should be a good mirror of what is to come in a good foreshadowing example of what is to come across the country as we move forward for the next 20 years. >> and we are looking at rural counties in nevada. these are conservative. they do have smaller populations, but voting rights activists say, they absolutely matter. here is why, because if you think about the votes spread in some of these battleground states like nevada to me we are talking about tens of thousands in some case, but generally thousands, that is where it matters. the margins here, 1000 here, a few hundred here, what they are worried about is if this works in nye county and other rural counties, john, this could be upscaled to the other battleground states. >> terrific report, thank you very much. it is a busy night here. coming up, the results from an alaska special house election as former vice presidential nominee, sarah palin, attempts to make a political comeback. really? even if my old phone looks like this?

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and it's available now on ancestry. according to unofficial results released by the alaska division of elections, former alaska governor, sarah palin, has lost her bid to fill alaska's house seat for the year. democrats won the special election, delaying penalties palin's plan to make a comeback. she flipped the seat that was left and will become the first alaskan native in congress. palin became the republican vice

residential nominee in 2008 and in 2009 resided midway through her long-term in the governor's office. she has not run for office and then, despite today's setback, she will get another chance at the house right right with both peltola and palin in a separate election in november. the news continues, we will hand it over to don lemon. >> thank you for joining us. i appreciate it. last night, we were here, waiting for the doj to risk bond to trump's team wanting a special master. now, team trump is responding in court and i to that blockbuster doj following about the mar-a-lago investigation, doubling down on their plea for a special master and acknowledging classified material was found at mar-a- lago, but essentially claiming, that is not a big deal. so, imagine this is you. you get in some legal trouble, try

that defense for yourself if you are under investigation or potentially breaking a law and see how that goes for you. quote, the reported justification for this criminal probe was the alleged discoveries and the information contained within the 15 boxes of presidential records. this discovery was to be fully anticipated, given the very nature of presidential records, simply put, the notion that presidential records would contain sensitive information should have never been cause for alarm. alarm. alarm. get my mouth to work. which completely ignores the fact that those documents did not belong to the former president. he should not have them in the first place. that has been my point all along. they did not belong to him, regardless of how they got to him, they should not have been there. the buck stops with him. it ignores the fact that the sensitive information not being kept in a secure location could pose a risk to our national security. that is a big deal. regardless of which president you are or which party you belong to, it is wrong, no

matter who it is. there is a lot to talk about. we are just hours away from the showdown in the florida courtroom. the hearing to consider this request for a special master. let's be clear about this, the former president has not been charged with anything. let's remember what this is all about. the justice department saying, in its filing, the doj is in the midst of an ongoing criminal investigation pertaining to potential violations of the espionage act, as well as obstruction of justice and the lawful concealment or removal of government records. that is a big deal. the justice department saying in its filing, the doj is in the midst of an ongoing criminal investigation, a criminal investigation pertaining to potential violations of the espionage act, as well as obstruction of justice, and unlawful concealment or removal of government records.

criminal investigation. of who? and you would think, even the former president's defenders just might take all of this somewhat seriously. well, then you would think wrong. one of his attorneys calling espionage and obstruction quote, mundane statutes. >> what they did was, to try to criminalize donald trump, as they always do. they found the three mundane statues, espionage, and the two others, obstruction, and they are trying to claim there was some sort of criminal activity. >> mundane. so, i am going to state the obvious here, there is nothing mundane about espionage or obstruction. then, there is congressman ken buck of colorado, who you may remember signed a brief asking the supreme court to consider overturning the 2020 election, which did not happen.

now, he is apparently arguing some kind of writing that he was writing his autobiography exemption, which makes it okay for the former president to take documents that don't belong to him. >> he may be writing a memoir, he may be writing an autobiography. the fact that he had documents in and of itself isn't a concern. >> to say that you are the biggest donald trump supporter ever, do you actually think donald trump is writing his own memoir? [ laughter ] seriously, does anyone actually think donald trump is sitting down with notes and top-secret information and writing his own memoir? and how about this? this is from house judiciary

