well, that's it for us. "don lemon tonight" starts right now. hey, don lemon. >> hey, don lemon. you know what? it's going to sound weird, you sound like my sister does that. she goes hey, don lemon, how are you? and there you are. and my friends from college and high school. but we're old friends. so it kind of goes -- >> since we're old friends, can we pool a lottery ticket together but i get all the money if we win? because family could do that. >> no. i don't like sharing that way. so i did pool, just so everyone knows, all the guys in the studio, did we buy a ticket? >> oh, i hear the clapping. >> are we going to win? >> yeah! >> now we're behind -- we didn't get that. >> so we all got tickets. we pooled together, everybody got in. these are all the guys here. and we are going to win!

$1 billion! >> sorry, i'll do the dr. evil for you. >> that's what i did. wouldn't that be great, though? >> if all of you won instead of me and everyone else here, we would be so happy for you. >> this is what would happen on friday or monday if i won. this is what would happen. [ laughter ] tim said, my fiance said, if we win, do you promise to quit and travel the world? i said one of those. i would not quit, but i would travel the world. i would be the -- should i say this on tv? i would be the don matto of cnn. i would be here maybe on a friday or a monday. not every single night. >> i tell you what, for all ofi

wedding date just got moved up. >> we're going to win, guys. >> don't forget me if you win. >> have a good one. so we've got to get to the news now. enough fun and games. it's serious. the lotto is like over a billion dollars. $1.1 billion here in the northeast, and it is crazy. everybody is playing. so there you go. and there's always hope. this is "don lemon tonight." we have some major news on the january 6th investigation. big revelations every night, but this could be a game changer. just imagine what officials in the trump white house who heard and saw what was going on, how far the then president was willing to go to hold on to power. just imagine, imagine what they could tell us. cnn exclusively reporting the justice department is trying to force former white house officials to testify about what the former president is trying to keep secret with his claims of executive privilege. sit the clearest sign yet that

the feds are zeroing in on the former president's conduct. so what do those officials know that they couldn't say? we may find out. as the department of justice prepares for what -- for that epic court battle, the january 6th committee is pushing ahead with its own investigation, they're talking to her and more trump cabinet members, and there are a lot of trump cabinet members. mick mulvaney speaking to the committee for several hours this afternoon. he was an envoy in europe on january 6th. but the other three were right there in trump's inner circle to the very end. and the committee wants to know more about conversations about possibly invoking the 25th amendment. mike pompeo says he's now in discussions with the committee. but let's not forget what cassidy hutchinson told the committee about discussions among cabinet members about the 25th amendment. watch.

>> and there are more trump cabinet members who have talked to the committee. there they are, up on your screen right now. everybody from the former acting defense secretary to former attorney general bill barr, who left office before january 6th. but not before he told the then president exactly what he thought of his election lies. >> i made it clear i did not agree with the idea of saying the election was stolen and putting out this stuff, which i told the president was bullshit. >> he said it, right? look, we all saw what happened

on january 6th. you know, people know what happened on january 6th unless you are just delusional, right? because you saw it with your own eyes and heard it with your own ears. we saw trump supporting rioters, desecrating the seat of our democracy. that was some bad stuff that happened, besides the beating of police officers. the threatening of lawmakers, other gross things that happened. it was one of the worst attacks in this country's history. and the nerve of them to say "usa" as they go against the constitution of the united states, and everything america was built upon, to say "usa," really? and our democracy is still threatened even now. more than 18 months after the violence at the capitol. the question is, what are they going to do about it? what are we going to do about it? are we going to stand up for our

democracy or just pretend nothing's happened? what are you going to do about snit it's a pivotal moment in our history. i want to bring in jonathan martin, also senior legal analyst elie hoenig. and our senior law enforcement analyst andrew mccabe, the author of "the threat, how the fbi protects america in the age of terror and trump." so prolific authors and experts here and great minds. good evening, gentlemen. i hope you played the lottery. good luck. now let's talk. andrew, i want to start with the cnn exclusive. is this the clearest sign that the doj is zeroing in on the former president, or is this part of a broader investigation

