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glass in our old studio, we worked in the same old building and i worked for nbc and i would stand at the glass and wave at him and knock on the glass and watch him on the radio. >> good to see you in this circumstance and not just that one. >> thank you, michael. have a good evening. this is "don lemon tonight." we'll start with breaking news. this is huge. a high ranking official from the former president's administration telling what he knows to the january 6th committee. it is a big deal. we're talking about mark short because he's the former chief of staff to mike pence. he saw firsthand what happened in the days leading up to january 6th. now he knows how the then president pressured his own vice president not to certify the election that day. he knows all about that. he was with mike pence at the capitol at the time that those rioters stormed the seat of our democracy. he knows that his boss was in pe pe peril. >> hang mike pence! >> he knows the vice president and his family had to be evacuated with the blood thirsty insurrectionists seconds away and mark short's cooperation with the january 6th committee may just be the tip of the ice iceberg. one source saying the committee is getting cooperation with team pence. so what are they learning from the circle? what are they learning and will that put pressure on people like mark meadows that said he'll cooperate with the committee but is still claiming executive privilege. what will happen here. let's remember what january 6th is about subverting our free and fair election and stopping the peaceful transfer of power. delegitimizing the votes of 81 million americans that cast ballots for joe biden and it's not over yet. january 6th was the trial run. the assault on the vote is breaking out into the country. the justice department suing texas today saying the gop redistricting and maps december criminate against black and latino voters. >> the complaint we file today alleges that texas has violated section 2 by creating redistricting plans that deny or bridge the rights of latino and black voters to vote on account of their race, color or membership in a majority group. >> this is the second federal lawsuit that the biden administration filed against texas this year. the doj also challenged restrictive voting measures in texas including ban 24-hour and drive-through voting, making it tougher to vote by mail and empowering partisan poll watchers. so make no mistake about this. our democracy is at risk. i've said it before. it's not just in texas, either. emboldened republicans across the country are pushing harder than ever. the former president's minions are flocking to election jobs all the way down to the local level in key battle ground states. something you need to pay attention to. steve bannon charged with contempt of congress after he failed to compile with the subpoena from the house committee investigating january 6th saying the quiet part out loud on his podcast, the day he was indicted. >> we're taking over the republican party from the precinct committee strategy and taking over all the elections. >> this is a very serious threat to our democracy. time is running out to make sure that the next election is truly secure. whatever happened to the push in congress to secure voting rights? remember the president told me this on our town hall over the summer. here it is. >> this is important for people who look like me. my grandmother would sit around when i was a kid fifth grade, had a fifth grade education. i learned that she couldn't read when i was doing my homework. she would tell me stories about people asking her to count the number of jelly beans in the jar or the soap -- so why is protecting the filibuster, is that more important than protecting voting rights, especially for people that fought and died for that? >> no. it's not. i want to see the united states congress, the united states senate pass s 1 and s 4 the john lewis act and get it on to my desk to sign it. >> okay. that was then. and this is now. here we are tonight. the assault on voting rights in texas and across this country, nothing less than a plan to give the gop the power to overturn the next election if they don't like the results. not about politics. it's about our most sacred riegd right as americans, the right to vote. a right that is definitely worth fighting for. and with everything going on now, what are republicans doing? the party of lincoln, yes, that's how far they have fallen allowing members to spew hate and islam phobia. congresswoman lauren boebert putting her big indotry on disp with a disgusting joke about ilhan omar and terrorists. >> this kind of language, this kind of hate can't be condoned by the house of representatives and we should punish and sanction boebert by stripping her of her committees and r reputing her language to sent a clear ex decisive message to the american public if the republicans are not going to be adults and condemn this, that we are going to do that. >> you think speaker pelosi will do that, have a vote at least to strip over her committee assignments? >> i've had a conversation with this speaker and i'm very confident that she will take a decisive action next week. as you know, when i first got to congress, i was worried that, you know, i wasn't going to be allowed to be sworn in because there was a battle on the hijab. she made a promise she'll take care of this. >> the congresswoman putting the speaker on the clock there. but the republicans? it's the same old playbook