hey, thanks for watching. i'll be back tomorrow night. "don lemon tonight" starts right now. >> quite a different time, laura, than when you and i went to elementary, junior high and high school, sort of the open, carefree environment. i don't remember ever having to worry about a mass shooter. i'm older than you. we were at the end of the drills where you had to get under the desk in case there was some sort of missile or something. we didn't have to worry about somebody coming in our school and shooting our kids or shooting us. >> you know, i didn't hear part of what you said, don, i tell you, the idea of what we've been seeing just so unconscionable to

think about, the idea that we've got the fear of thinking about the place that used to be just a school, a place where we're just looking for refuge for our children to learn. the role of a school is no longer the same. the idea of looking at teachers and parent-teacher conferences and wondering what's on the mind, what's in the heart is so terrifying as a mother, as a human being. i honestly remember when my daughter was in kindergarten and she was so excited to show me her desk and i remember thinking, no, it's right in front of the door. no. these are things you think about and not wanting to move my child because that meant that someone else's kid might be in harm's way and wonder what you do with it. this is what parents are thinking about in these days and since sandy hook and columbine and beyond, will my child be

safe from a school shooter. >> the children and the teachers. >> of course. >> the teachers have had such a hard time lately and everyone's complaining, the teachers shouldn't be teaching this and doing this and i'm concerned. and now they are your kids' biggest protector so we need to honor our teachers. >> thank you for saying that about the teachers. thank you, laura. >> so this is "don lemon tonight." i'm going to play something for you, okay? it is a recorded message. i really want your attention at the top. i want it the entire show but i want your attention right now. i want you to put yourself in the shoes of a person on the other end of the phone. you're about to listen to uvalde's school recording to parents. this is the first time most parents learned what was happening at that school.

watch. >> tparents, there is an active shooter and your cooperation is needed at this time by not visiting the campus. as soon as more information is gathered, it will be shared. the rest of the school district is under a secure status of a precautionary measure to keep our students and staff safe. we appreciate your cooperation and understanding at this time and we will share more information as it becomes available. thank you. >> can you imagine getting that call? chilling, isn't it, right? there's parents in the studio. would you go? >> you would go to the school. you would go to the school. everything would go to the school. you're a parent. how couldn't you. imagine how terrified you'd be. the call went out at about 12:17 local time. the gunman had been inside of that school for 44 minutes. more shots were fired at 12:21,

law enforcement breached the door, killing the gunman at 12-check 50. 12:50. we cannot pretend we don't know the truth. the fact is we live in a country when gun violence happens any time, anywhere. there were 15 mass shootings just other the memorial day weekend that according to the gun violence archive, that's according to the gun violence archive, and the killing just goes on and on. one person dead, three injured by gunfire on the campus of xavier university in new orleans where a high school graduation had just taken place. you got to move beyond the politics, beyond the left versus right and what the founding fathers meantly by this and by that and what the second

amendment means and we have to live in the present and what will correct and make things better for the entire country, for the good of the country. that's what we have to look at. the fact is that the united states is an outlier when it comes to gunst. that is a fact. i'm going to give you the evidence. this is the on country in the world where civilian guns outnumber people. think about that. more guns than people. here are the numbers. there are 120 guns for every 100 americans. 120 guns for every 100 americans. that's according to the small arms survey. 34.7 per 100 people in canada. even yemen, the country in the middle of a seven-year armed conflict has just under 53 guns per 100 people. we have roughly 4% of the

world's population and an estimated 46% of all the civilian guns on the planet, nearly half. the united states has the highest firearms homicide rate in the developed world. in 2019 the number of deaths of gun violence was about four per 100,000 people. that was about 18 times the average rate than other developed countries. we cannot pretend it is not an american problem. what is the mechanism? guns. yes, mental health issues and other issues as well but we cannot make decisions about how we move forward without factoring in the actual mechanism of the killing, which is a gun. it preposterous if we don't do