that just -- they just happen to have questions about the former president built into all of this? >> no, don. it's absolutely a sign that they're zeroing in on the former president. but not just on the former president. on the former president and all those folks who may have been working around him, with him, for him, advising him, and who may have played a role in this potential conspiracy to overturn the results of the election. i think the revelation or the discovery i should say that doj has already started putting people in front of a criminal grand jury is the most significant development we have seen so far about the doj investigation. and let's remember, doj doesn't have the same sort of clock ticking over its head that the committee does. the doj work will go on until they feel they have reached the end of it. >> andrew, the reason i asked the question the way i did is because, listen, any of you can

correct me if i'm wrong. if you look at what's happening with the fake electors, i think that is probably maybe the major legal case here, people putting up these fake electors, which is obviously illegal. if the question surrounding that would be similar, if not the same questions about the former president, and maybe people are reading too much into it. am i off on that, andrew? >> i don't think you are, don. i think it's -- as we have seen with the committee testimony over the last couple of weeks, it's really and to pull one thing, like the fake elector efforts out of this overall effort to overturn the results to have election. i see we talked about this many times as a hub and spoke conspiracy. you can think of that in terms of the intent of this conspiracy as well. we know what they were trying to do. it just so happens they had a different kind of avenues, different layers of effort that were all pursuing that same

ultimate goal of overturning the election. so i think they're going to go after the fake elector scheme. that's one example of how they were trying to pull that off. we will likely hear other efforts, as well. >> elie, do you think i'm wrong, off in saying maybe they're asking similar questions about the fake electors that everybody is reading into it, that this is all all about trump and they're zeroing in on him. >> so andy is right that this is a series of overlapping, interrelated schedules. but don, where i think you're right and what is different about the news we got today is the conversations that doj is gearing up to go to court and fight for are conversations that specifically involve donald trump. this is where donald trump or people around him may be claiming executive privilege. to give you one example, we know pat cipollone talked to the committee. when we saw the clips of him last week, there were certain questions he was asked about his conversation that he had with donald trump, where he looked to

his lawyer and said privilege. they didn't get the answers to those questions. we didn't get the answers to those questions. now the reporting is that doj is getting ready to go to court to fight to get the answers from those questions, whether it's from pat cipollone or mark short or whoever else they may bring in. so in that respect, don, i think this is targeted specifically at conversations involving donald trump. >> okay. jonathan, just a yes or no, do you agree? >> yes. >> okay, okay. good. because we're getting some significant report that i want you to respond to, jonathan, because you have broken so much news about what's happening with the trump white house. this is from "the washington post." it says that january 6th text messages missing from trump homeland security's wolf and cucinelli, that's the headline here. text messages from former president donald trump's acting homeland security secretary chad wolf, acting deputy secretary

kim cucinelli are missing leading up to the january 6th attack on the capitol, according to four people briefed on the matter, and internal e-mails. again, this is just coming in. can you help me with this, jonathan marten? >> sure. this is important. those are two of the most senior officials in trump's orbit who would have been directly engaged on the security measures that were or were not taken in washington ahead of january 6th. they would potentially have information about what was and wasn't done ahead of the planned protest that became obviously an insurrection. so that could be revealing, especially if they have anything to the point of your other guests, if they have anything that sort of speaks to president trump's mindset in that period. and speaks to his intent when it comes to the stop the steal

rally in washington on the 6th. that could be very significant. i would just say, don, briefly, if you think about what's happening from two angles, the january 6th committee and the department of justice investigation. the picture that we're seeing coming into focus is of two probes that are getting closer and closer to the former president. in part, because of the growing cooperation of his former advisers. every day it seems like we hear more people in trump's orbit, testifying before a grand jury, in the doj probe, or participating with the 1/6 committee and turning over more and more information about getting closer and closer to the former president. >> that may make the question i asked you all before null and void, especially considering this news just in. andrew mccabe, another quote from the article, the department of homeland security notified the agency's inspector general in late february that wolf's and

cucinelli's texts were lost in a reset of their government phones when they left their jobs in january 2021, in preparation for the new biden administration, according to an internal record obtained and shared with "the washington post." andrew? >> don, i feel like i've heard this story before. it seems very familiar. this is -- this is just -- we're back in the same conundrum we were in just a few days ago with the secret service texts, is this an intentional act of subterfuge of trying to get rid of some uncomfortable texts that these executives don't want to get out, or just the height of incompetence at an agency level. it's getting harder to believe it's just incompetence. everyone knows that all of their communications are supposed to be preserved as -- under the

