to corrupt and exploit your viewers, lead them down the path. i just found it to be disgusting. i cannot believe it happened. every day i'm more surprised when that happens and you know exactly what i'm talking about. >> i knew that as soon as there was an opportunity, people would take the fact that -- >> two seconds after he died? >> absolutely. that he died -- because what do you value? if you only value advantage and not to quote general powell, whether or not you're making things better, then of course you would. this was ripe for being -- >> shame on them. >> for being twisted. there is no shame in their game. >> we're talking about the fox propaganda network. >> look, and other -- >> and other contin gents of fringe right where they make leverage of misgivings. this is your typical addition by subtraction and it works and i had to deal with questions today from people saying well, i mean, you know, he was vaccinated. what does that tell you? >> he had cancer, too. and parkinson's and he was 84 and he was getting treatments and he was weak. that's why -- >> it was important for the people around him to be vaccinated even more so. >> that's right. by the way, i know this is true for don, also. i'm not talking about his family or friends. i don't know who he was exposed to. one of the reasons you have to get vaccinated is you don't know who you're going to expose to what's going on with you. but look, i think that ultimately, the way he died and people trying to make it into something else, that was happening to him his entire life. his entire life people were trying to define him wrongly for their own purposes and he overcame every time and hey, you know, 84 years old, you got cancer, you got parkinsons, and he was still battling on driving in his own corvette to treatments. he was a singular man. want to hear something trippy? 1995, okay, this is my father, may he rest in peace, his pitch to get powell as a democrat. remember, colin powell, you need to know one thing about colin powell that makes him better than anybody else in politics. find me another guy that both parties wanted as the head of their ticket. he's a natural democrat. right on the issues. listen at 95 what he said the issues were. affirmative action, gun control and environment. his message is just right that you should treat everyone as being in one family. he represents what the country wants most of all. they don't want democrats. they don't want republicans. they don't want politicians. they want strength and sweetness in a candidate. powell is strength and swe sweetness. he's a general and son of immigrants and has everything. >> yeah. >> 95. same issues. >> your dad is right. right along with my politics, they don't want democrats, they don't want republicans. they want human beings and compassionate people and see other people's humanity. let me tell you, i also have a story. it is trippy because growing up, you know, this little kid who came from maybe the wrong side of the tracks, right? or some people would think that. i don't actually think that. i grew up in louisiana. came from nothing and all of a sudden, i'm sitting at a dinner table, just someone invited me over, come to dinner tonight we have special guests. i say okay. guess who i'm sitting with. colin powell and tony blair. i was like -- did you mean don lemon? someone else? i got to tell you i got to know him and his wife socially. i didn't know them well. i'd see them and they were very kind and we'd have conversations. the nicest most down to earth people you'd ever meet. humble, humble and even though the guy had scene and experienced everything and met everyone under the sun, not an ounce of pretense. alma powell, i'm sorry for your loss and the entire family. >> i think it's important this fight about what it means, his passing is a good fight. the guy was completely committed to making things better and speaking truth when it's inconvenient and uncomfortable and he did something, again, you know, if you want a second reason he was better than so many in his generation politically. he owned making a big mistake and selling the war. >> i'm glad you did. he said i was wrong. i regret it. >> he owned it. let me tell you, very few in that administration -- i would argue, actually, none owned it the way he did. >> can you imagine now someone in the priored a minu ed admini saying i was wrong, i made a mistake and the information is wrong and i regret that? >> i can't imagine anyone doing it in any reason now. we're in a different time. colin powell had everything coming after him that you could have in this country but he didn't have social media until what he said about january 6th and people came after him a little bit about that but he's a made man but that. but look, everybody is vulnerable. but i will tell you, you know, sometimes things happen for a reason and him passing now in the midst of this in the way he did, it's a powerful reminder what is supposed to matter right now. >> yeah. >> and his life i hope stands as testament to what we're lacking. >> as they say, god rest his soul and may his memory be a blessing to us all. thank you, brother. >> love you. >> love you. >> nice tribute