republicans, joking about time magazine covers while ignoring the documents marked top-secret and secret. you know what could be a huge threat to our national security? multiple documents marked secret and top-secret that never should have been at mar-a- lago in the first place and you are concerned about "time magazine." if the wrong people got to look at them, that could sure cause damage to our national security. let's discuss now. i want to bring in cnn senior lan analyst, and special prosecutor, former doj national security official and prosecutor vented brand grant. laura, where have you been all my life? i miss you! good to see you. >> i have been cheering on serena williams. [ laughter ] >> i am not even mad. we all have been. listen, laura. i've been wanting to get your perspective on this, can you sum up for our audience what the trump team is arguing to

last night's blockbuster doj brief? >> one, to answer your question, no. no one would think donald trump is actually writing a memoir, that is why he has in his session at mar-a-lago documents that ought to be returned long time ago. there are arguably simply this, we don't trust you, department of justice to conduct an investigation that would honor whatever privilege claims we think we have, whether they are good or not, we think, if you are trump's team, we have executive privilege claims an attorney-client privilege. although, you had a separate team go in and try to enjoy as those guardrails were up, we cannot see does, we don't trust it, we want our own person. the second argument, worse, they don't understand where the shock is coming from that they were classified arguments documents in mar-a-lago. of course they are classified, there presidential records, which makes you scratch your head here because the whole point of this exercise has been , you don't have the right to have residential records, you

are no longer the president of the united states. if one the one hand you are admitting you have them, saying, classified documents were contained in them, you have made part of the department of justice's arguments to suggest why you are not supposed to have had any of it. ultimately, this whole thing comes down, this motion, says, they want to have a special master. they don't trust the department of justice. really, what they made the case for is why the archives and doj cannot trust them to have returned anything they are supposed to, all of what they are supposed to, or give some reason why they shouldn't have had to. >> nick, let's talk a little bit more about what laura is saying. she is saying that trump's lawyers are arguing that classified material should have expected to be found in those 15 boxes taken from mar-a-lago, amy, it is the nature of presidential records here does that argument hold water, especially given the top-secret documents at issue here? >> of course not. this is stuff that is national

security secrets. i think what really caused the archives to send this over to doj for investigation was not just the fact that they were classified documents, but that they were mixed in with a lot of other irrelevant documents that just show that the whole thing was one big mess. so, they were concerned as to what was happening with these documents, who was looking at them, and who had access to them. it is much more beyond-- and by the way, the papers that the trump people put in, just refer to them as sensitive documents. they try to downplay everything in this brief. don't even acknowledge that they are highly classified documents at issue with this search warrant. >> they do, everything except they were hyperventilating about expired passports in "time magazine." you are quite right with that. brandon, it is good to have you

back here, especially because you specialize in the mishandling of classified documents. the trump team is outraged over the photo we will put up now, the photo included in the doj filing, calling it gratuitous. what do you think of that? what is your reaction? >> this is what happens when you collect evidence, in particular if you are collecting classified evidence. this is not an education indication of what it looked like, this is trying to demonstrate, this is the material sees from this particular location. one of the things that jumps out is, or are, i should say, what are called cover sheets. when you have classified documents, they are not just mark top-secret or secret, there is a coversheet. the point of that coversheet is to scream at anyone in the room that this material is classified so that you don't trip over it, so that there aren't accidents. so, when you see these cover sheets and you learn that there were hundreds of classified documents, it indicates that it

would have been difficult to miss this material. >> shouldn't-- i mean, shouldn't all of this have gone either in a shredder, be discarded, whatever it is, however they handle it? there is a process for this, and that process does not include to be on a former president's bedside table, desk, or however it was stored. it should be secured and under government detection, am i wrong about that? >> so, i would even take it a step beyond that. it is not about what should have happened january 20th with respect to the documents. i think the point was made earlier, if all of these classified documents, and i think we are over 300 classified documents at mar-a- lago, if they were all returned to the archives in january, we would not be having a discussion about a criminal investigation. we would not be having a discussion. it is not what happened to those

documents january 20th. people do make mistakes. many cases involving the mishandling of classified information are ultimately not prosecuted. people do make mistakes. it is what happened after that. i think that is sort of a key point here, the bottom line is, it is not that there were classified documents there, it is when there was notice there were documents there, ultimately they remained. >> laura, what is not in here is any mention of declassified documents or a response to the government saying that trump tried to obstruct the investigation, why is that not in there? >> because there is not likely a legitimate defense to those notions. they are trying to hone in and be very narrow in their focus in front of this particular judge. this is just for the audience clarification. this is not the same judge who signed off on the search warrant. they have to give a different judge the context, the comprehensive information to rule on things that they were asked about, which is the

