. he would cause an incredible amount of rubble if he were to go into kyiv and that is not something he can afford. he is going to own it if he breaks it but can't afford to fix it and start instigating this insurgency which will inevitably occur. >> there is a new satellite image that shows russia and building up their military

equipment within miles of ukraine's border. u.s. officials tell cnn about 50% of russian forces are now in attack position. what does this tell you about how soon they can invade? >> they could invade any time now. look at your watch. they can invade in five minutes. the forces there. the capabilities are there. the long-range strike capabilities were this to be a full fledged invasion are in position to start an operation right now. those forces in the donbas region, russians have been in the donbas for over eight years now so those lines of communication, that road network, the rail head that is necessary to move those tanks in, they've just now, the russians have just now bolstered their extant presence in the donbas which means they can now

execute operations from within ukrainian soil without firing a shot and actually invading. they've already invaded. they've done this in rather an administrative movement way, which is quite elegant, quite amazing to me they have been able to do that. but we saw something like that in crimea with different circumstances but putin has been laying this down and preparing for this invite akt. that's why i think it is inevitable there will be some form of invasion. >> russia has more than ten times the military budget of ukraine. they also completely dominate the ukrainians in active troops, tanks, aircraft, the list goes on. how is ukraine going to fight back? >> that's the question. certainly there is a lot of pride and capability in ukraine. let's be frank. it is not going to be a fair fight. russia will dominate in a close combat environment with combined

arms, excessive amounts of artillery and rockets, tanks, they have been training. they know how to do this. the ukrainians are going to be out matched. putin is not concerned about that. he'll win that fight. the problem is once you break it you got to own it. you might win the fight but won't win the peace. he will unleash an insurgency he does not want to have to deal with. the cost will ek seed his ability to try to achieve his desired end state. he is looking for influence. he doesn't want to crush ukraine. he doesn't want to completely rubble the place. he is looking for ukraine to be in his pocket. he wants a vassal state not unlike belarus. he is looking to establish a greater presence and over time atrophy the legitimacy of the government in kyiv then start working the political side and get folks in that he knows will side with him. it is a longer term view but i

think is the path he wants to take >> i want you to listen to a bit more of what the president had to say about the situation in ukraine. >> the united states and our allies are prepared to defend every inch of nato territory from any threat to our collective security as well. we also will not send troops in to fight in ukraine. but we will continue to support the ukrainian people. >> no one knows better than you. war is unpredictable. things can go south very quickly. can go wrong very quickly. what happens for, for instance, if ukrainians flee over the border into a nato country and are pursued by russian forces. do you worry the u.s. could get drawn into this conflict? >> that is a great question. there will be a humanitarian disaster if russia chooses, putin chooses to make a large invasion into ukraine and goes

in the direction of kyiv. there will be a humanitarian disaster, displaced persons, and of course russian forces may pursue those. the last thing america wants and i would argue the last thing russia wants is for american soldiers and russian soldiers to get into a gun fight. we've never had one of those, never. never did it against the soviets have not against the russians. is this the time and place where we'll do that? i don't know. i would hope it is not. i would hope it would happen because it might even be logical to think if there are displaced persons and they are moving in the direction of western europe to get out of ukraine i'm not certain the russians would try to stop them. and if there was a requirement for a noncombatant evacuation operation even though we've emptied out our embassy we have tons of american citizens in ukraine and if they became identified and we could locate them and the united states has the obligation to go get those folks, i bet you even putin would get out of the way and

possibly even facilitate that so that he would move that problem out of the way. his fight is not with america. his fight is with trying to fracture nato and he is trying to recreate a buffer zone he lost when the soviet union collapsed. that is very troubling for him and the motivation that brought all of us to this point. >> just quickly before you go, so do you think that it is imminent? i know you answered a the beginning. do you think it is imminent, as the president said, an invasion? >> yes, i do. a couple things in place. look at what happened in donbas and crimea in terms of force build up. the objective would be to increase his presence there. have some sham elections and all of a sudden everybody is happy right because the russians are in charge. putin is also going to be with luke chefrjo from belarus, up in belarus over the weekend observing training. the whole world will be watching him up there.

every media platform is going to be focussed in on putin. what happens at the same time all the folks in donbas start, all these russian troops start rising up and start establishing their presence where they are currently but they will now expand their presence? that is what i see happening. short answer, imminent, yes. >> thank you general marks. i appreciate it. >> thank you, don. the former president can be sued. a judge ruling he doesn't have immunity for what went down on january 6th. and lawsuits naming him can go forward. stay with us. certified from headlamp to tailpipe. that's certified head turns. and it's all backed by our unlimimited mileage warranty. that means unlimited peace of mind. mercedes-benz certified pre-owned. translation: the mercedes of your dreams is closer than you think.