to him and your dad. i love you, as well. this is "don lemon tonight." i got a lot to talk about, a lot, a lot, a lot. here is the biggest thing on my mind right now. all right? when i say, when people say protest too much, what is he trying to hide? why is the former president of the united states so determined to keep january 6th that committee from finding out what he and his allies were doing before and during the insurrection at capitol hill? why, oh, why, oh why? our breaking news. the white house slapping down his claims of executive privilege saying and i quote, former president trump abused the office of the presidency and attempted to subvert a peaceful transfer of power, the former president's actions represented a unique threat to our democracy that can't be swept under the rug as president biden determined, the constitutional protections of the executive privilege of executive privilege should not be used to shield information that reflects a clear and apparent effort to subvert the constitution. that is from the white house spokesperson mike gwen. so, president biden himself mixed the executive privilege claims as the former president filed a lawsuit, of course, in d.c. district court today against a january 6th committee and the national archives as part of his campaign to keep records from his presidency secret. and he may be running out of time because the national archives telling him they'll turnover the records to congress in less than one month unless the court intervenes. trump's lawyers calling the request quote an illegal fishing expe expedition. this is no fishing expedition. this is bringing to light what p h happened on one of the darkest days in history. when blood thirsty rioters stormed the capitol beating police trying to overturn our free and fair election. the committee sending a letter to steve bannon for failing to compile and dismissing his claim of executive privilege and one of only two republicans on the committee says the former president could face a subpoena. >> if we subpoena all of a sudden the former president, we know that's going to become kind of a circus. that's not necessarily something we want to do up front but if he has pieces of information we need, we certainly will. >> we got a lot more to come on this, believe that. we have more to come. but as we were talking about, the news that shocked so many people today, the death of general colin powell. a man who devoted himself to his country through a lifetime of firsts. the nation's first black secretary of state. the first black chairman of the joint chiefs. the first black national security advisor. listen to what he told me. this is back in 2009. he's talking to me about barack obama. this is after barack obama the candidate he endorsed after serving in the regan and george bush administration became the first black president of the united states. here it is. >> we now have a man who is president who is african american, but let us not rest on that pedestal. let's recognize we have a long way to go. >> do you feel like you in someway contributed to where we are now, that moment, this new president? >> i think i did but i'm not bragging about it because hundreds of thousands cop tran -- contributed. i contributed in a visible way by becoming the first secretary and national security advisor and chairman that was black but i was given an opportunity. i'm more impressed by those who came before me who could have done the same thing i did but they didn't have the opportunity because of racism and segregation and jim crow but they still fought. >> uh-uh. and listen, we have something new tonight about what colin powell said. this may have been his last interview speaking openly with bob woodward about his health struggles in an interview for the both "peril". >> you see, i got to go to the hospital about two or three times a week. i have cancer and i've got parkinsons disease but otherwise i'm fine. >> oh, no. i'm so sorry. >> don't feel sorry for me. i'm 85 years old. got to have something. i haven't lost a day of life fighting these two diseases. i'm in good shape. >> that's great. you've never lost a day of life. i mean, think of the activists generals, former secretary of state and now oracle, right? [ laughter ] >> yes. >> wow. what an attitude, right? i'm 85 years old. i have to have something. amazing. amazing attitude. you know, that was just three months ago. the military man in the fight of his life while down playing what he was going through. tonight, the president of the united states joe biden paying tribute. >> not only a dear friend and patriot, one of our great military leaders and a map of overwhelming decency. this is a guy born a son of immigrants in new york city raised in harlem in the south bronx, graduated from city college in new york. and rose to the highest ranks not only in the military but also in areas of foreign policy and state craft. >> queny graduate. i am, too. i got to speak to him about that in person. so news of colin powell's death breaking about 8:00 this morning and within minutes at the fox propaganda network, they were saying this. >> there will be many conversations in the wake of the death. they