special masters. they are trying to focus from a particular aspect of it as i think not a distraction to be nefarious, but there are stronger actions that they have in favor of why they believe a neutral figure in a case such as this, of extraordinary public interest, ought to check and make sure that every eye was dotted and every t was cross. i want to underscore this point you made, and brandon did as well, we should not be here. we should not be here because there should have been the cooperation from a former president to provide documents back to the national archives. yes, mistakes have been made. we must notably hear the analogy all the time raised about former secretary of state hillary clinton and her retention of documents on the private email server. guess what the distinction here so far has been, there was cooperation to provide documentation. the reason we are already here at the point and time we are talking about an execution of a search warrant, we have got the legal filings adjusting to them that look, all you were supposed to do here was not

have a criminal referral, but you should have gone back to the archives. that would have been scanned back and forth. that is not what has happened in the past, it is not what should have to happen at all when dealing with documents of this nature. we should never be here. we should never know about this. the story should have ended when the first 15 boxes were returned, and that should have been all of them. >> is this similar, when you are talking about the distinction, is there a presiding judge and a magistrate that sort of rules on things, is that how this works? >> there is different intermediate judges. a magistrate who rules on evidentiary things about whether a search warrant should be executed. the trial judge is usually the federal district judge will hear the case ultimately. >> nick, what about this idea that trump had an expectation of privacy at his residence, which is a golf was open to members, where he was apparently keeping classified documents. he was keeping them in his desk. >> that is the whole point of the fourth amendment. there is an expectation of privacy, and there is the

amendment basically, the fourth amendment says, you will be secure in your home and your positions and any searches have to be reasonable. to have a reasonable search, the government had to come in, as they did here, and provide noble cause that there was evidence of a crime, a crime had been committed and evidence of that crime existed in mar-a- lago. they certainly did that and the proof is in the pudding. what they came up with, they took. i mean, what the papers that were filed today completely try and downplay the whole business about what occurred in june, and then later in terms of turning over other documents and responding to a grand jury subpoena. are they trying to portray this as just the usual give and take when the archives gets involved with a president setting up papers, and this was basically just giving security advice. that is how they portrayed with in fact it is concealment in a

false affidavit offered by trump's own attorney saying, they had done an adequate search and looked everywhere for all the classified documents. that did not happen. >> brandon, before we get out of here, i have to ask what will the doj do next? >> they will do what they have continued to do. the special master here for me it is a bit of a distraction. the special master, at most, is going to potentially withhold some small amount of documents or delay it. the investigation is ongoing. what the department of justice, sort of two threads, one being led by the justice department and f ei, where they are determining what happened and why. they are determining why these documents were taken to mar-a- lago, why they weren't returned to the archives, why they weren't provided when there was a subpoena, why there weren't representations made to third and ultimately turned out to be false. there is also with the

intelligence community is doing, not just to determine what potential risks there were to national security and how to mitigate those risks. they are classification review. are these documents actually still classified me that is relevant to potential charges. there fingerprinting these documents, can they determine who access them? that is relative to criminal charges. they also have a timeline to determine why these documents in particular were in the possession of the president. they are going to all of that information. also, if we advance, if the investigation advances, what the justice department would be doing is determining could any of these documents actually be showing shown to a jury. there is still a lot of work to be done. >> brandon, you know your stuff, that is why you're here, as well as laura and nick. they all know their stuff. thank you. we will see you guys soon. it is the photo that showed us some of the actual secret

and top-secret documents the fbi found at mar-a-lago. there is a lot more to it than meets the eye. and you know who has the expertise on that? that is cnn's josh campbell, former fbi special agent that will break it down. that is next. new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today. why is roger happy? it's the little things carvana does. see, roger wants to sell his car stat. little things like getting a real offer in two minutes really make roger happy. so does carvana's customer advocate caitlin picking up his car at promptly 10am. hi, are you roger? berglund. with the honda accord? yes i am. it's right over there. will i be getting? and he loves that caitlin pays him on the spot.