federal records act. that stuff goes directly to the national archives. so far dhs to have just -- i don't know, erased their phones as they walked out the door is just really, really hard to believe. >> okay. elie, i want you to respond. a telephone and text communications of wolf and kuch nellny the days leading up to january 6th could have shed light on trump's actions and plans in the weeks before the attack on the capitol. trump had been pressuring both then to help him claim the 2020 election results were rigged and even to seize voting swings in key swing states to try to rerun the election. >> of course that's potentially crucial evidence, don. these are two top officials at dhs in the days leading up to january 6th. dhs includes the secret service. so of course investigators want to see this. of course congress wants to see

this. of course prosecutor also want to see this some day. and andy's exactly right. this feels exactly what we heard last week about the other missing secret service texts. i'm very, very skeptical. a, given the pattern. and b, given the fact that it is known throughout dhs that you have an obligation to preserve those texts. you don't just say, well, we're getting better cell phones so everything gets tossed out. you have legal obligations to keep those, you have ethical obligations, you have recordkeeping obligations, and you're talking about the two highest ranking officials. i have some serious questions about this. >> thank you for helping me with the developing news and news just coming in to cnn. "the washington post" reporting text messages for chad wolf, ken cucinelli are missing for a key period leading up to the attack on the capitol. gentlemen, thank you very much. we're going to talk about mitch mcconnell has been the dark master of the arts of the

senate for years. did the democrats put a one over on him when -- to land the beleaguered biden administration in a much-needed win? we'll discuss that, next.

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so there is some good news tonight for joe biden. i know, we have not been hearing that much, right? we haven't been hearing that a lot. a big economic package that's a win for democrats heading into the midterms. can they tell it to vote srs? joining me now is david axelrod. hello, good to see you. >> good to see you. >> there's been a lot of criticism over the president's ability to get things done, but when it adds up, you have this new compromise bill that could be voted on as soon as next week. you have the infrastructure package, gun reform, covid relief. we talked about whether his way of governing was too outdated to work. but how does it look now to you? >> well, it looks good. he's quietly amassing quite a legislative record.

you left out the manufacturing the chips bill that was just passed that the china competitiveness bill, which is quite a significant bill. so he has a lot of accomplishments to herald here, assuming that this next bill gets passed. there's things he has gotten done, the infrastructure bill, if he gets the gun bill, if he gets this bill passed, negotiating medicare pharmaceutical prices, these are things that democrats have been talking about for decades. and he was able to get it done. so yeah, he has a real body of work here that democrats can run on in november. whether it obviates some of the head winds being created by the economy is questioned. but without question, joe biden has amassed a really strong legislative record here. >> the question is, simple question is, well, why is that?

why isn't he able to -- maybe it's because he hasn't sold it properly, maybe it's the media's fault. i don't know. maybe it's the combination. because he's facing this dismal approval rating. a cnn new poll shows they would want someone else to run is. that because they've not been able to sell these successes to the american people? >> honestly, one of the reasons he was elected is because he was not like that. one, i mentioned the economic conditions, particularly as it relates to inflation, is significant. and that's creating a lot of head winds for him. i think also mistakes were made at the beginning of the administration by touting the potential for more than they were likely to get.

it's better to underpromise and overdeliver -- >> he said he would be transformative. >> the result of that is that despite the fact that he's passing really -- i don't think it's too much to say historic legislation, certainly the infrastructure bill was this the negotiating for medicare prices. this bill they're going to pass is closing corporate tax loopholes that have been on the target list for democrats for decades, as well. but they all seemed smaller because of all that chatter at the beginning, the new fdr, we're going to remake this social compact. which was never realistic, when you have a 50-50 senate and a nearly 50-50 house. so in that sense, i think the administration did itself a disservice. and then there's the issue of biden himself, who i think is very skilled and obviously

knowledgeable after 36 years in the united states senate about how to get deals done. but he isn't as great in front of the camera as perhaps he once was. and perhaps as some others have been. but it may be that modesty has been one of the elements of being able to get the deal done. i was the one who said back a few when the build back better thing fell apart, i wrote a piece for "the new york times" saying hold on to your hats, this thing is not over. there's still potential to get something done, and here in the 11th hour, it appears he's going to do that. >> even he admits that it's not everything they wanted. it's a lot less, but it's something done here. it's interesting, because the democrats get criticized a lot for not being able to play politics, so to speak, as well as the republicans have. but senate republicans are furious, because they say that they went along with the newly passed chips bill thinking democrats would not put forward