that. we're pretending. those who are telling you that you shouldn't be talking about guns and sensible gun legislation and america's obsession with guns, thatey're lying to you. it is heart breaking what's happening. i want you to listen to the toll of gun violence in america. cnn obtaining a facebook live video outside robb elementary school, appearing what appears to be a radio call of a terrified child saying they had been shot. watch. >> are you injured? >> i got shot. >> where? >> [ inaudible ]. >> so cnn cannot confirm that was a child's voice and it is not clear at what point during the shooting the video was recorded. in the midst of all of this, it seems that we can't get a straight answer out of investigators. first they said a teamer propped

open a door that was supposed to be locked. now they said the teacher closed the door once she realized there was a shooter on campus but it didn't walk. that's according to the chief of police for the scoot district, who made the decision they should not breach the classroom where the shooter was barricaded. he has not responded to requests to follow up from investigators. i want to bring in shimon prokupecz. authorities are backing off that the back door entered through had been propped open by a teacher. what are they saying now? >> reporter: well, now, don, after friday and for days telling us that this school teacher left the door open and that's how the gunman got inside the school, they're now saying that she closed the door, that the door was closed but that it didn't lock. all of this information, don,

first came to light through an attorney for this teacher who spoke to a local newspaper and then just some time after that really earlier tonight the authorities here confirming that saying they obtained new video, new information that in fact confirms that story. >> shimon, tonight we're learning that the chief of the school district police was important is in as a city council member. what are you learning? >> reporter: yeah. so we were basically told t that -- given the impression and given that there were funerals today out of respect for the families, that was not going to happen. it turns out that it did happen. we're just learning of this in the last few minutes here. the mayor's off put out a statement saying he was sworn in. he was duly elected, it's something they have to do, no indications he's planning to

resign. the mayor's office gave us the imp imp impression this was not going to happen. this was supposed to be a public ceremony meaning we were going to be allowed there. we were not. we were not told this was happening until this press release came out. we don't know when exactly the swearing in took place but it happened at some point today, don. so of course the concern here being why obviously we weren't told. the other thing that's interesting is the police here, the investigators from the department of public safety that are running this investigation, they have wanted to follow up and question -- they wanted to follow up with this chief, which ch with the chief and so far he has refused. >> shimon prokupecz, thank you very much. appreciate that. i want to bring in texas state senator roland gutierrez.

senator, thank you for joining us once again. i just want to start by getting your reaction to reporting that the chief has yet to respond for requests for an interview that they made several days ago. >> obviously concerned, don. this whole investigation seems to have been for lack of a better word botched. i'm not defending arrendondo at all but i feel like there's a lot of finger pointing here, that every agency has some responsibility here, no protocols were followed that seemed to make any sense. >> you believe there's a lot of blame to go around. he's under a lot of pressure. go on

we have dps telling us it was that guy. we have operation lone star that has 60, 70 officers in the area. where were they? did they go in? where was the sheriff's office? did they go in? where was the police? what time did they go in? at 12:03 there was 19 officers and none of those 19 officers went in. i've been told that two of those officers were dps, the state troopers. i'm waiting on a full and final report that i'm told i will receive on friday. i suggested today to the colonel that i would like to see it sooner than friday. it seems to me you've got enough m manpower to able to put that report together. the timelines don't make sense, the report about the teacher didn't make sense. they had the videos. they know she removed the lock and closed it. i now find there's another door that wasn't working properly. >> say again about the lock. >> we are told now that the

door -- that she closed the door, she removed the rock that she had placed there before he came in. the video indicates that she closed the door properly but it didn't engage, it didn't lock. we are being told there was another door in the building that didn't lock properly. there's a lot of responsibility here. i know that playing monday morning quarterback doesn't really help and none of us are police officers, i get all of that, but at the end of the day, we have to make sure this type of response doesn't happen again, it doesn't happen to any school district anywhere in texas and anywhere in the united states. >> i do think the families deserve answers, though. >> absolutely. you. >> said you hope to get this by friday. do you think you'll get it then? >> every time he's told me i'm going to get a report i've gotten it. so i don't know why it should take so long, quite frankly. i mean, i've seen some of the work progt before and how they're collecting it and i've seen all of the officers they