will be honoring this man, this public servant and a professional soldier for 35 years. we can reflect on his life and we should. there will also be conversations about the fact he was fully vaccinated according to his family and died from complications from covid. >> minutes. literally minutes after we learned of the death of a man who devoted his life to everything isserving this country, minutes later using his death to raise questions about vaccines. that wasn't the end of it. it goes on. >> we're seeing data from europe, the united kingdom, the fully vaccinated people are being hospitalized and fully vaccinated people are dying from covid and here we have a high profile example that will require more truth, more truth from our government, our health leaders, as well. as we talk about this story on a day state after state and institution after institution are pushing mandates for vaccination. >> seriously? i guess -- yeah, don't be fooled. never learn. don't know any better. i don't know. don't have the chops. i don't know what it is. just -- with a natural instinct not to do something like that. it seems like, you know, any descent human being, no, you just don't -- you know. at least that's how my mama raised me. a man just died and this guy can't wait to make it into a fight about vaccine mandates? it is disgraceful. and then, in a twice deleted tweet fox' john roberts said the fact that colin powell died from a breakthrough covid infection raises new concerns how effective vaccines are long term. he went on to say that he deleted his tweet because people interpreted it as anti-vax. okay. that was his defense. look, that's the original tweet again. do you want facts? so i will give you some facts. colin powell's death doesn't raise new concerns about thefectiveness of vaccines. the fact is colin powell, a soldier to the end, was battling multiple myloema which is a cancer of the cells that make antibodies. he also had parkinsons which put him at high risk with an immune compromised system making him much more susceptible to the virus. doctors say what colin powell's death shows is this. vaccinating everyone is important to protect cancer p patients. you get vaccinated if rfor your but get vaccinated to protect the vulnerable people like general powell. that would be a fitting tribute to his legacy of service. colin powell was a man of character and a man of integ in integrity, a permanent blot on his record in the 2003 speech said proved iraq misled inspectors and hid weapons of mass destruction. two years later, a report said the intel jepligence committee dead wrong. >> i regret it now because the information was wrong. of course, i do. i'll always be seen as the one that made the case before the international community. i swayed public opinion. there is no question about it. >> again, this is him owning up to what he later called one of his most momentous failures, the one with the widest ranging impact. so that's what descent people do. that's what caring people do, empathetic people leaders. we make a mistake, we admit it. we do it all the time here at cnn. i'll say i made a mistake. that was a map of duty. a man that put his country first. the former president barack obama paying tribute to colin powell today and i quote, on a personal level, i was deeply appreciative that someone like general powell was willing to endorse me in 2008 but what impressed me even more was how he did it. at a time when conspiracy theories were swirling with some questioning my faith. general powell took the opportunity to get to the heart of the matter in a way only he could. >> the correct answer is he is not a muslim. he's a christian. he's always been a christian but the really right answer is what if he is? is there something wrong with being a muslim in this country? the answer is no. that's not america. is there something wrong with some 7-year-old muslim american kid believing that he or she could be president? >> where is that kind of republican today? where is that? he's a muslim. he's -- i wonder who started that whole thing. i shouldn't say that. i wonder who is the biggest proponent and spreader of the whole wasn't born in this country thing. we have investigators in africa. you won't believe the information we're finding. it was nothing again. same thing over and over. barack obama going on to colin . he tried to bring his own life, career and public statements in line with the idea. michelle and i will always look to general powell what americans can and should be if we wish to remain the last best hope of earth. if we wish to remain the last best hope of earth. do we wish that now? is that what the collective wish is? it was just a few months ago colin powell told fareed zakaria he no longer considered himself a republican. the answer to where is that republican today? the ones who actually had the backbone and courage to stand up and say something like he said and live their lives like he lived. where are they? they are develop. the men who once said that he believed he could help the party of lyincoln move back to the spirit of lincoln. to the very end he was a man of character and integrity. don't see that a lot in the gop a anymore. i think it's a good time to go to break. rest in peace colin powell. 