an economic bill. mitch mcconnell was essentially played here. did he finally get a taste of his own medicine, david? >> well, he certainly seems to be outmaneuvered here. he insisted that they wouldn't move forward without the other. i don't know what representations senator schumer made to him, but they obviously held this bill back until that one was passed. as you point out, mitch mcconnell is a past master at these kind of maneuvers. just ask justice garland about that. so, you know, yes, i think that the democrats have played this well. you know, while you say it isn't everything that they wanted, that's the nature of governing. you never get everything you want, but under these circumstances, i would have to say, if they get this bill, with all the other things they have accomplished, he's gotten quite a bit. >> the question, is how do you sell that with the economy and the gas prices and the supply

chain. another democratic gamble here. democrats are pouring money into prop up maga republican john gibbs. he's a republican who voted for trump's second impeachment. democrats want gibbs to win the primary to beat him in the general. do you really -- i don't know, what do you think of this? do you like it, is it a good strategy? s >> i really don't like it, don. i understand the strategy, democrat think they can grab this one. but if you hold yourself out as the party that is pro democracy, and you have someone who knowingly voted to impeach the president, knowing that he would put his young political career

in jeopardy as he has, knowing that he would incur the wrath of trump, but he did it any way because he thought it was his responsibility as a former military guy too, i think that probably had something to do with his thinking on this, having taken that oath. but i just don't think it's becoming for the party that is fighting for democracy -- you said earlier, what are you going to do about it when it comes to standing up for democracy. he did something about it. if democrats want -- if he's the nominee and democrats have a candidate who is pro democracy, then go ahead and vote for that candidate. but let me just ask you this, don, if liz cheney were in a swing district, i mean, everyone is lionizing her and i think deservedly so. if she were in a swing district under this principle, democrats would be trying to lift up her pro trump opponent, because they

would say that opponent would be easier to defeat. would that feel comfortable to you? it wouldn't to my. this is no different than that. so i'm not happy with what they're doing here. >> especially considering what liz cheney has done for democracy and standing up for somewhat is right. >> yes. >> i always look at that and i say, peter, i want to say major. >> i live in michigan part time, so everybody knows meijei because it's a grossry store chain. >> thank you, store. this next story, yeah, just you're going to want to watch. it's town in north carolina. it's got the nickname friendly kinly, right? but after the entire police department resigned following the hiring of a blacktown manager, some are questioning how friendly it is.

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sit and watch this story. tonight, the big problem in a small town in north carolina. the whole police department quitting. officers citing a stressful and hostile work environment. although without providing examples here. the mass resignation coming less than two months after a black woman was hired as town manager. all the officers are white. now the small community is trying to figure out what is

going on. here's cnn's diane gallagher. >> reporter: a tiny town with big problems, and whispers that friendly kinly, north carolina, may not be living up to its nickname, after the police department resigned, with the chief placing the blame on the new town manager. leaving some in the committee of roughly 1500 concerned about safety. >> we're worried about what the future holds for the town. >> others speculate there may be something more behind the police retreat. >> this seemed more about power. >> i feel like it's a race issue. >> reporter: the new town manager is black, the police department is white. >> i feel like they harass us a lot. i feel like they don't want a black woman over top of them. you know, basically managing them or telling them what to do.

>> i think there's too much jumping to conclusions. we don't know what's going on. >> reporter: the up to released a statement saying in part, the prudent course of action is so find out what happened and not to make any rash decisions. in a place like kinly, mystery is unusual. >> it's just weird and for us to not have any information as to what to expect, are we going to have to sleeve? are we going to have a up to manageer? >> reporter: cnn obtained eight resignation letters. the chief of police, fuour full-time officers, and two town clerks. most cite stress and a hostile work environment. but the letters are short on details. no information about specific causes of stress or examples of what they call a hostile work environment. the letters also do not point

fingers at the new town manager, who has been on the job less than two months. but gibson, the longest serving chief in town history, does. in a facebook post that has been made private and in an interview with fox news. >> she wrote me up for going to business and talking to businesses. she wrote me up for talking with council members that i've known for 20 years. >> so she was targeting you? >> yes, ma'am. >> reporter: cnn has not viewed gibson's records and the town would not provide supporting documents when requested this week. jones started as town manager on june 2. the town announced her hiring, approved by the council, noting her 16 years experience working in "progressively responsible positions with local governments if several other states." jones told cnn since this is a personnel matter, she can't comment on the resignationis.