and that is distract, deflect, be the loudest voice in the room, even when what you're yelling, whatever you're yelling about makes absolutely no sense. there is a yqanon congresswoman ignoring science and facts and comparing covid to cancer saying thousands of americans have died from cancer and the country hasn't shut down. okay. the same thing when people talk about masks and the vaccine and hiv and aids or whatever. so the reason that is congresswoman and people that agree with her, you're not going to get sick from breathing the same air as someone that has cancer. unlike covid. facts, people. and then there is congressman thomas massie wishing you seasons greetings by decking the halls with guns and ammo. ammo. let's not forget the shooting suspect in michigan in the michigan high school was searching for ammo on his phone in class. i guess the congressman forget about that because shhe's doublg down today saying he's shocked, shocked that anyone would take offense to his christmas card days after fourt teenagers were shot to death. >> wow, i didn't kick a hornet's nest, i aggravated every hornet in the world. i crossed guns with family and christmas and those are three things that really triggers the left and i didn't realize that it would be such an explosive cocktail when you put it together. but it adds up to freedom. i'm going to double down. i'm never going to delete that picture. >> so this is the second amendment. we have a second amendment. that's fine. but this is about optics, empathy, about understanding what's happening in the country, what just happened, that it was a present, reportedly a christmas present for this young man and your christmas card. this is what happens when you care more about owning the libs with your christmas card than showing any empathy for parents who have to bury your children by a community traumatized in a place they thought was safe. not just a community but the entire country traumatized by this, for everyone that's been the victim of this gorge of violence in this country, that is happening as four families in michigan plan funerals for their children this week. remember investigator tors said was searching for ammo according to them on his phone at school and the teach er turned him in for it and called his parents. ha ha, lol, i'm not mad at you. you just have to learn not to get caught. ammo. now, most of us are not congress people. we don't represent people in districts or speak on behalf of people in this country and we would know better than to send that out or to blast it on social media when this is happening. it's not rocket science. the parents of the suspected school shooter caught over the weekend by the way now being h held in the same jail as their son, all three under suicide watch. the prosecutor in the case defending charging the parents with involuntarily manslaughter and not ruling out charges for the school, as well. >> have you ruled out charging any school officials? >> it's under investigation so no, we haven't ruled out charging anyone. right now we're focused on -- i'm focused on making sure this community knows that our first pry priority is keeping the community safe and holding the people that could have prevented this and right now the crumbleys are those two people. none of this should have happened. a 15.5-year-old shouldn't be sitting in jail facing life in prison. these children who were terrorized and killed and shot, none of it should have happened, and it could have been prevented. >> a lot more to come on all of these stories straight ahead tonight. and up next, our cnn exclusive, a mike pence insider now cooperating with the january 6th committee, what he may know about what happened to the former v.p. at the capitol as rioters were looking to hang him. out retirement because his plan is backed by the team at fidelity. a group of investment professionals manages ben's ira for him, analyzing market conditions and helping him stay on target. he gets one-on-one coaching when he wants some advice, and can adjust his plan whenever he needs to. and now he's so prepared for retirement, ben is feeling totally zen. that's the planning effect from fidelity. ♪ (calls dog) buttercup... 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>> so, his cooperation, don, is a zsignificant development because obviously he's a firsthand witness to the events you just mentioned. he was in the room he has receipts with pence at the capitol and also in the oval office on january 4th when former president trump tried to pressure pence not to certify the election results. it is likely that mark short will be able to provide key information about conversations, phone calls, what was going on on january 6th. he may be able to answer two of the questions the comity has. what was donald trump doing at the white house when the riot was going on and my did it take so long to take action, don? >> sources are telling you that there is and i quote here significant cooperation jamie, between pence's inner circle and the january 6th committee. do we know why pence's team is so willing, seem so willing to play ball right now? >> so look, we've seen pence go back and forth since january 6th. sometimes he seems to try to stay close to trump sometimes saying he did the right thing which he said recently. it seems his inner circle decided they want to cooperate with the committee perhaps because their still angry with what trump did hang mike pence is still ringing in their ears or maybe politically they decided they need to distance themselves. we know