policies of the collective goal and mission of that team if you step outside of that, right, and they have the freedom to do so or he has the freedom to do so but you are also saying that you are different from the team and you are separate and apart from that team. do you understand what i'm saying? >> absolutely. >> he can't say this is my personal thing and still be part of the team because that's not what is good for the collective goal of the team. >> yes. his coach said the same thing. coach steve nash said look, you know, we have championship aspirations, everyone has to pull in the same direction. he didn't. i'll tell you what i don't like. this little side bar story coming out it's not that he's anti vaccine, it's that he is not taking it in protest for all the workers who lost their jobs because they wouldn't compile -- comply with mandates. here is my question. if he's speaking out on their behalf by not taking the vaccine, why isn't he speaking out? >> why isn't he giving them if he has information and not anti vax, why isn't he telling them it's okay and what the science shows about the vaccine instead of reinforcing and doubling and tripling down on misinformation. >> yeah, i mean, look, i had this conservative mark davis on tonight. smart guy. a lot of pull in texas on the radio and we were talking about, you know, he says it's the root of conservatism, liberty and freedom. you and i talk about this all the time. you have a right to do something, doesn't mean it's right the way you do it. and that has just been lost in this perverse sense of prerogative that hey, i have the freedom -- you have the freedom to walk into traffic. you know, we don't suggest you do it. whatever happened to character counts? and a conservative standing for values and ethics and doing what's right. remember how they attacked clinton? do you remember how mike pence as a member of congress wrote a letter saying judge him as a neighbor? >> uh-uh. >> we need to have the moral re recktytude in our leaders. so you're not going to do something science tells you to do to keep yourself and others safe in your community out of some perverse sense of freedom because you don't have to? >> chris, here is the whole point. you do have the freedom not to -- so then don't do it. but then you cannot expect to do what everyone else does. you have the freedom. and that's what they're telling him. you have freedom. we won't cancel you or fire you but you're going to be benched. >> he's going to lose a lot of money. >> fine. those are the consequences. >> there is a problem with the thinking because the thinking is how you get to january 6th. the thinking -- >> amen. >> is how you get people who are real republicans like five minutes ago, real ideas that need to be used as balancing mechanisms in our political dialogue now being quiet with the idea that yeah, that election wasn't real and the next one may not be either. >> and you cannot be hypocritical about freedoms and liberty when quite honestly and this whole hypocrisy drives me crazy. the whole idea about colin kaepernick, right? he can't do that. oh, i thought he had his freedom and liberty. so colin kaepernick suffered the consequences of what he chose to stand up for. you can agree with it or disagree with it. i'm not making a judgment on that. you cannot be hypocritical and say he shouldn't be able to do it and don't disrespect and don't do that or whatever. don't disrespect my right or the other team member's right to live and not get sick from covid. do you understand what i'm saying? >> the answer i got tonight that is interesting, why are we the only developed democracy having this vaccine struggle? >> you know why -- my answer is -- >> we're special. that's like saying why do we have more guns than anybody yeah, it is like saying that. why do we have so much more of a mentality towards violence? >> because we have the violence -- >> and violence towards each other -- >> we have the freedom to be ignoreant and violent. we have the freedom to act an ass. we have the freedom to do that and comes back to the question, just because you have the freedom and you can, should -- is it the right thing and should you? we should know better. we should be looking out for the greater good and our fellow man beyond just ourselves and we don't do that because we think that freedom means selfishness. and it doesn't mean that. that's it. >> negative freedom. you don't have the ability to tell me not to do but we don't think about the positive aspects of freedom, which is a responsibility to others and what license it gives you which happens to be the basis of the majority faith, christianity seems to be lost. >> i was thinking that. i don't want to go there because people get mad when i go there. they say my gosh. if you really want to go there, right, people are like you socialist or whatever. the biggest socialist -- >> here it comes. are you going to drop a j.c. >> jesus crist wanted to take care of everyone and didn't like money. >> he did say render to cesar what is cesar's, when asked about his taxes. >> it's easier for a camel to fit through the eye of a camel -- come on, chris, i went to catholic school. so did you. >> i did? >> yes. >> yes. i ain't even catholic and i know that's bad english. bad