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. growing up in a little red house, on the edge of a forest in norway, there were three things my family encouraged: kindness, honesty and hard work. over time, i've come to add a fourth: be curious. be curious about the world around us, and then go. go with an open heart, and you will find inspiration anew. viking. exploring the world in comfort. was that your great-grandmother, keeping the family together? 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>> he really doesn't. what is interesting is of the people that have been subpoenaed, steve bannon probably has the least footing and he's the one who is making the most dramatic statement saying that he's not going to compile. he wasn't an employee of the executive branch to the time that this conduct is being examined. meanwhile, some of the other folks had their time to appear and to voluntarily compile extended including mark meadows and kash patel and others. steve bannon is a pretty extreme, dramatic guy. his lawyers say in his defense on three prior occasions with respect to investigations by the special counsel, he has testified but here president trump directed him not to even though as you point out there seems to not have been a formal privilege with the relevant committee. he doesn't have any leg to stand on. i expect as you point out, the house will vet to certify a request for referral for him to be prosecuted and we'll see what the doj does. >> the subpoena lists 17 areas of investigation including planning and communications of january 6th, of the january 6th rally correspondents with rallies like john eastman, michael flynn, sydney powell, rudy giuliani and any communication with trump regarding january 6th, specifically conversations they may have had on december 30th. what is the committee after here, prete? >> they're after the full story. any time you conduct an investigation, you want to make sure that you hit the bases. you check all the boxes. you get all the communications and that's particularly so given the importance of the nature of the investigation and the nature of the harm that's being investigated. i mean, in all these circumstances, you know, the basic principle is whether there are privileges or not, in this case there aren't any that i can determine but if there are, you have to see what the need for the information is and part of how you determine the need for the information is the importance of the inkwiquirery based on the conduct you need to uncover and break down and understand. and it's hard to imagine something more serious than an insurrection at the capitol on january 6th that sought to not only undo an election but to harm sitting members of congress up to and including the speaker of the house and the vice president of the united states mike pence. so they have an enormous need for this material and i think at the end of the day, they will get a lot of it, if not all of it. >> yeah, prete, not surprising. we have known for those of us who are new yorkers have known for a long time the former president, he's suing the committee and the national archives to keep the white house records private. january 6th committee chairman bennie thompson and the vice chair liz cheney are res responresponding tonight saying it's nothing more than destructing the problem. precedent and law are on our side. is trump's lawsuit a delay tactic or do you think it can work? >> i don't think it can work. i think it is a delay tactic. keep in mind that the house is currently controlled by the democrats who formed this select committee to investigate the going, the doings of january 6th. they're only going to be in office for another year and a couple of months if the house changes hands. and as we've seen in other litigations including with the respect to the former white house counsel, if you get into litigation and get this stuff into the courts, it takes time and even if you get ruled against as trump almost certainly will be. you can appeal and you can appeal again and you can ask for rehearings. so it can take some time. i think that in this matter, the law is so clear and the understanding that the information being sought is so important and the time is of the essence, you know, given what will happen in the coming year that we could have quicker judicial rulings than we normally do but yeah, it's 100% a delay tactic i think. the lawyer for the president, the former president in this case is making extreme and broad assertions that have been rejected before essentially saying that the entire investigation and the attempt to get documents and to understand what happened on january 6th is itself illegitimate and essentially unconstitutional and that just is not going to fly. >> prete, thank you. appreciate you. see you soon. be well. >> sure, don. he is known for the big lie but he is testifying under oath today. i'm going to speak with one of the lawyers questioning former president trump. that's next. falo chicken panini with extra hot sauce. tonight, i'll be eating salmon sushi with a japanese jiggly cheesecake. 