the johnston county sheriff's office will increase its presence in the town, since the police department will effectively be gone. and so according to the town's website for the police, there should be staffing that still includes two part-time police officers, don. but i spoke with the town attorney. he tells me as far as he's aware, there simply are no more officers, once those resignations take effect next week. i also reached out orb attempted to reach out to those who were involved in this situation. the attorney for chief josh gibson tells me that he will work on trying to get an interview, but noted that the chief is stepping back from interviews for a bit, because of the immense amount of stress that the situation is causing his family. >> diane, great reporting. i want you to stand by, because i want to discuss this more. i want to bring in areva martin,

who is a civil rights attorney. good evening to you. i don't know for sure, i'm not there, but it's one of those things that make you go hmmm situations. the independent investigation starts next week. do you think that they will really be able to get at what happened or is this going to be a he said, she said town gossip situation? what's up? >> well, don, we know if it quacks like a duck and looks like a duck, it's probably a duck. the fact that all eight of these individuals resigned at or about the same time, the fact that they all used similar language in their resignation letters, all of that is highly suspicious. i've been involved in lots of cases involving claims of hostile work environment and stressful situations. rarely do you see someone with 21 years on the job resign, stating a hostile or toxic work environment because someone new has come into a job and has been

there less than two months. typically, someone is talking about having worked in an environment for many months, if not many, many years. so this is a highly suspicious act or actions by these individuals, and let's be clear, don. what the chief said is that if the town gets rid of the new african american city manager, he'll return. so it seems like a big power play, and obviously, we cannot ignore the issue of race and the potential that that is also driving these resignations. >> it's interesting, because she hasn't been on the job for that long, and if you're going to claim hostile work environment, you have to bring receipts over a period of time. so diane, the chief's last day is tuesday of next week. what is the end game here? is it a lawsuit? he did tell our affiliate that he would consider returning if jones was dismissed.

>> reporter: so don, i'm going to give you the same answer that you don't want to hear neither does anyone in this town, we don't know. they're very tired of hearing that at this point. his last day is tuesday. so he's free to do what he wants, it's his prerogative. hostile workplace allegations are serious, they should be investigated, and they are being investigated. the town has said, though, that this independent investigation, where they're bringing in an outside firm that has no connection to anyone in the up to, to look into it, it's how they will determine how to go forward, what that means for the officers and the two town clerks who have resigned and what that could mean for the town manager. they did say it was very important to them to have this sort of independent investigation, because of discussions of potential bias. the town council hired the manager. look, the chief has been the chief here and worked here for nearly two decades. so there's obviously a lot of close relationships here, and

there's a lot of talk here in kenley, as well. everybody has their feelings right now, because there is an absence of real information. feel are filling it in are rumors. >> we can see you just fine with the hoodie. put it on, we know it's raining. don't even worry about it. areva, let's talk about it. is there any legal recourse here for the town and the town manager? >> well, they can't prevent people from resigning. but obviously, if the employees that have resigned move forward with a lawsuit, again, trying to suggest that they were -- claiming that they were subjected to some kind of unusually severe actions on the part of this town manager, i think they'll have an uphill battle as it relates to employment discrimination, lawsuit. there's not been, based on what we know to date, don, any kind of severe and pervasive conduct that would give rise to a viable cause of action or causes of

actions for these individuals. but clearly, if the investigation shows that this town manager acted in some kind of way that was punitive or a way that was inkconsistent with the employment contract she may have, there may be consequences she faces. she maybe disciplined or suspended. but given the brief period of time she's been on the job, it's pretty difficult to, you know, come up with any kind of evidence that would be compelling to suggest that she's done something outrageous in this job. again, if it's there, this investigation should uncover it. >> we'll continue to follow. thank you both. thank you, diane, especially since it's raining. see you both soon. so new numbers fueling fears about a recession, but many americans feel like we're already in one. what can you do to protect yourself from a shrinking economy? we'll talk about it, next.