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the national archives confirming there were classified materials in the 15 boxes retrieved from mar-a-lago earlier this month. the archives also telling the house oversight committee the trump white house did not properly store social media records, meaning they didn't keep records of scores of deleted tweets. joining me now to discuss cnn's senior political analyst and political chief washington correspondent and cnn's senior legal analyst and former federal prosecutor elie honig. good evening and good to see you both. this federal judge ruling trump can be sued in civil court for his statements to supporters at the rally before the insurrection. calling those statements the essence of civil conspiracy. that can reasonably be viewed as

a cult action and said this is a big deal for trump. what are the implications? >> in the narrow sense it keeps donald trump in this lawsuit. it means donald trump is in a position where he is going to be subject to discovery and possibly to deposition under oath. interestingly, this judge actually did throw out the charges or the suit that's been filed against rudy guiliani, against donald trump jr. so the judge seemed to draw a distinction and said what the former president did was different and worse than what even some other wrong doers did. bigger picture, don, the message the judge is sending here is what the former president did was as you said a call to action and he is not immune from civil lawsuit for anything that he did as the former president. that is a big legal principle. >> we now know trump was keeping classified documents at his resort and the national archives says they are consulting doj. does this open up a new avenue of legal issues for the former

president? can this go beyond just this? >> it really should if doj is doing its job. at an absolute minimum this requires the justice department to do an investigation. it is a federal crime to destroy or remove classified documents. if it is done knowingly and intentionally. if these documents are marked as classified according to the reporting, the archives, then anyone who saw them would know they were classified. hence you have a potential crime. so the justice department needs to take a serious look here. this is not just some sort of arcane record keeping procedure. this is meant to guard documents that according to the federal law if disclosed could pose a grave threat to our national security. this is not just some sort of record keeping matter. this is serious business. >> ryan, i have to ask you about this. you have this remarkable new interview with the former judge jay michael ludism g, highly respected conservative and federal judge played a key role

in persuading then vice president mike pence that he could not overturn the election. he described the incredible turn of events that began with a call from pence's outside counsel asking to help the vice president. listen to this. >> he is talking with the vice president and he says we need to do something publicly, get your voice out to the country. >> you are in a position here where the vice president is pressured by the president of the united states. to overturn the results of the election. and you are the sort of go to legal mind who is respected among republicans that the vice president is looking to, to essentially stop a coup. do i have that right? >> i understood the gravity of the moment and the momentous task that i was being asked to

help the vice president with. i had been following all of this, you know, just very closely in the days leading up to it. it was then and may forever be one of the most significant moments in american history. >> the vice president cited your legal analysis on january 6th in his famous letter explaining what his responsibilities and authorities were that day. >> yes. that might be the greatest honor of my life. >> it is remarkable. what more did you learn about the impact luttig had on pence? >> well, it was really a remarkable interview, don. just capturing this former federal judge. i interviewed him for three hours and at the end of it he said, he claimed this is the only interview he's ever done like that and he's never doing another one. so it was just a moment where

this insider who had access to a lot of the key legal figures in the trump administration for all four years including his very good friend bill barr was ready to talk and was ready to explain his criticisms of trump and his very, very unusual role on january 6th that had never been explained before. there is some comedy in what happens. you know, pence world was desperately trying to have luttl luttig or a conservative god -- on the right luttig is conservative royalty right? the runner-up to the john roberts seat. the guy the right wingers in the white house in 2005 wanted instead of john roberts. cheney wanted him. and bush picked roberts. so he is beloved in the conservative movement. and pence and his advisers who

knew luttig very well understood the credibility he would bring if he went out there and said donald trump and john eastman who by the way is luttig's former law clerk. john eastman is the one who came up with the idea of overturning the election through the count act so he knew if he would say the only thing pence can do on january 6 is playing this ministerial role of counting the votes they knew that would give pence the credibility to buck what trump wanted him to do. the only problem is, they were scrambling at the last minute to get luttig's voice out there and didn't know how to do it and he basically said i just signed up for twitter. what if i tweet it? so he called his son who works in silicon valley and had to