have engaged on it so it would seem to me i could get it earlier. i'm not suggesting that anybody's stalling here. this is a very complicated deal. i get it but at the same time it really isn't. it looking at video cameras that were around the school, piecing pictures together, reports, pictures that family members took from the outside, you could see which officers were aware. we have enough gps technology to place every one of those troopers where they were at the time. >> i play that video that captures what appears to be a radio call from a student inside the school where you can hear someone say "i got shot", it's not clear when precisely this happened during the shooting, but we do know there were students who needed medical attention while police waited. what's your reaction to that? >> yeah. i mean, listen, at 12:03 there was 19 officers in the hallway.

911 c 911 calls are coming in. where are the radio transmissions? why is dps not getting the 911 calls? was mr. arendondo the only one listening to the calls? did the sheriff listen to the calls, the police, trooper? no one is going in when kids are calling and saying there's bad guy in here, i'm still alive, eight of my friends are still alive and nobody goes in. this is a complete failure on every level. it it's just astounding we're here in this space right now. >> i was surprised that you said the president raised the possibility of totally demolishing and rebuilding the elementary school.

after a lot of thieese shooting i wonder how they can go back into that building. this what they did at sandy hook after the massacre there. >> the parents don't want to send their kid back. the parents that have passed on that have siblings, they don't want to have their kids go there. it's very traumatic for them. what does it say about our country that we have a federal grant for schools that are similarly devastated through violent crime? what does it say about us? up to $45 million grant. it's great that it exists. how pathetic that we have to have it exist. and how pathetic that lawmakers -- if you really want to object about accountability, talk about everybody in austin, every republican in austin that had every chance to do something about this and done nothing. seven mass shootings under greg

abbott's belt. seven. and all he's done is $100 million in securing and hardening schools. he just spent $4 billion on a trumped up border policy that doesn't work, 40 times more he spent on the border than he spent on school hardening. >> my question -- my last question to you is why is it since you're involved, you represent this district, that all of the fixes for this or the solutions don't involve guns it seems from the right, from greg abbott and others. it involves mental health, it involves guns if you want to put guns in the hands of teachers and staff or if you want to put more officers at the school but none of it involves the access to guns in this country. what is that ? >> i guess it involves an exorcism as well because it evil. certainly it's evil. certainly it mental health.

if it's a mental health problem, fund it better. it absolutely is having militarized militarized weapons in the hands of 18-year-olds. how can you buy an a.r.-15 at the age of 18? it's astounding to me. i own guns. i don't own an a.r.-15. we can fix this problem to a certain degree in texas. we can have wait periods, we can certainly raise the age and we can certainly create -- we have enough money to create our own texas-size atf. call it whatever you want. i don't care. during that waiting period, you can have state agents that go and interview people to determine if they're capable and of the right kind of mindset to be able to have these weapons. we do it for liquor licenses,

hell, we do it for driver licenses. just makes zero sense. >> thank you, sir. >> thank you, don. >> more questions tonight about the police response in uvalde. what's supposed to happen in an active shooter situation. what is supposed to happen? we're going to ask an expert, a former s.w.a.t. team commander. that's next. s my physical healt, my body was telling me you got to do something. and so i came to clearchoice. your mouth is the gateway to your bodydy. joe's treatment plan w was replacing the teeth with dental implants from clearchoice. [ joe ] clearchoice has changed my life for the better. it's given me my health back. there's an amazing life out there if you do something for your health now. the unknown is not empty. it's a storm that crashes, and consumes,