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this is a question that is in everyone is like, are we in a recession, are we not in a recession? does it matter if it's technically a recession. fears of the "r" word fueled by the latest economic data, gdp contracting for a second straight quarter. joe biden telling a strong jobs market and consumer spending, but a lot of americans are worried how they are going to put food on the table and gas in the tank. >> i'm used to spending $50 a week in gas. i spent over $130 a week in gas now. >> these i normally pay $2 at the post, maybe $3 something a bag. $5.50 i believe.

>> either pay rent or buy food. >> i don't have any confidence when the prices are going to go down. so it's been frustrating. >> let's bring in catherine, cnn commentator. how are you? >> i'm great. >> i have so many questions for you. the fed is trying to shrink growth to cool down an overheated economy. it's like we're in this weird place. you can respond to that. but biden's -- biden officials aren't officially call thing a recession. although the common definition of contracted gdp growth, two consecutive quarters. how do you see what's going on? >> actually, that's a misconception. that two consecutive quarters of negative gdp growth means a recession. in the united states, in the very least, a recession is determined by a special independent committee of academic economists who basically look at a broader set of economic metrics.

so they look at gdp and they also look at job growth, consumer spending, incomes, manufacturing, industrial production, that sort of thing. and their goal, their job essentially is to say when overall those numbers seem to be turning negative, when there seems to be a broad based contraction in economic activity, that is when a recession is happening. and the numbers that we're seeing in this economy -- >> say that again, say that last part again about when a recession is happening. >> so it's when there's a broad based contraction in the economy, as measured by a whole bunch of different data points. right now, the economy is sending really mixed signals. so there are some numbers that look bad, gdp growth being one. but some numbers look really good, job growth being one of them. so it's really hard to sort through all of that noise and figure out what's going on right now.

i think probably right now, when this committee meets, and they do it long after a business cycle has turned, most likely they will not say that this particular moment represents a recession. but the risk of recession have risen for a bunch of people. >> gotcha. regardless of what the white house thinks whether we're in a recession or not, we heard those everyday americans speak. they are hurting. is there anything that can be done to reduce the impact of a possible recession on every day americans? >> yes. whether or not we meet this sort of pedantic cool down deman d

there are some things that the president that congress wanted to do to make the job a little bit easier. there's not a lot, but there are a few things they can do. for example, they could repeal the trump tariffs. that would have a modest effect on prices. they could get rid of some of the bottlenecks in the legal immigration system, which seem to be contributing to labor shortages right now. they could suspend some of the restrictions on maritime shipping that makes shipping of products like oil more expensive. so, there are some things that lawmakers, the president could do to take some of that pressure off the fed, but ultimately, interest rate hikes are unfortunately the most powerful tool available to get inflation to come down. and that comes with this risk. >> catherine, i've gotta run. we appreciate you helping us out with this, thank you. >> thank you. >> it is a bill that can help save lives and ease the

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to a child, this is what conflict looks like. children in ukraine are caught in the crossfire of war, forced to flee their homes. a steady stream of refugees has been coming across all day. it's basically cold.

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how's he still playin'? aspercreme arthritis. full prescription-strength. reduces inflammation. don't touch my piano. kick pain in the aspercreme. comedian turned activist, john stewart, joining with veterans and some democrats on capitol hill today, angrily calling out senate republicans for blocking a multi billion dollar bill aimed at helping millions of veterans who are suffering from ailments after toxic exposure from burn pits during their military service. now, as you're about to hear, he's got some really strong feelings. and he uses some strong language. >> ain't this a -- ? ain't this -- ? america's heroes who fought in

our wars, outside, sweating their -- off, with oxygen. battling all kinds of ailments, while these -- sit in the air conditioning, walled off from any of it. >> so, an earlier version of the bill passed overwhelmingly last month but republicans now blocking it due to procedural issues. both democrats and republicans say they expect to work through their disagreements and eventually get the bill passed. but you have to admire, when john stewart is standing up for veterans. we'll continue to follow until you would happens. so, justin tonight, more missing text messages in the days leading up to january 6th, and maybe the most dangerous part they're saying it's all part of a reset of government phones. some familiar?

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