grammar. >> that's the least of our problems. >> the handoff was great today. wait until you hear this week's episode. >> did a lot of listening on this episode. >> you did? yeah, we talked about -- >> whatever you wanted. >> dave chappelle and we talked about trans and that discussion. tune into "the handoff". >> thank you, sir. >> make you witness. >> love you. >> love you. this is "don lemon tonight." we have a lot to talk about. i'm going to start with something that just happened. it happened and happened again. just sort of really encapsulates what we have been talking about and the frustration of many, many americans, rational thinking, compassionate, empathetic meetings. i'm talking about school board meetings turning into battle fields over mask mandates or vaccines or how to teach race and not going to highlight the people that turn up at meetings and they yell and scream. instead, i want you to hear what it's like on the other side. a board member in florida is telling her colleagues tonight that she doesn't have a problem with people expressing their opinions about school board policies but it's the personal threats that she finds intolerable. >> i reject him following me around in a car, following my car around. i reject them saying they're coming for me, that i need to beg for mercy. i reject that when they are using their first amendment rights on public property, they're also going behind my home and brandishing weapons to my neighbors, that they're making false dcf claims against me to my daughter that i have to take a dcf investigator to her play date to go underneath her clothing and check for burn marks. that's what i'm against. which is a credible threat. and calculated. >> that's the environment we're living in right now. that sums up the entire environment that we're living in now and we've been living in for the past five or six years. that kind of thinking. come on, people. the threats to school board members need to stop. we need to have civilized conversations with each other. we can agree to disagree, of course. chris and i do it all the time. we don't just do it on television. we did it at the dinner table. we do it hanging out. we do it over the phone. we disagree with each other all the time. but letting anger rule the day and threatening someone and their family and then making false claims about it and feeling like that you are entitled, that that is in fact reality. it's not. that is not what this country is all about. at least what it shouldn't be but that's where we are now. now, let's talk about what's happening or isn't with the democrats in washington when it comes to passing two of the biggest pieces of president biden's domestic legislative agenda. his trillion dollar infrastructure plan and his social safety net package. democrats are stubbornly divided into two camps and those camps are still far apart. ticktock. clock is ticking. midterm elections now a little more than a year away and if the democrats fail to pass meaningful jobs and economic legislation, the consequences not could be dire for anyone running in 2022 or 2024, it will be dire. mark my words. maybe too far. i don't know, i think they still might have some time to pull it back but the window is quickly closing. that's how big the stakes are. moderate senators joe manchin and kyrsten sinema are the lynch pins to getting the social safety net legislation passed and fighting back against progressives that want to spend $3.5 trillion, manchin and sinema demanding it be paired back to $1.5 trillion. house speaker nancy pelosi. >> i'm very disappointed we're not going with the original $3.5 trillion, which was very transformative. well, let me just say that $3.5 trillion, we were doing everything well. so not a question of now we're doing it well because it's less money but the fact is that if there are fewer dollars to spend, there are choices to be made. >> yeah, $3 trillion over ten years, right? over ten years. not like just this year or next year. ten years. did you hear that message, though? do less but get something done. the white house press secretary jen psaki insisting progress is being made in the negotiations but also acknowledging the key roles being played by manchin and sinema. >> the president's views that are continuing to make progress and we're having important discussions about what a package that is smaller than $3.5 trillion would look like. those conversations have to happen with a range of members. >> there is no doubt, no doubt that the biden white house is aware of the president's poll numbers are dropping with each passing week, that the legislation is stalled. to the average american, looks like there is too much fighting among democrats, that they don't know how to govern effectively. jen psaki trying to put a smiling face on the situation. >> we don't get too glim around here. he was elected to continue to press forward and address the challenges. >> guess what? the news is worse for republicans. you know why? because they are abandoning all their long held principles and selling their souls to the former guy's big lie. >> the single biggest issue, the issue that gets the most, the most pull, the most respect, the biggest cheers is talking about the election fraud of 2020 presidential