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(vo) discover more in the all-new subaru outback wilderness. love. it's what makes subaru, subaru. the fellow resident answering questions under oath for more than four hours today. the lawsuit brought by men that assert they were assaulted by security in 2015. this was the scene. okay? so joining me now attorney roger j bernstein. attorney bernstein, thank you for joining. appreciate it. >> my pleasure. >> so here is the former president leaving trump tower earlier tonight after testifying for more than four hours. he called the deposition harassment. it seems you're confident you can show trump is responsible. tell us why. >> well, i will tell you why but if you don't mind, i can start for a moment at the beginning. it is concerns with demonstrations in 2015 just as his campaign is getting underway and the demonstration involves signs on the sidewalk that said make america racist again, which is a play on make america great again and mr. trump's security agents came down and tore away the signs and got into the little scuffle that you saw there where clients tried to get the signs back, mr. trump's secure duuuid -- security agent interfered and attacked our guys. he worked for them for 18 years. he admires their performance and authorizes everything they do and in every possible way he sanctions what they do and that makes him responsible for the authorized agents just to put it in context was a direct effort to interfere with public demonstration by people who were concerned about what was wrong with the campaign. >> listen, we know his history of litigation. he likes to drag things through the court and likes to do it politically but he can be e evasive and can struggle to tell the truth this is from 2015. watch this. >> you said you have one of the best memories in the world. >> i use that expression. >> yes. >> i can play a video of you -- >> did i say i have a great memory or one of the best in the world? >> one of the best in the world you were quoted as saying. >> i don't remember that, okay? as good as my memory is, i don't remember that but i have a good memory. >> so you don't remember saying you have one of the best memories in the world? >> i don't remember that. >> so in that moment he's elusive and shifty. can you characterize his demeanor today? >> his demeanor today was what you saw on the white house lawn, what you saw before he was president. what you seen since then. it wwas, i would say very stron effort to be contentious but there wasn't really an issue about memory because he wasn't a direct eyewitness to what happened and the issue really for us is how his organization operates. he's the owner. he's the president. and in all different ways, he's responsible for the conduct of the people in it and that was coming out today and that doesn't test his memory, that just tests his commitment. >> yeah. >> so what do you want? >> what we want for our clients at this point is damages including punitive damages because the conduct was so outrageous. people have a right to demonstrate on a public sidewalk to express their views and express to the public what is wrong with someone running for office. mr. trump's agents interfered to stop the demonstration. that is completely wrong in this country. that's not how a democracy operates and what we want is to sanction him appropriately for the misconduct. he's at the top of the group and therefore responsible. that's what we want. >> all right. thank you roger bernstein. appreciate it. good luck to you. thanks a lot. >> thank you. >> thank you. colin powell speaking out about his own health and what is believed to be his last interview. we're going to show you that next. >> don't feel sorry for me for god's sakes. i'm 85 years old. got to have something. i haven't lost a day of life fighting these two diseases. i'm in good shape. i've never slept like this before. i've never woken up like this before. crafted with clinically studied plant-based ingredients that work naturally with your body. for restorative sleep like never before. >> 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? >> tech: that's service the way you need it. >> singers: ♪ safelite repair, safelite replace. ♪ ♪ ♪ let's go walter! after you. walter, twelve o' clock. get em boy! 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[ laughter ] >> bob woodward joins me now and co-author of the new book "peril." so grateful to have you on tonight. extraordinary interview. last interview with powell and possibly the last interview he did. i understand you interviewed him more than 50 times. what did you think? >> it goes back to 1989, the panama invasion. he was somebody a rare public official that didn't shield himself. he was willing to open himself up and would answer questions you would always get him on the phone or go see him and he felt that was part of his responsibility and i think it was part of his integrity quite frankly. >> speaking of which, we're seeing the battles over documents for january 6th special committee. you asked him about the insurrection. i want to play that. i want to hear from him. here it is. >> sure. >> just got rid of the