that pence has indicated he would like to run for president but i think one thing we know short is considered one of pence's most loyal aides. it's hard to imagine he would be cooperating with the committee without mike pence's blessing, don. >> andrew, let me get you to respond to jamie's exclusive. short is a first-time witness to what happened on january 6th and his testimony is critical for the committee. what would you ask him if you were questioning him? >> wow, there are so many good questions i would have for mark short. essentially, don, you want mark short to put you in the room. you want him to go through in detail who else was in the oval office on january 4th. where was everybody sitting? who spoke first? who was making what points? how did you respond to that? how did the vice president respond to it and the big question, how did the president of the united states respond? what did he say? how did he try to pressure potentially or influence the vice president in his decision making? sort of arguments happened on both sides of the conversation? it will put you there. let's remember that the committee is not trying to build a trial team and witnesses to convict someone of a crime. they are trying to relate a narrative of what actually happened. they need good witnesses who can give them credible verifiable accounts and they don't need everyone that was in every meeting. they just need one person who can tell them what happened, mark short might be the guy. >> you know, it's a long list of former officials in the trump administration. look at your screen there, who have been subpoenaed and many are not cooperating. what does it mean lawmakers are able to get someone this important actually willing to talk, andrew? >> it's a very big deal. it's a big deal because principally the information they would get from short could be significant. let p let's put that aside for a second. it's a big deal symbolically. any former member of the administration who is on the fence and maybe received a subpoena and thinking about cooperating or assessing the risks of not cooperating, they see a guy like mark short a big time, you know, esteemed well-known republican making the decision to go in league with the committee and provide testimony to cooperate and honor the lawful subpoena. that's a signal to them that that's something that's acceptable to do. so this could be the kind of thing, the first domino to fall, someone who sets the example and then brings others along behind him. >> jamie, trump and pence's relationship since january 6th has looked very shaky. right? to say the least. pence often trying to have it both ways. this is what he said this summer. here it is to remind people. >> you know, president trump and i have spoken many times since we left office. and i don't know if we'll ever see eye to eye on that day. but i will always be proud of what we accomplished for the american people over the last four years. >> okay. but with the lean in, right? yeah. yeah, it seems kind of forced. this cooperation by pence's team is surely not going to sit well with trump. he won't be happy about it. >> absolutely not. i mean, donald trump's head is probably exploding at this moment tonight but let's remember even though pence and we saw it right there, sort of trying to have it both ways, what we accomplished the last four years, the bridge between trump and pence was broken on january 6th when pence stood up and did the right thing. and a little history to remember about mark short. on january 7th, trump was so mad at mark short he banned him from the white house because trump believed short was responsible -- >> that he was in his ear. >> absolutely. >> tomorrow there is a hearing for steve bannon and expecting discussion of a trial date. he's been indicted on two counts of contempt for refusing to testify for the january 6th committee. he wants the legal battle to play out in a very public way, that's the way to district everybody and make a circus out of it and the court of public opinion or whatever. is this going to go how the committee wants it to? >> i think bannon is a lost cause for the committee. he clearly has a path here. the greatest upside for him is to make as big a spectacle as he can that brings more viewers, more donors. >> is that the point for these grifters? >> sure, sure, the point is fame. the point is to be out there to be talked about, to be seen as defending this trumpest virtual reality of stopping the steal. i mean, that's where guys like bannon make their money and make their bones. so he's going to rebel as much as he possibly can. he also wants to delay, love to drag this out far beyond the midterms and maybe the expiration of the committee itself. so i don't expect we'll hear much from this hearing. it will be a scheduling hearing. they'll talk about filing preliminary motions and set up briefing schedules. this will drag on for white awhile. >> yeah, thank you. jamie, quickly, i saw you shaking your head in agreement with, you said he's a lost cause. >> absolutely. i actually think he's enjoying this and there is no question this is how he makes his money, don. >> thank you both. appreciate it. nice work on the exclusive. see you both soon. the justice department suing the state of texas alleging republican redistricting plans discriminating against black and latino voters violating the voting rights about. stay with us. pro whenever you . doctor: the fever should break... or...trying to. ♪ ♪ this is what healthier looks like ♪ ♪ ♪ ♪ ♪ our clients come to us with complicated