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at the end of the doj's filing late last night with a single photo showing multiple documents found at the former president trump's florida residents. among them, a number of documents labeled sci and top- secret sci. tonight, his attorney found a brief saying, classified materials should have been expected in records found at

mar-a-lago. i want to bring in security correspondent, mr. josh campbell, standing by the magic wall. cnn national security analyst john hall joins us as well. good evening to you. josh, i will start with you. can you take us through this photo from the justice department's filing? there are clearly labeled documents, top-secret, sci, sensitive information. are these to be expected in the home of a former president? >> a court will have to make that determination, don. i can tell you, my friend stephen paul and i, when we were dealing with top-secret information, if we would have left government service and maintain these records and refused to give them back, we would be a serious legal jeopardy. what the former president is saying tonight in this filing, already a part of it, he says, this discovery of classified information was to be fully anticipated given the nature of presidential records. the notion that it would contain sensitive information should have never been cause for alarm. alarm it did cause. if you look at this fbi photo,

you can see the types of information they found. we are talking secret information and top-secret information. the definition within the intelligence community, if secret information falls into the wrong hands, it can cause serious damage to national security. top-secret, we are talking about grade damage to national security. again, the former president is claiming he has done nothing wrong. he said, this is to be expected. that would have to be litigated in this court. this is unprecedented, whether it is a republican or democratic former president, we have never seen one holding onto this type of sensitive information. >> can we dig in a bit more, josh and talk about what kind of information these documents labeled, that you see there, what would it contain? >> is here is a coversheet here this is what brendan talked about in the last segment. this sits on top of classified information. until the person holding the documents what is behind it, how sensitive that information is. i want to simply focus on these initials you see here. these are the types of controls,

additional levels of sensitivity. this is what was found at donald trump's residence according to the f ei. what do these acronyms mean? we are talking about human control. this refers to spies run overseas, like steve paul used to run as a cia officer, highly sensitive information. we also talked about special intelligence. this is within the realm of the national security agency. think about wiretaps, signals intelligence collections, and his last here, talent keyholder, not a household name, but that is a reference to a highly classified u.s. government satellite program. again, we don't know what exactly was in these documents, but looking at these cover sheets, we can tell this information was potentially highly sensitive, don. >> steve hall, what could happen if some of these top- secret sci documents were exposed? >> you know, nothing good. all sorts of bad stuff. i think a lot of people are confused on maybe we need to protect sources and methods.

you hear a lot about that. that is certainly true in the case of human intelligence. we don't want our spies executed in foreign countries where they are working with this the methodologies by which we collect other information, that is very important. there is more than that. we are talking about protecting national security. we are talking about things like protecting troops in the field. for example, remember the raid against osama bin laden again during the obama administration? what if that information had been laying around on somebody death and somebody seen it and reported back, the navy seals would have landed to a whole bunch of al qaeda guys who would have killed them. we are talking about lives of americans, national security issues, as well as trying to protect people who are actually providing us with this very sensitive stuff. those covered documents that josh was just referring to is very important. when i was sitting at my desk

as a cia, if i got one of those cover sheets on my desk, i did not at the end of the day pick up and go home. that stuff had to be lowered securely, even inside of cia headquarters in a safe one other thing i forgot to mention that is critically important, the stuff that goes to the president of the united states is not just common stuff. if i collected something at cia from a human source and it ended up on the president's desk, i get pats on the back. i get promotions. it is top 1% that goes to the president, not the less important stuff. >> the stuff he needs to know about, urgent, immediate stuff. steve, i want you to respond to this. take a look. the this is trump's lawyer on fox. q what she said. >> i have down there and down there frequently, i have never seen that. i have never, ever seen that. that is not the way his office looks. anybody that knows president trump's office, he has guests frequently there. >> she just said, he has guests frequently there. is she from the point of just how dangerous this is?

>> yeah, absolutely. first of all, no surprise here do we know what kind of person donald trump is in times of-- likes to have a lot of people around him. we saw this in the white house remember the time he had the russian foreign minister in the office and build some very sensitive intelligence that we got from the israelis. the fact that there is people in his office, this is why you have a thing called a skiff, a facility that is specifically designed to make sure that people can't see it, this classified information, unless of course you are allowed in the skiff and it is protected. it is from that picture, big glass window behind him, cell phone sitting on his desk, these things are good security for stopping the bad guys from seeing the very sensitive stuff that the american intelligence community collects. >> oh boy. thank you gentlemen. i appreciate it. he frequently has guests there.