literally ask him how to use twitter so he could make this argument that pence could then use in his letter. his son like a lot of kids said, dad, i'm very busy. i'll do this another time. luttig told me he told his son if you don't tell me how to use twitter right now i am cutting you out of the will. so a quality to this very serious moment in american history. >> now luttig is the most prolific tweeter of all time. i have to run. thank you so much. i appreciate you both joining us. >> thanks for having me on, don. she won gold and she is the first black woman to do it in her sport. olympic speed skater erin jackson is here. there she is. and she is next. >> hello. hey. >> hey.

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erin jackson the first black woman to win olympic gold in speed skating and as if that is not enough she is also the first in the american to win a speed skating gold at the olympics since 1994. here she is with me now. erin jackson olympic gold medalist how are you? >> i'm great. >> good to see you. congratulations. this is a huge deal. what does this win mean for you just in general but also as a black woman? >> it means a lot. it just shows a lot of hard work and time and it's still hard to put into words. yes, as far as being like a black woman in the sport it is just i hope to be a good example and hopefully seeing more people

following along. >> we were joking earlier. how do you feel? this is amazing. not a big deal. yeah whatever. what did you say? >> joking of course. >> so listen, take me through the pass. take me through the race. what was going through your head? what was it like to compete at the olympic level here? >> yeah. i mean, i feel like a couple days before the race i was getting really excited, really pumped. couldn't sleep that well. as it got closer to the race i got really calm and felt really ready so, yeah. when i got to the line i was like i think i can do this. i just need a clean race. during the race just go on automatic. >> like on auto pilot. >> pretty much. >> does it seem like it is taking forever or was it like a flash? >> just a blur basically. >> and you're just home. >> yep >> i want everybody to check out this clip that you posted hitting the ice for the first time ever, right?

this was in 2016. it only took six years from then to win olympic gold. i mean, what did it take to get you here? a lot of really great coaching. really awesome teammates. yeah. just a lot of time. putting in a lot of time. >> so there is a chance for me. the first time on ice skates i think was two winters ago for me. i haven't really -- i don't think i fell yet. so is there a chance? do i have a chance? >> of course. yeah. i feel like i got a late start and i have to make up for lost time so i spent a lot of time on the ice. >> you said before it is never too late. you truly believe that right? >> i believe that. >> you are the shining example of that. 2016 and then you're winning olympic gold. can i ask you about your teammate, britany bowe. your spot in the olympics was in jeopardy and after you finished third in trials and then bowe

won those trials. she gave up her spot to make sure you were able to skate in beijing. what does that mean to you? >> it means so much. i have looked up to britany since i was a little kid. everybody knows she is an amazing athlete and now can see she is an amazing person. really selfless. hard to imagine someone making that sort of sacrifice. >> amazing. bowe still got to compete and won a bronze in the thousand meter. what is it like to be in the olympics with her? >> cheering her on really loud. just cool to have, you know, another layer of family. because i consider the whole team my family of course but having someone from the same hometown growing up at the same time is really cool. >> there's been a lot of heaviness around the olympics with the geo political tensions going on, the pandemic happening, then you have the controversy with the figure skater. did you get a chance even with

all of that, do you think it was a full olympic experience for you and other athletes? >> for sure. i still had a great time. i wouldn't say it wasn't like none of that was going on but i was focused on my racing and having a good time enjoying the experience with my teammates. it was great. >> so a blur. the race was a blur. you were focused. afterwards did you ever have a chance to go outside and enjoy the venue and -- oh, yeah. i actually got to see a couple hockey games while i was there. that was pretty cool. >> wow. >> it was nice. >> what is next for olympic gold medalist erin jackson? >> yeah, my season is not quite over yet. i head to europe in about a week to rejoin the team and we have two morays in the season and then a little relaxation until the next olympic cycle. >> can you hold that medal up? >> yeah. >> look at that. earlier she let me hold it.

amazing. congratulations to you. >> thank you. >> thank you for appearing. so proud of you. how is your family? >> yeah. my dad is super quiet so yeah. they had him on the screen after my race like they were waiting for him to get excited. i'm like this is his yeah, he's a quiet guy. >> we'll be right back, everyone.

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