election. the justice department was scared or didn't want to do anything about it. the supreme court refused to hear the case by texas and 20 other states -- >> can we stop it. sorry for running that. i try not to run that. here is what i try to do. i'll be completely transparent. i don't want to run those rallies on the show. that one got past me. i'm sorry. i'd rather summarize what he says. we know -- if he actually says something true and that made sense in running the sound byte makes sense. what he does there and that's the frustration from most people. do you play the propaganda? do you cover it? after all, he's the former president and there is a threat to our democracy. i get it. but do you have to elevate his lies? constant struggle. for a legitimate news organization. so spouting off one lie after another, putting our democracy at risk, that's what he's doing. it's sad so many republicans in america believe the lies of a twice impeached sore loser. but it's even worse. these are the sound bytes we should be running. it's even worse when sitting members of congress, people in power now like respected gop senator chuck grassley congressman steve scalise, the number two house republican that they go along with these lies. and him. his non-sense. him encouraging hundreds of his supporters to attend a rally in michigan state capital calling for an arizona type audit or fraud it of the 2020 michigan results. biden beat trump by more than 150,000 votes. and then remember the fraud it biden got more votes from the people actually on trump's side, saying there was election fraud and not finding any and gave biden more votes in the win. but then there is a sore loser calling the results a scam. this is also a very important week for the house select committee investigating the january 6th insurrection, which republicans from trump on down are down playing. look there. at least five people died in that horrific violence. five people. trump telling four of his former aides who received the first round of subpoenas that to ignore them. steve bannon telling the committee to take a hike. he and cash patel are scheduled to give depositions on thursday. mark meadows, dan scavino on friday. adam schiff warning of consequences if they do not cooperate. >> we're not messing around if people don't show up, if people don't provide the documents their compelled to, we intend to take up criminal contempt and refer to the justice department and we expect that it will be prosecuted. that unlike the last administration, no one is above the law and so we intend to move quickly. >> the select committee members saying today that they are unified in stating that criminal contempt should be the next step for anyone who defies their subpoena and that action should be taken very quickly. americans need to know just how close we came to losing our democracy on january 6th. and americans also need to pay attention to that. there is still lingering question, are we paying close enough attention to the warning signs that are out there in front of us? about the next one, are we? this is our lead story last night and big news tonight, as well. las vegas raiders head coach jon gruden referred to an nfl player as a queer and called the head of the nfl a faggot and called the now president a nervous clueless, p, grab him by the p. you know what i'm talking about. now the right is saying he's been canceled. a lot to discuss with, there he is, steven a. smith, espn. he's next. lavender baths calmed him. so we made a plan to turn bath time into a business. ♪ ♪ find a northwestern mutual advisor at nm.com your eyes. beautiful on the outside, but if you have diabetes, there can be some not-so-pretty stuff going on inside. it's true, with diabetic retinopathy, excess sugar can damage blood vessels, causing vision loss or even blindness. so remember this: now is the time to get your eyes checked. eye care is important to your long-term diabetes management. see a path forward with actions and treatments that may help your eyes— and protect against vision loss. visit noweyesee.com and take control of your sight. 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(vo) buy your next car 100% online. with carvana. the fallout continuing tonight following the resignation of jon gruden. resigning last night after years of emails laced with racist homophobic comments came to light. it was sent while he was working as a football analyst on espn. that network telling cnn the comments are repugnant under any circumstance or is this a sign of deeper problems in the nfl? joining me is star of espn's first take and "steven a.'s world" on espn plus and newest member of "nba countdown." thanks for joining us. let's get into this. flood gates opened in the email where gruden said that, you know, this about nfl players' association da marcus smith. he said dumbarcus smith has lips the size of michelin tires. and he called the commissioner roger goodell a faggot and then v.p. now president a nervous clueless pussy and criticized president barack obama. he also shared sexist memes about female referees and denounced the rams recruiting, a gay player in 2014. he's offended just about everybody. >> everybody. >> give him credit for this. he didn't miss. i can tell you that. he