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you want to watch this segment. do you know how i know? because it is fareed zakaria. before i introduce him, former president's legal team telling a court that sensitive material should have been expected at mar-a-lago. that, as president biden is set to deliver a major speech on the future of democracy tomorrow night. there he is, fareed zakaria. so good to see you, my friend. there is a lot going on. i want to start with this investigation into the former president for keeping this classified information at his beach resort. what are allies thinking about? are they watching these details about the nature of the

classified information coming out, knowing that their intelligence, their secrets may have been compromised? >> sure. particularly, those governments that will with the united states very regularly, share very sensitive material. i am sure they are worried,'s could some of our stuff be in here? depending on what the markings are, sometimes you can, sometimes you can't. what we can tell, a lot of this is highly classified. many governments, most of our closest allies had very poor relations with president trump when he was in office and they routinely saw that he would tell the russian government things he was not supposed to, tell the russian ambassador things he was not supposed to tell, tell kim jong-un things he was not supposed to. in a sense, there are a few governments, the ones that manipulate well from some metered middle eastern countries, like saudi arabia,

maybe russia, that like the kind of czar, chaotic, lack of respect for any kind of institutions, norms that trump had. most governments looked at trump's conduct of foreign policy with a great deal of anxiety. this probably is in a sense which is the case that, it reminds them of just what an unsettling period in american foreign policy that was. >> i remember the meeting, i forget which summit it was, where there was a hot microphone situation, maybe the same where he elbowed the world leader out of the way because they were all standing there having a cocktail, talking a little bit of smack about donald trump, shows you the kind of relationship they had with him. let's talk about lindsay graham. people like lindsey graham, i should say. there are warnings about riots in the streets if trump were to be charged. whether what are the consequences if he is charged

or if he isn't charged? >> what lindsey graham said was truly dangerous and what one has to understand, it is really dangerous for anyone to say, and injures for a u.s. senator to say. what lindsey graham was saying, i don't care if trump broke the law, you can't indict him, because there will be riots on the street. that is, for the republican party that has historically claimed that it was the party of law and order, essentially, that is the claim somebody is above the law. it is important to remember the big picture here is that donald trump does appear to have broken the law. there are laws about how you handle classified documents, he broke them. there are laws about obstruction of justice, his team sees seems to have lied to the fbi. this is a part of a pattern. what everyone may think about the mother investigation, i

have mixed views about them, but mueller has clear details of obstruction of justice, the only thing that stopped him was the memo that said, you can't indict a hidden president. there is no question that it was obstruction of justice. if you have a case where there are clear violations of the law , for a united states senate to say, i don't care about that, this guy is very popular, that sounds to me like a banana republic,-- you can say, you have got to think about this politically. i think it is important for the justice department and merrick garland to explain, what is going on here? why are these things so important? what is the procedure being followed? all of that is perfectly fine. to say, as lindsey graham did, i don't care they broke the

law, if you indict him, there will be riots in the streets, that is fundamentally a claim that donald trump is above the law. >> banana republic or just bananas. i want to turn now to the current president, biden's primetime speech tomorrow, being billed as a focus on what he calls, the battle of the soul of the nation. two years into his presidency, he is turning to this sort of language in campaigning away from sort of language that got him elected, is that a smart move? do you think he is turning toward it or away? he was supposed to be the great unifier. do you think what he is doing is unifying, or this is what he needs to do? >> it will depend on how he does it. you asked a very important question, don. in some sense, he is reminding people of thing that israel. let's not forget, in the middle

of all of this conversation about inflation being up or down, you have this really serious problem. it gets boring to repeat. you have the republican party putting in place, at donald trump's behest, a series of moves in a state legislators that appear to allow it to not pay attention to the will of the voters in the 2024 election , to in a sense make it impossible for the brad ratzenberger of the world stopped, who did not yield to trump's pressure in 2020. if that happens, you have a huge constitutional crisis here. now, how should we deal with this? how should president biden do with this? i am not sure. i think that part of the challenge here is that there are vast numbers of republicans

who believe this nonsense. it is a series of lies, destructive, dangerous lies. there is evidence, they believe it. look at what happened to liz cheney. liz cheney is a conservative republican. she is a social conservative, an economic conservative, a national security conservative. she probably agrees with donald trump, and voted almost entirely with him. the one issue on which she disagrees is that he was trying to overturn the 2020 election and she thinks that is a deeply dangerous thing to do in a democracy. look what happened to her. i hope biden approaches it from the point of view of trying to persuade these people to make them understand just how important the stakes are and whatever you may think of trump and his policies, and his style, maybe like him, his policies. there is this much more important issue, which is, we