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well, tonight we are learning the uvalde school district is not responding to a request for a follow-up interview with the texas rangers who are investigating the response. why isn't he responding? >> that is a very good question. he's still an employee of the police department and he should be ordered to speak. >> why do you think he's not

doing it? >> i think he has legal representation telling him to hold off on answering questions. >> i played at the beginning that the recorded phone message parents got 44 minutes into the mass shooting that their kids were in the school, that there was a gunman and not to come to the school. can you imagine if you're the person on the other end of that phone call? >> so this question comes up quite often working with organizations when they're planning their response to active shooters. we get questions from houses of worship. if i'm in the sanctuary and i hear there's an active shooter and my child is downstairs in some sort of service. i'm not going to go get my child. we have to plan for that. my child, the same thing happened recently in the sense we got a message there was something going on at another school unrelated to my son's but as a precautionary method, they are going to lock the school

down. i put my gun on, got in my car and went through two or three times. >> it's an natural inclination. >> of course it is. >> the suspect entered 11:33 and began shooting, as many as 19 officers are in the hallway at 12:03 p.m. and 911 calls start coming in from inside the classroom and then at 12:15 the border patrol tactical team arrives. 12:16, a girl says eight to nine are still alive and 12:21 the suspect fires again. and it's not until 12:50 that they unlock the door and kill the gunman. parents are outside wanting to go in. what happened? >> we have a lot of information yet to be delivered.

the information we have doesn't appear to be credible. every time we get a piece of information, it changes. we didn't get much information about how he entered the school. we were told that there was a door propped open and now we're told it was closed. there is a lot of information yet to be delivered. i hear this discussion about whether or not it's an active shooter or it's a barricade. that should not matter. when the police are stacked up out at the door and they're formulating a plan to go in, usually the standard is when you hear shooting aor you know there's a victim, you expedite that plan. >> does it tell you to take whatever the situation is, talk hu him down or get rid of the threat? >> i don't want to get caught up in titles. if he's barricaded with hostages

at this point and he's armed and there are people in there, quite often we may slow it down so we can have a better plan to go in. but as soon as you know there are wounded children and then you hear a shot, if that is the information, then there usually is a hasty team right outside the door. as their tactical team is getting ready, their hasty team is right at the door. if something happens like this, they have orders to go in. >> mr. former police chief, what should we be looking a the now. you have kids, i'm sure you study this. is there a solution. >> you mean as far as active shooters? >> and preventing this from ever happ happening again. >> we throw everything on the table. i've seen it already. those who have their beliefs already in the corner and they say to the other side we want come compromise.

we put everything on the team, to security, to mental health leaders and to people of faith. i've heard things like firearms laws. i think we consider that. if you told me i gave up my firearms tomorrow i could stop school shootings, i'd give my guns up. we need to put everything on the table. we heard discussion, i don't want my kid's school to look like a jail. i think we short change ourselves as a society that we can't come up with technology to harden our schools and at the saturday time make them look inviting and encourage creativity. >> everything on the table. thank you. that's a good start. the shooting in uvalde came on the heels of a shooting in

buffalo. a father ook took on the gunman. what it feels like to be grieving his own dad and what it feels like to be watching this happen again in texas. ♪("i've been everywhere" by johnny cash) ♪ ♪i've traveled every road in this here land!♪ ♪i've been everywhere, man.♪ ♪i'veeen everywhere, man.♪ ♪of travel i've had myhare, man.♪ ♪i've beeeverywhere.♪ ♪

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. communities all across the u.s. continue to suffer from gun violence with over a dozen maas p mass

shootings in uvalde, texas. we're still grieving one when another one happens. shots just ring on again while we're still reporting on the one that happened previously and no one is more impacted than the families of the victims, including the family of aaron salter jr., who was killed by a gunman who walked into a supermarket. he was a security guard who dpr dp confronted the shooter who was killed himself. the family is part of the family they never want to be a part of, families who lose a loved one to gun violence. joining me is aaron salter iii. i appreciate you joining us again. it feels like we just talked because we did. >> we did, yeah. >> now this happens. how are you? >> i'm doing okay. >> you just had the funeral for your dad, right? >> yeah, i did, yup.