situations that occur in their lives. for them it's the biggest milestone, the biggest accomplishment, the sale of a business, or an important event for their family. for them, it's the first and only time. we have seen this literally thousands of times, in thousands of iterations. ♪ ♪ i am vince lumia, head of field management at morgan stanley. whether that's retirement, paying for their children's college education, or their son or daughter getting married, our financial advisors need to make sure that they are making objective decisions, every step along the way. every time you hit a milestone, an anniversary, a life event, the emotions will run high. making sure that you have somebody, a team of individuals that have seen it before, have seen every circumstance and seen every challenge, and have your back when you need it most, is one of the most valuable things a financial advisor could provide to a family. i am vince lumia and we are morgan stanley. what does it feel like to sell your car to carvana? 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>> absolutely. the justice department is very clear as evan said that the population growth was about 95% p minority population and whenever you draw the line that affects all, affects no minority population, then that's a problem and we've seen this at the justice department before. we back ten years ago whenever texas had to submit their maps for preclearance when we had the full voting rights act, the justice department said this doesn't pass the smell test. they continue to discriminate against latino and african american voters. we've been here before. this shouldn't be a surprise to anyone. the difference now is the supreme court gutted the voting rights act. we don't have preclearance anymore and therefore the justice department has to proactively file a lawsuit to stop these maps so what you're seeing here from the justice department is a strong case from merrick garland saying we're not going to stand for this. he's already challenged the previous voting law and now he's saying that this hasn't passed muster. it's important to note over the last decade or so, republicans have tried to make connections with latino voters in texas but the reality is you're seeing in hea harris county where there was huge minority population growth and we didn't add any seat to reflect the growth, you see republicans trying to silence minority voters and continue to try to do that. it will be an interesting story heading into the midterms and for sure ahead of the presidential election. >> well, so as we have been talking, we mentioned a little bit here what is happening in texas and you mentioned doesn't include minorities because political trends are improving for democrats so republicans are passing restrictive measures to suppress the vote and now redrawing the districts. is this the kind of ground war that democrats are going to have to fight in these battle ground states all over the country now? >> well, you're seeing that republicans know that they don't have the voting rights act, the full voting rights act so they don't have to seek preclearance from the justice department so they will draw their maps and they will -- it will be up to the justice department to challenge those. what is good about what we're seeing today is attorney general garland will be aggressive and he's said so already when we're protecting the rights of americans. now, you saw texans earlier this summer go to washington d.c. and make their case for the voting rights act. they are in the minority. they went to congress and to the vice president and the president and told them listen, we are trying to hold the line here when it comes to voting rights here in texas but there is only so much we can do. that's why we need national legislation. we need to restore the voting rights act and this is just case in point, right? this is an example where the justice department yes was aggressive and was able to challenge it. well, you know, now what will happen in the courts? we're not sure, right? so if we have the full voting rights act, then this wouldn't happen in the first place and attorney general garland was very clear about that. he not only followed the lawsuit today but in his press conference, he said i want to make clear if we had the full votes rights act, i wouldn't have to file a lawsuit today because they would have the opportunity to review and talk about the impact of the redistricting maps and then decide whether they're going to clear -- >> well -- >> so you're seeing a strong signal from administration saying they want to restore it. >> i'm wondering, they don't have much time evan perez before the midterms and before the 2024 election so, you know, if indeed the attorney general merrick garland is going to do what he said they're going to do, they better get going. >> yeah, look, we expect additional lawsuits. they filed statements of interest in florida and arizona where there are similar lawsuits filed by private parties but don, expect that there are other states that have don similar maps that are frankly just, you know, just extreme gerrymandering cases. >> they've been doing it for years. they don't have -- there is that restriction -- >> changes the fact that there is no voting rights section 5 of the voting rights act means that the burden of proof is on the justice department to stop this. >> back in 2020, interesting question, i want to see how you answer it. former president trump actually won 41% of the latino vote in that state. i mean, that's a lot. that's