have got to preserve the institution, safeguards, the norm, the procedures for republic, for a democracy, to remind all americans, this stuff is fragile. there has been democratic backsliding all over the world from hungry, to poland, to india, to turkey. it is happening because people are frustrated, but the united states is the oldest constitutional democracy of the world. if it happens here, the effects could be irreversible, not just in the united states, but around the world. >> fareed zakaria, everyone. we will be back. appointment and a certified hearing care professional evaluated my hearing loss and helped me find the right device calibrated to my unique hearing needs. now i enjoy every moment. the quiet ones and the loud ones. make a sound decision. call 1-800 miracle now,

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permanently. prop 27. they didn't write it for the homeless. they wrote it for themselves. president biden set to deliver a major speech in philadelphia tomorrow night. the president making what he called maga republicans a target of his midterm campaign. senior political analyst scott jennings is here, along with senior political analyst

natosha mulford. good evening to both of you. scott, by this time tomorrow night, the president will have made his speech for the battle of the soul of the nation. he has been calling out the maga republicans who support the president's move, seemingly no matter what. don't we have evidence of that today? no matter what? they don't really call him out? you got all of this, you got this, and they are making excuses? >> joe biden wants to make this election about donald trump and republicans want to make the election about joe biden and inflation, other things. this is the internal battle going on between the two parties. unfortunately, donald trump often gives joe biden the ammunition to do it. this is a raw political matter. everyday we are talking about this. there is a day we are not talking about the stuff that voters care about and actually move people in elections. >> you don't voters care about this? >> i'm saying, republicans. everyday republicans are having to defend what donald trump is

doing, it is a day they are not dealing with inflation, economy, the messages that would work for them in an election. >> perhaps the response should be different. this is a reaction to donald trump keeping top secret documents at his home. this is republican congressman, ken buck, watch. >> i understand that former presidents, former secretary of states may very well have classified information. he may be writing a memoir, a autobiography. the fact that he had documents in and of itself isn't a concern. how he treated those documents, what negotiations occurred with the archivists, we just don't know at this point. >> scott. >> i mean. [ laughter ] come on. look. >> you think donald trump is writing a memoir using notes? i asked that question at the beginning of the show. >> look at me several things can be true. number one, it was wrong for him to have the documents, stupid, whatever. >> say that again? why can't people just say that.

>> it is objectively true. number two, we still don't know what was in it exactly. we are still engaging in a lot of speculation. number three, there is competing viewpoints and narratives out there about whether he will be indicted or not. there was some writing in the "new york times" article about the documents this morning that he may not be moving swiftly to indict him, although other legal commentators who think it was a clearer statement that they will indict him. it is not clear what is going to happen here. what is objectively true is, you don't have to sit around and speculate and make up reasons why he might or might not have done it. you can simply say, i don't know if she should have done it, but i don't know what what is in the documents of so i will hold judgment. >> he should have not had the documents, that is objectively true. i think what is true, the archives and the doj, they wanted their records back and they went in and got them.

whether he will be indicted, you are right about that. i think we will cross that bridge when we get to it. the point is, aren't they running out of excuses? don't you think republicans are running out of excuses on this? >> i think it is a reflection of the state of politics right now, where we can't even agree on basic common sense. the clip that we saw, the reach as the kids say, don't your arms hurt from reaching like that, it just doesn't make sense. we are in this world right now where the big lie continues to thrive. we have elected officials who actually know better that are insisting that things are true, knowing that it is not because they want to remain in power. that is the concern and i think that is what president biden is starting to shift his messaging to come away from this idealism of bipartisanship, and how he was going to bring us together, to the realism of the moment and saying, this is what is at

stake. we are concerned about the outcomes of elections actually being fair because people are being elected to office to change the outcome. >> my question to fareed earlier, is he shifting toward the language he was using when he was running, or away from that, because it is a different shift in the way he has been governing, according to you? >> i think it is a shift away from that language. the bipartisanship, yes it felt like a nice bullet point on the resume to me but i think we are all in the space where we realize, that is not a reflection of where we are as a country. people are very divided in their camps and sort of entrenched even further in those camps. i think he is moving away from that language and trying to appeal to, again, the soul of the nation, talking about uvalde, texas, not being able to identify the bodies of children. that is an appeal to the humidity at heart, does not matter if you are a republican