>> and? >> oh, it was amazing. it was beautiful. there were so many people there. there was so many police officers there. it was just amazing that we sent him home the right way for sure. yeah. >> you say that you got a call from a friend after the school shooting in uvalde. what did they say about that tragedy and your dad? >> yeah. so i had a buddy call me from work and he told me that he was watching the news and i don't know exactly who it was but he said they were talking about the shooting in uvalde and they were saying they wished they had a cop like my dad to be there to protect them and maybe not a lot of people would have gotten killed. not a lot of kids would have gotten killed if they had someone like my dad there. and that really made me -- it

struck a nerve. >> well, listen, the shooter there was, you know, he had a lot of ammunition, whohe had a gun, body armor. you said something on the show with me with your dad, you said your dad was outgunned, and if he wasn't outgunned -- he wasn't evenly matched. >> i said he wasn't evenly matched. if he had half the stuff the guy came in the store with, it would have been a fair fight. he went there with his service weapon and the love in his heart to protect everyone else and unfortunately he didn't make it out alive. >> having said what you just said, many times i speak with police officers and they believe that they are outgunned, right, by just people on the street and people they're going up against, even if it's mass shootings. and your dad was a member of law

enforcement. so i'm sure you believed strongly in the second amendment. but what do you make of all of this talk about what should happen, what do we need to do no, what should lawmakers be doing? talk to me about that, aaron. >> you know, you want to see something go on with how these shootings are going on and how fast they're happening. you would think you would hear something on the news that would come out and say, hey, we're going to stop this or stop the sale of these weapons or you can't be 18 to be an assault rifle. anything. anything that can you do to combat this gun violence. i think i saw something in canada they were doing something where they are banning the sale of firearms. >> they're restricting -- considering restricting firearms for people -- handgun, excuse

me. i don't know if that will of happen in the united states but to restrict assault-style weapons or at least raise the age of those able to buy them legally i think is something we should look at in this country. >> yeah, i do, too. the uvalde incident and the one in buffalo, both have a little piece that has to do with social media, whether people want to realize it or not. i feel if peel cople can be a le more vigilant if they see something on that might not be right or somebody messages, do whatever you have to do to raise awareness, call 911 or do something. it goes hand in hand. >> aaron, we've been thinking about you and we're going to be thinking specifically about you

because father's day is coming up in just a few weeks and people lost their loved ones. it's a tough time for everyone, moms, dads, kids. you be in touch, okay? you take care of yourself. >> yup, will do. thank you. >> so there is a major defeat for the investigation of the investigators. special counsel john durham coming up empty after three years of looking for wrong doing in the trump probe. we'll tell you what happened in court today next.

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raurk. the investigation of the investigators coming up empty today after the first trial of special counsel john durham's investigation. he spent three years looking for

wrong doing in the russia probe and today michael sussman n was acquitted of lying to the fbi. preet, good to see you. it cost millions of dollars. what do they have to show for it at this point? >> well, not much. i've overseen trials where the result was not what i wanted when i was united states attorney. in this case it looks like it was thin. it looks like the jury didn't take a very long period of time to determine that the right result was an acquittal, six or seven hours at the most after a trial that went on for some days. it seems like there was a hard road for the government to plow with respect to showing there was a false statement made and probably even more importantly in this case based on the facts as i understand them, it was very difficult for them to prove beyond a reasonable doubt that the false statement alleged to have been made was material.