a sizable number. are texas republicans shooting themselves in the foot targeting latinos that might support them? >> well, i think that the latino community in texas wants to hear from democrats and we invested in places like florida and arizona and nevada rightfully so democrats won the election and were able to flip a state like arizona, but in texas it takes a lot of money to flip a state like texas and you have to make investments in the community and that means also combatting disinformation and we continue to see that in south texas and brownsville where i'm from. if democrats want to actually flip texas from red to blue, they need candidates like beto o'rourke that will not only excite the base but actually make and raise the money and make the investments in the state in order to do that. >> all right. thank you both. see you soon. the oxford school shooter and his parents are all being held in the same jail right now. and prosecutors aren't ruling out charging more people. michigan's attorney general weighs in next. with vicks sinex saline. for fast drug free relief vicks sinex. instantly clear everyday congestion. and try vicks sinex children's saline. safe and gentle relief for children's noses. [music: sung by craig robinson] ♪ i'm a ganiac, ganiac, check my drawers ♪ [sfx: sniffs / long exhale] ♪ and my clothes smell so much fresher than before ♪ ♪ yeah, yeah ♪ ♪ i'm a ganiac, ganiac, check my drawers ♪ ♪ it's a freshness like i've never smelled before ♪ one sniff of gain flings and you'll be a gainiac too! the only detergent with oxiboost and febreze. ♪ ♪ ♪ hey google. ♪ ♪ ♪ ♪ ♪ ♪ tonight police in michigan searching for the home of the man, searching the home of the man who allegedly helped parents of ethan crumbley before they were arrested on saturday. the police say he is being corporative. 15-year-old ooethan crumbley is charged with murdering four students at his school. thank you attorney general for joining us. i'm sorry for what is happening many your community. >> thanks, don. >> the crumbley family is being held in the same jail and monitored under suicide watch. i know that you're not the prosecutor in charge, but what do you think about their actions? >> well, obviously, each of them has very serious charges that have been leveed against them by the oakland country prosecutor and, you know, this has been an incredibly tragic set of circumstances but, you know, one of the things that we did in our department is we had heard that the oxford school district had indicated they wanted a third party to review the policies and protocols that were in place and really the events leading up to the acts of november 30th and what happened during the course of the event so the offered the services of my department because i thought what better agency to conduct such a review than the michigan department attorney general and we learned a short while ago that the school district turned down our offer and will go with a private security firm instead to conduct an internal review. >> what do you think of that? >> i'm disappointed quite honestly. and, you know, obviously, we hope the school district cares as much about the safety of their students as they do shielding themselves from civil liability but the criminal investigation is on going by the sheriff's department, by the oakland county prosecutor's office. we're going to continue to work with them to assist and support them in any way we possibly can so if there are criminal charges, i'm sure that those will be leveed in the event there is more evidence that emerges and we're going to talk to the community. we're going to talk to the parents and students in oxford and see what it is they want to see happen and i'm sure they will make their feelings known about the rejection of our offer. >> so attorney general, it's not a done deal but the prosecutor said she's not ruling out any charges for school officials. she said the school had legal grounds to search his backpack and locker, which they didn't do. do you think that the school dropped the ball? do they have legal responsibility here? >> well, first of all, let me say i've been made aware of the fact that teachers all over the state have been getting death threats today as a result of people being upset about what they perceive to be the actions or non-actions that occurred in oxford on november 30th and so that is absolutely an egregious set of circumstances and, you know, there was a teacher that was shot during the course of this incident. our educators protect us and our kids in school every day but were there mistakes made in oxford during the course of this event? well, i think that's part of what the investigation will discover but again, they're looking for criminal liability. the offer that we made would have extended to, you know, the protocols and policies, not just so that we can make sure that the kids in oxford are safe in the future but so that we can ensure those policies are put in place all over the state of michigan so that each and every school district can be better protected. >> let me ask you again about this is your involvement but something that you've offered the oakland county pros kau t p office to help. how are you assisting? they turned down your offer for one thing but do you plan to get further involved in any way even that they turned down your offer on one thing? >> well, i think we're going to have to see where these conversations go but again, we've been consulting with the oakland county prosecutor's office and lending appellate research. i think prosecutor mcdonald is doing a phenomenal job with a very, very difficult case. so all considering, i'll continue to support her as she moves forward in this investigation and we'll see where things go but again, if the school district is really looking for transparency and they're really looking to ensure that everything that they did and everything they continue to do results in the most security for their students, which is something that people are greatly concerned about right now then i would hope that they would want to cooperate with an investigation by the state. >> attorney general, thank you so much. appreciate your time. >> thanks for having me. he was kidnapped, beaten, and killed and take this, another investigation into the murder of emmet teal closes today. more after this. 