offended everybody. obviously tongue and cheek because he doesn't deserve credit for any of this. he deserves to be shamed and that's exactly what happened to him. my initial response when the first email came out, i was a bit hesitant to call for his firing and dismissal or even suspension, don because i was of the mindset it's one email that happened in 2010 about damorris smith, the executive director of the nfl players association, and the shame of apologizing and look black players and black colleagues in the face knowing what you said and described smith was enough but then as of last night according to the "new york times", we heard all of these reports and you didn't want a woman to be an official, michael sam who is gay, you didn't feel that roger goodell should be encouraging jeff fisher then the coach of the rams to be drafting a queer and obviously felt eric reed, a former teammate of colin kaepernick who kneeled with colin kaepernick, he felt he should have been fired. so you offended black people. you offended the gay community. you offended women. you offended the commissioner you didn't have the greatest relationship to begin with. you offended the vice president of the united states. you offended the former president of the united states. i mean, the list just goes on and on. he didn't miss anybody. and that is why he had to go but clearly, it was shocking considering the fact he worked at espn. i never saw that kind of language or indicate of tha behavior from him at all. it was very shocking. once the news came out, he absolutely had to go and i can assure you if he was still working for espn he would have been gone in a nanosecond. >> he wasn't part of the investigation. this is an investigation into the washington football team and uncovered that about the washington football team's workplace environment. is this the tip of the iceberg? >> absolutely. >> from the nfl i mean? >> yes. what i mean by that, don, is this, there is only one, really two minority owners in the national football league. there is shad conn, the owner of the jacksonville jaguars who is from pakistan, if i remember correctly and there is kim pagula of the buffalo bills that is the only female. that is it. there's no black representation. there is no other minority representation of any kind on an ownership level and don't get me started with the executive level. don, take this into consideration, don. jon gruden won the super bowl in 2002. he remained in tampa for the next six years. he made the playoffs twice. that's it. after that, comes to monday night football completely removed from coaching for over a decade and signs on to take over the raiders at the price of $100 million. >> $100 million. >> over ten years with bonuses that would take his salary up to 118, $120 million. i only bring that up to say this, is that happening for a black person? there is no way in hell that is happening for a black person. >> 70% of the roster and nfl players black, by the way. >> yes. >> let me ask you. i want to get to -- i'll take producers a little time here. bear with me. >> sure. >> so i want to ask you two things. the first thing is the conservatives are saying this is cancel culture because he was -- he worked for espn and you go back through your emails or what have you but he is a team leader, not just a player. he's doing the hiring and setting the rules and the example. no? i don't know. what do you think? >> listen, i don't buy into that. i know plenty of conservatives. i'm registered independent. i know democrats and republicans. i'm a fair minded individual. i'm about right and wrong. if they say something right, i'll give credit for it. if they say something wrong, i'll disagree albeit respectively as much as i can. there is a concerted effort to politicize things that don't need to be. we're talking about a core decency. that's what we're talking about here. a core decency issue. as a human being living in the united states of america, yes, the country is changing and what have you and people are coming out and being more open where they feel, where they stand, what their sexual orientation is, how they want to live their lives, et cetera, et cetera. >> society is changing. >> as long as you're not breaking laws and inconveniencing other people, as far as i'm concerned it's none of our business. too many people don't adopt that mentality and that's part of where the problem lies and that's what we talk about when we talk -- people use the word progressive. i use the word tolerance, understanding. listen, everybody's life is not yours and your life doesn't belong to everybody else. as long as you aren't bothering and breaking laws, chill out. live and let live. a lot of people don't feel that way and that's where the problem lies. >> i want to ask you real quick. the kyrie irving situation, what do you think? he's benched. >> well-deserved. the mandate is in new york. it's in l.a. now. it's in san francisco. if this man does not get vaccinated, he would be violating the mandate and as a result, he would miss 41 home games for the brooklyn nets plus a couple games at madison square garden and l.a. and san francisco. that's 44 to 45 games. sorry, if you can't take a vaccine that 6.2 billion people in the world have taken