did it derail the investigation, did it cause investigators do something differently from what they otherwise would have done. what i would like to know about this, by the way, is the durham was begun by and sanctioned by prior administration, bill barr. and he was allowed to go forward, continue husband invest -- his investigation even though there were a lot of critics saying this was a witch hunt and he was allowed to continue his investigation and see it to its conclusion with respect to michael sussmann and a jury spoke. and john durham said we may sometimes disagree with the results of juries but we respect what the result was and we move on. >> we've had so many of these that turned out to be nothing, right, even a lot of conspiracy

theories, right-wing media makes such a big deal out of them and then it turns out to be nothing and then they don't talk about it again as if it didn't happen. >> i don't know how the other network is covering this because they have been breathlessly reporting about this because they thought it was a big bombshell and it was the next step in the investigation of hillary clinton. when partisan folks follow trials, they don't really follow them in good faith. they often don't follow them at all. they want a result to be had at the end of the case, lock him up, lock her up, whoever the case may be and then they cry foul at the end of the case if it's not the outcome they want. not too long ago you and i were talking about clarence thomas giving a speech talking about how people should accept outcomes they don't like. this is another example of an outcome and it was done fairly and squarely and a jury in

washing washington, d.c. and a lot of party in the party don't abide the outcome. if it's good for one side, it should be good for the other side as well. >> let's start with the supreme court. they're searching the source of that leaked draft opinion that would overturn roe v. wade, asking folks to turn over their phone records. how rare is that and what does it tell you about the investigation? >> this is like many things that you and i have discussed over the past couple of years. the response to something we describe as being unprecedented and highly unusual, never happened before. i'm not aware of any time ever in history, even since the advent of cell phones, you didn't have that a hundred years ago, where people have been asked who worked for the court to give over that private information. it's also true that's in response to something that is unprecedented and has never happened before, namely the leak of a draft opinion. so i understand the response, i

get it. i'm not sure how effective it will be. nong among other things, they can only make those requests of people at the court, they can't legally under the law make the requests of the people who published the report. it would be easiest to ask the political report who got the bylines and they wouldn't comply. it's also the case if it was a clerk or some employee of the court who encagaged in this conduct, everyone who works at the court, staff and the lawyers both are really, really smart lawyers. it's probably the hardest legal zwro job to get in the united states of america to be able to clerk for a justice of the sport. you would imagine they could be fairly clever and whily about it and there would not be an

electronic trail about it. there were about 75 people privy to the draft opinion, many who had actual hard copy versions of it. it's a much easier matter to read to someone, a reporter or to provide to someone a copy of the opinion. that leaves no electronic trail. i think it's an unnerving thing for people who are employed by the court. i don't know if it will bare any fruit. >> we heard some of the clerks are so concerned they're hiring lawyers. thank you, preet. >> thank you. >> rockets that go farther than any others. plus, another wrong answer from the uvalde police. what they're now correcting. that straight ahead. previous owner: "laughs" so today let's stain, with behr, the #1 ratated stain. get behr exterior stains at an everyday low price. exclusively at the home depot.

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get published now, call for your free publisher kit today! we begin with new developments tonight in the investigation of the elementary cool shooting in texas that left 19 children and two teachers dead. officials are now admitting the teacher who propped open the door before the shooting actually closed it before the gunman entered but that's completely different from what the public was told just days ago. omar jimenez is live for us in uvalde tonight. this is another major contradiction from officials. what's the very latest? >> reporter: don, on the investigative side this is another discrepancy of what police initially told us versus what we find out to be reality. so police initially said this teacher propped open a back door that was supposed to be locked

the day of the shooting and we are now learning from authorities she actually closed that door when she realized there was an active shooter but it didn't lock. now, this discrepancy is coming as we are now starting to see the first of what will be many funerals here in this community. even as you walk around, it's hard to find people who weren't personally affected by this. even if not directly, they know someone who was. while we will see families mourning and funerals that will continue into tomorrow, this community will be mourning right there with them. one week ago 19 families sent their children to school and they never came home, leaving loved ones only memories as community members, even actor matthew mcconaughey, whose hometown is uvalde, comes to pay their respects. those close to the 21 killed can't help but think about those last moments as they prepare to lay their own to rest.