or a democrat. we can all agree that is a problem. people have grown so numb to this problem because congress has not done anything about it. >> yesterday, he was pushing an assault weapons ban, tomorrow he will be talking about the soul of our nation and democracy. >> look, my views on this are a little different. i do agree it is a shift away. if you go back to his inaugural address, and listen to the way he is talking about republicans now, he is not trying to unify the country. >> a lot has happened between now and his inaugural address. >> he ran his campaign on, i am going to unify the country. his message to the nation, we are all in this together, i'm going to unify the country. now, he is saying two things, one, lots of y'all are fascist, and by the way, if you vote republican, there's a decent chance our democracy will no longer exist. these are not unified messages by any stretch. >> i think you and i both agree he is doing it-- >> can it be some of what he is saying is true? a lot of folks will go, where is the lie? i don't see no lies detected. >> i don't think there are 70,

80 americans would say, just because i choose to vote republican does not make me a fascist. >> i got to be honest, he did not call all republicans fascist . he said maga republicans and made the distinction and also pointed out republicans who were not a part of what you are saying. look, i know it is a good campaign. >> listen, why is it up to joe biden to divide of the republicans? >> he is running. okay, scott, listen-- the former president every single day talk about everybody, including other presidents, including members of his own party, probably you on cnn, and now everybody all of a sudden have got the papers about one statement that joe biden made in the entire year and half of his presidency. it is just, spare me the-- >> but republicans aren't the ones who had joe biden out everyday saying, i'm going to unify the country, we are all in this together.

we are not enemies. >> he is also telling the truth, scott. he is telling the truth about what is happening in the country for the most part. not saying everyone is a fascist. i am not even saying it was the best thing for him to use that language, but you have to call a thing a thing. you have to call it what it is. that is unifying, by bringing people around to the reality of what is. >> if you go to the average republican, who-- i don't know what they consider themselves. maga, regular, whatever. the average republican who went into the voting booth who said, i will vote republican, or are planning to do that in this selection and you tell them, joe biden may think you are a fascist or semi fascist, whatever that means. he is also arguing, if you choose to vote republican me you are essentially trying to end american democracy. a, it is not unifying. b, it is not in the character

of what he said he was going to be. c, that is not how average republicans-- >> you are not understanding, there is no crystal ball november 2020. there was no insurrection a part of the record in 2020. >> there was on inauguration day. >> you said in the voting booth. if you ask any republican. there was no insurrection. there was no the election is a lie, joe biden is not the newly elected president, there was no denial of the reality of what is happening. i think, yes, in that moment, okay, fine. that is not what is happening over the last year and a half. the last year and a half, a lot of things have happened. i say all republicans, republicans who come on cnn, you and leaders they have got a lot to answer for because they have made excuses for this president's behavior the entire time he was in office and now that he is out of office, when it is blatantly obvious that many of the things he did were wrong! >> and a republican response to

that will be, look, i might agree with you on a lot of what you say about donald trump's behavior and what he has said and done, but that does not mean i have to reflexively accept or support what joe biden is doing in the country. that is the choice he is laying out. >> i am not saying that. i am saying, i think republicans in this moment should spare me the hysteria about something that this current president, one thing that he said, when every single day i sat here for 5 years and listened to donald trump call people, call countries , call people sons of , make fun of reporters for their disabilities, all kinds of things we talked about people's mothers, he made fun of gold our families, not all of a sudden republicans, oh my gosh, he said there was a semi fascist in the republican party and you get all bent out of

shape for it. have the same energy for donald trump as you had for joe biden when there is something you don't like coming out of his mouth. >> first of all, i am not hysterical. second of all, is that the bar you are setting? >> no, not the bar. >> donald trump was mean, so. >> we are talking about fascism. it is not about hurting people's feelings. it is problematic people are more upset about the term semi fascist and the actual elected officials who are threatening violence saying things like, dr. fauci out of the way, this is ron desantis, who is supposed to be a governor. clinical violence is a part of america's dna. >> i am in so much trouble. [ laughter ] we will be right back. thank you guys, thank you. with the widest selection from the hottest brands. like nike, jordan, hoka, the north face, and more. the looks you want. the backpacks you need. all under one roof. when you're running short on time, one-hour pick-up is always an option.

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