trying to claim you think there is a conspiracy going on and you want to be that defiant and leave the rest of your team hanging, the kevin durant and james harden of the world. as far as i'm concerned, the hell with you. sit him down, let him stay home. don't pay him a dime and let him live his life. if that's what he has to do. he has the freedom and right to do what he wants to do. they also have the right to say see ya, nice knowing you. you don't need to be part of the nba anymore. i i have no problem with that position. >> steven a. smith. thank you. >> my man. no problem. >> thank you very much. a lot of promises made. a lot of promises kept. who is getting the blame for biden -- not kept i should say. who is getting the blame for biden's stalled agenda. we'll look into that. that's next. 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>> yeah, i think there is reasonable concerns about that and they're well placed. we're going through a summer period and the first month or so of fall where president biden after coming in and having a very competent team come in and administer the rollout of the vaccine extremely well in the office and getting a number of cases down on covid, now people i think feel like things are in sort of ecstatic mode or somewhat backsliding on covid. the domestic agenda as you mentioned subject to a lot of end fighting on capitol hill within his party and afghanistan happened. the president's decision was right. the withdrawal could have been handled better. there is a sense of the forces that are sort of shaping the public's opinion of the state of things could be better but i think that the president has time to turn it around if he -- plenty of time, actually, if he put as focus on not just campaigning and messaging on popular issues per se delivering on the issues and the american prospect has a great piece up how democrats should be focused on a strategy called delivering. don't talk about lowering prescription drug prices but get it done. the decisiveness and looking like a strong leader will probably help him in the polls. >> sarah, listen, i found this, you know, extremely interesting and i want to hear about it because you led this focus group of democratic voters in pennsylvania and you say they don't feel like their lives are improving and promises are being kept. talk to me about what you're hearing. >> yeah, i did two focus groups. one of democrats in pennsylvania and wisconsin and they were incredibly frustrated. biden was getting a lot of seize from this group and a lot of it is covid as the other guest was talking about. people feel like we should be further along by now and there this malaise, they feel like they're dealing with supply chain issues. they're seeing inflation. people talk about they can't go buy a car. the cost of water is going up. so these real life concerns and then i'll tell you the other thing is biden really does have a messaging problem. they spend $2 trillion on the covid relief bill and none of the voters can tell you something that improved their lives about it. they don't know what it's in it 10% of democrats don't know what's in the infrastructure bill so there is just -- people talked about this in the focus group. they say where is biden? where is kamala harris? we want to hear from them. we feel like there's a lot of crisis and we want to see leadership and so people are sort of asking to be guided through this and to hear more in this moment. >> uh-huh. uh-huh. very, very good points. people often ask me why don't i hear from the president. they're glad he's not out on twitter every day or on social media creating chaos but they would like to hear more from the president and vice president of the united states. you know, brian, i spoke last night with w monodell robinson, the founder of the black male voter project talking to voters all the time out there. this is what he's saying about democrats. watch this. >> they absolutely have enough power because they control the senate. they control the house. and they are in the white house. so they absolutely can do exactly what they promised. they don't have the nerve and backbone to do it. when we see republicans in power not even controlling all three houses. mitch mcconnell stopped an entire democratic nominee for the supreme court being nominated for an entire year because he wanted to. the democrats are showing black people they don't want to show up for us, and it's dangerous. >> and he's saying he's losing support among black men. the democrats count on black voters. what can they do to course correct here and you said you believe there's plenty of time. i don't know if terry mccauliff feels that. i don't know if people in the midterms feel that. do you think there's time to course correct? >> well, i think that, you know, is there's a lot of rationals and explanation why progress is slow and coming on things like the infrastructure package or voting rights bill that the clip you just mentioned invoked. but none of them make sense in the public. none of them make sense to the voters that turned out in a massive wave election in 2020 to elect joe biden and a democratic senate. all these arguments about i have 58 senators supporting and two holdouts or it's the filibuster holding us back. they