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. ♪ ♪ ♪ (sha bop sha bop) ♪ ♪ are the stars out tonight? (sha bop sha bop) ♪ ♪ ♪ alexa, play our favorite song again. ok. ♪ i only have eyes for you ♪ do you struggle with occasional nerve aches in your hands or feet? try nervivenerve relief from the world's #1 selling nerve care company. nervive contains alpha lipoic acid to relieve occasional nerve aches, weakness and discomfort. try nervivenerve relief. this is the planning effect from fidelity. ben isn't worried about retirement because his plan is backed by the team at fidelity. a group of investment professionals manages ben's ira for him, analyzing market conditions and helping him stay on target. he gets one-on-one coaching when he wants some advice, and can adjust his plan whenever he needs to. and now he's so prepared for retirement, ben is feeling totally zen. that's the planning effect from fidelity. >> man: what's my safelite story? my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me... with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ so take this, the justice department is closing its investigation into the murder of emmett till again. emmett till, the 14-year-old who was kidnapped, beaten and killed back in 1955 after a white woman accused him of whistling at her and making sexual advances. it is a lynching that showed people what it was really like to be black in the jim crow south, helping spark the civil rights movement, as a matter of fact. two men were tried and acquitted of the murder at the time by an all white jury. those men later admitted to killing in a magazine interview and are now dead. the justice department had already re-examined the case once. it concluded in 2007 that no one could be prosecuted at the federal level based on the evidence available and the statute of limitations had long since run out. then came a new piece of evidence, professor timothy tyson came out in 2017 with a book claiming the woman at the center of it all recanted her claim that emmett till made sexual advances towards her. he says that carolyn bryant donham told him in a 2008 interview. the interview wasn't recorded. it was transcribing, and when federal investigators spoke with her, she denied it all. he provided a lengthy statement standing by his story. the whole thing just leaves more questions for the family of emmett till. >> whatever we do, we can't bring him back, but we can carry on and let america know we knead to know the truth, and through his death, we can see how far we've come and how much work we industr still have to do. >> we still must move forward, but these particular hate crimes will not continue to be done and no justice is found. with that, let's move forward. let's look at the future, and let's figure out how we can continue to make a change. >> 1955 until now. next, a former vp pence's chief of staff is talking to the committee investigating january 6th. to feel better get the door! ♪ ...from the comfort of home. ♪ this is what healthier looks like ♪ and that's just basic wavy guy maintenance, right? next up, carvana. oh, boy. carvana just doesn't seem to understand how the test drive works. they give their customers seven days. and if they don't like it, they give 'em their money back. wait, they take the car back? that's crazy! what if it was driven by like a zookeeper? or a mud wrestler? or a guy who's on the outs with the missus and he just needs a place to sleep for seven days? yeah. (vo) buy your car online. love it or return it. with carvana. my hygienist cleans with a round head. so does my oral-b my hygienist personalizes my cleaning. so does my oral-b oral-b delivers the wow of a professional clean feel every day. president biden engaging in a high stakes international diplomacy holding a critical call tomorrow with russian president vladimir putin as u.s. intelligence says russia is preparing to invade ukraine. at the same time, the president is imposing a diplomatic boycott on the 2022 winter olympics in beijing. also tonight, a cnn exclusive, we're learning that mark short, the former chief of staff to vice president mike pence is cooperating with the january 6th committee. and actor jussie smollett takes the witness stand in his own defense at his criminal trial where he is accused of staging a fake hate crime and lying to chicago police. i want to bring in cnn white house correspondent, john harwood and ambassador william taylor, the former u.s. ambassador to ukraine. john, the president facing enormous international challenges. in just hours biden will be on a call with the russian president vladimir putin, who right now is amissing russian troops on the ukraine border. the cia director saying that

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