president who is not reelected. >> yeah. >> but he chooses to acknowledge he wasn't reelected. he has people that go all in on that. we had a congress who is ready to elect him or do something with him and make him the hero again. >> yeah. >> these guys all bad mouth him right after the, you know, the riot, you know, in the white house. >> yeah. >> but two weeks later, they were all back in his camp. >> what did you think of that riot and assault on the capitol? >> it was awful. he was going in there to overturn the government. >> yeah. >> i don't think anyone says that. >> look, he was a lifelong republican and told cnn he could no longer -- he no longer after the insurrection considered himself a republican. he couldn't stand what the trump administration represented. >> he could not and he made the point not just that trump was trying to over throw or say he won the election but that trump was really trying to over throw the government because we're not going to have a government if we can't hold elections where people will realize the votes have been counted and they either won or lost and trump's persistent false claim that there is evidence that somehow he won the election, it's not there. bob costa and i and doing our book "peril" did this research and found that two of trump's biggest supporters, senator lindsey graham and senator mike lee of utah investigated these claims in depth and found zero, absolutely zero evidence and this was not somebody who was opposed to trump. these big trump supporters. >> listen, colin powell was, again, as we said a lifelong republican until he said he couldn't be republican anymore considering what the trump administration had done but he was, you know, a type of old school republican with integrity. this isn't the first time he had concerns about someone in power and especially possible racism. am i correct? >> that's correct. when he first was asked to join the bush senior administration, i have in my book the commanders, how powell was very reluctant because bush senior in the run against due caucus 1988, the very famous race baiting willy horton ads, powell was app appalled. found this was unacceptable and so he wouldn't take the initial jobs that were offered. stayed in the army and eventually bush made him chairman of the joint chiefs and powell accepted and they had quite a close relationship but that initial, he wasn't going to play ball with even a president who had played the willy horton card in a very ugly political race baiting way. >> yeah. it was an awful ad, an awful time for those of us old enough to remember that. another interesting part of your s interview with him is this comment of this characterization of him as a reluctant warrior. here it is. >> reluctant warrior. whatever that is asked of me, i said it. true. i am a reluctant warrior. >> yeah. >> i don't like wars. i don't want to be a warrior but remember the other thing that is well-known about me and that is we go to a war and i will do everything i can to beat the crap out of somebody and win it. >> maybe the most complicated part bob of his legacy is that the cover that he gave for the 2003 invasion of iraq. how did he reckon with that over the years? >> well, he reckoned with it in a very honorable way. said it was a mistake. that it's a blot on his record, and he accepts responsibility for it and when looking back at the iraq war, his instinct was it was not necessary and he concluded he did not fight loud enough and strong enough within president george w. bush to say wait a minute, this is not necessary or may not be necessary. >> do you agree, bob, the biggest influence in this life was his wife? >> yes, yeah. i mean, in a very interesting way, i asked him at the end, this is three months ago. who is the person who is the truth teller, who has had the most impact. he went on. maybe you have the tape of that. it's very moving and honest. >> yeah. as we go to break, let's just play that tape. i'm going to thank you here. if you can just play that sound bite as we go to break. bob, thank you so much. i appreciate it. >> thank you. >> who was the greatest man, woman or person you have ever known? not necessarily a leader but the inner person, you know, the moral compass, the sense of propriety, the sense of the truth matters. who is that in all of your life who -- >> alma powell. >> good for you. good for you. >> she was with me the whole time. been married 58 years. >> congratulations. >> thank you. she put up with a lot. she took care of the kids when i was, you know, running around, and she was always there for me and she'd tell me "that's not a good idea." she was usually right. and relief. soothing s a nose in need deserves puffs indeed. you could spend half an hour preparing for the half hour status meeting. orrr... you could cancel the meeting and share updates in slack instead. it's where your whole team is in one place so everyone can stay up to date. slack. where the future works. ♪ your new pharmacy is here. to help you compare prices, and save on your medication. amazon prime members get select meds as low as $1 a month. who knew it could be this easy? 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