make sense on one level in the beltway but in the public, you have three way democratic control and if democrats don't deliver on the agenda they campaigned on, there is going to be a backlash i feel and some of the erosion and support that you're seeing is from democratic voters that are wondering why they don't have this infrastructure package passed yet. why aren't they willing to do what it takes to get the voting rights act passed so i think there is time because some events are within joe biden's control. certain things like covid are outside his control and certain steps he can take. rolling out the vaccine for school aged kids will be viewed as a big milestone. they could put him back on offense and confront with the covid challenge but certainly within his own party on capitol hill, wrangling the votes to get the voting rights act through, filibuster be dammed and getting the infrastructure passed is real points on the board. i think he can change things if he passes those -- >> i'm up against a break. sarah, we'll have you back. i want to talk more about the focus groups and what you're hearing out there. i'll say this, democrats, this isn't the 1990s. it's not the mid 2000s for president obama. it's not even 2020. read the room. thank you both. autopsy results are in. a coroner revealing what caused gabby petito's death. we'll have that for you next. introducing fidelity income planning. we look at how much you've saved, how much you'll need, and build a straightforward plan to generate income, even when you're not working. a plan that gives you the chance to grow your savings and create cash flow that lasts. along the way, we'll give you ways to be tax efficient. and you can start, stop or adjust your plan at any time without the unnecessary fees. talk to us today, so we can help you go from saving...to living. >> tech: when you get a chip in your windshield... trust safelite. this couple was headed to the farmers market... when they got a chip. they drove to safelite for a same-day repair. and with their insurance, it was no cost to them. >> woman: really? 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>> i would have given you 90% odds it would be strangulation because it's highly consistent with the controlling behavior we've seen from brian laundrie and we know he's not charged and he's a person of interest but obviously, it just fits with the puzzle that we've been trying to solve for the past month. >> yeah. what does it say to you about the person that killed gabby? this was a crime of passion. impulse? >> well, i'm going to argue it's not nearly as impulsive as you might think. again, impulse is going to be picking up any kind of weapon of opportunity, a rock, a knife from the kitchen, if you normally pack a gun to impulsively pull it out and shoot it because somebody is enraging you, that would be impulsive. the strangulation is intimate. it's close one on one and throttling is two hands around a neck usually thumbs pushed against the wind pipe breaking the hyoid bone. this is important because it can take easily five minutes to actually press the life out of someone and in that process, not to be morbid but the killer is looking in gabby's face and seeing her eyes and seeing her trying to speak and hopefully conveying, give me mercy but the killer still presses down minute after minute. so the level of control and composure that it would take to do that is personal, it's intimate and it's very intentional. >> the coroner's report also says that gabby's body was outside in the wilderness for three to four weeks before being found, the week before laundrie returned to florida. does not having an exact cause of date cause a problem? >> no. because august 28th is the date almost everybody is trying to piece together the timeline considers the most likely state to be her death. on the 27th they were seen together with a huge fight in a restaurant that tumbled onto the street and got kicked out and brian went back in and yelled at the hostess. people witnessed it. they reported it. the manager remembers it. then on the 28th -- >> i think we lost casey. there we go. casey is back. casey? you there? >> sorry. yeah, i'm sorry. i'm just telling you on the 28th, we didn't have any sight of them but on the 29th, this is the day brian laundrie was picked up by hitchhikers. he was alone and he said he was camping alone and his girlfriend was off doing her video stuff and the next day is the day that gabby's parents started receiving odd texts they were convinced were not from her. so not having the exact date of death doesn't matter. three to four weeks takes it back to august 28th. which is pretty much what we're sure is the date that she demised. >> yeah. casey, thank you very much. i appreciate it. >> always great to be here. >> absolutely. it's all biden's fault. that's what ted cruz is claiming about southwest's employee shortage. but take this, he made it up. ic. from dry and stressed, to bright and smooth. so, i can feel my best in my skin. olay body. fearless in my skin. thanks for coming. now when it comes to a financial plan this broker is your man. let's open your binders to page 188... uh carl, are there different planning options in here? 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