>> i was confused. i saw "cnn tonight." what show am i? what is happening hear? >> you're not having the kevin mccarthy amnesia, are you, don? >> i thought you liked me. >> you called me annie oakley yesterday. >> i called you laura oakley. what a joke. a d-o-k-e. that was corny. i know. it true. he is being really selfish but the australia government made missteps as well because i'll put that aside but maybe he should be looking out for the bigger picture, which is the people there getting no publicity. they're not focused on what they're supposed to be doing. the attention isn't on the players but all on him and he as one of the other players said, i'm sure the others are thinking the same think, he made the decision not to get vaccinated so these are the consequences. >> i mean, you know, here in the states we hear the same argument, i have the right to do what i want. it's a free country. we consider our president. we talk about the leader of the free world. you know, that sort of notion. but there are consequences to what you choose to do and honestly, i know it's knot a direct comparison but i keep thinking about the wonderful, powerful simone biles that made a decision based on what she wanted to do when the stakes were so high and even though people thought there would be consequences what the draw would be, she thought what would be best for the sport and my other teammates. this isn't a team sport in tennis and i see it worlds apart. >> i'm surrounded by very, very smart and talented knowledgeable women tonight from you and mary standing by so i got to go. >> go, go, go. >> really enjoyed your shows this week. >> nice seeing you, don lemon. >> stay warm. see you, laura coates. >> this is "don lemon tonight" and we have breaking news. the breaking news tonight that everybody is talking about, i know that's what i'm interested in and that is tennis star novak djokovic is exactly where he did not want to be tonight. not on the court practicing for the australia open but in detention after his visa was revoked for a second time on the verge of being kicked out of the country amid this drama over his refusal to be vaccinated. a hearing on the case set for sunday. the day before he hopes to play in the first round of the open. cnn phil black has the latest from melbourne. phil? >> reporter: don, novak djokovic was ordered by a court to present himself, hand himself over to australia authorities. he is now considered in mandatory detention. he's allowed to spend time with his lawyers under close supervision by border officers but to prepare his case to sit in on virtual hearings, however, tonight, he will once again spend the night sleeping in australia immigration detention center. the latest landing him in court by alex hawk cancelling novak djokovic's visa a second time saying it was in the best of the public interest. djokovic's lawyer claimed the minister's reasoning is very different from everything argued in this case so far. the underlying new rational is mr. djokovic being in australia in melbourne in particular will excite anti vaccine sentiment. the matter will likely be heard by a court in detail on sunday. keeping alive djokovic's hopes of a quick legal win which would allow him to play in monday's opening round at the australia open but no player has ever prepared for a grand slam title like this. once again, the world's number one tennis player must spend the weekend detained by australia's border force. >> cancellation means mandatory detention. >> reporter: he is a former senior official in australia's immigration department and says politically, the australia government had no choice but to try again but it's a high stakes move. >> because there is the possibility if they push through with this, they lose. and that means more humiliation. >> they will be very aware legally they could lose this case and that would be truly embarrassing. it would be a really bad look. i mean, the real implication is how badly australia looks in the eyes of the world if it loses a second court case. >> reporter: one immigration lawyer says the minister's powers are wide and not easily changed. >> they would have to articulate very strong grounds that the minister made a jurisdiction error under australia immigration laws i believe that would be a difficult hurdle for them to jump. >> reporter: this unprecedented saga may finally be approaching a resolution. one that could carry powerful consequences for australia politics and the career of one of the greatest tennis players of all time. don, a preliminary hearing saturday morning confirmed main arguments will be heard on court on sunday. from the insight we received so far, the arguments will be very different this time because the government's reasons for cancelling his visa changed. this time nobody will be talking about whether djokovic was right in thinking he could come here with an exception from vaccination because he'd recently recovered from covid-19. the focus this time is going to be on the impact if his presence in australia among other vaccine skeptics. don? >> phil, thank you very much. appreciate that. we'll talk about that and more. i want to bring in sports caster and former protennis player. huge fan. happy to have you on. thank you. really appreciate it. what a saga. >> i'm delighted. it's a saga, a soggy saga. it's so unnecessary. it so ychaotic, don. the most ineloquent of the sagas tennis had and it's such a pity. >> he's in detention tonight. you heard the story. awaiting the court ruling. he could be deported. there is a lot on the line and the government. the government seems to be determined to send him home. what do you expect to happen because he's still slated to play on monday, mary. >> supposed to play. you know what happens, they use at the grand slam events that you've been to, they play the top half one day and the bottom half the next day, you know. he is in the top half. obviously, he's the number one seed. is he going to show up on monday? is he going to be playing? for my money, you put the extremely tremendous number one women's seed on monday. i'm not sure -- i just -- i don't know anymore. it it's so messy and unnecessary and we were talking about this before, you know, when you write the story of novak djokovic when his obit comes out years from now, where do we put this part, don? determines where this goes in the great history of this tremendous champion? where do you put this? >> it depends on what it is for him or if you're just writing a story about him, first, second, third paragraph? it depends on the outcome. he defies the australia government and wins the open. >> that's right and he is -- >> a tie. >> what about all of this -- let's say he does win and goes on to lose, they will say was it worth it because he's actually -- he has -- i think he actually has more on the line, mary, than the australia government, do you disagree with that? >> he absolutely has more on the line, don. if he gets deported, if you've got a deportation thing on your visa on all your travel documents, for someone like novak, that could mean he doesn't get to play the australian and other governments are changing their rules as covid goes on. this is huge. this could affect his career. it could taint his legacy, which is -- i think he's the greatest tennis player i've ever seen. i'm elderly. i've seen a lot of them. what is amazing is this guy, he's got the most remarkable footwork in the world. i mean, when you see him manage the court, move on every surface because he's won everything twice all the majors twice, he's made so many missteps but he's not alone. tennis australia really skcrewe up. there is a heavy hand in the detention and now we see what australia's rules are. i mean, that is tough seeing that -- >> let me ask you about that. months ago, the australian decided all the players would have to be vaccinated. djokovic -- everybody who is playing if you're a top seed, you know that. he had plenty of time to get his shot. my question, is he putting h himself above the rules? you don't just cover tennis, you're not just a former tennis champion, you cover all sports. we're seeing this in all sports, the nba and nfl and so on. is he putting himself above the rules? >> i think he puts himself separate from -- you know, people will say he's anti-vax and obviously has not yet been vaccinated but what he says is it's a personal choice. it's not a team sport. you know, but, i mean, this is really screwing things up for him. >> mary, listen, i agree it's a personal choice. if i tell my boss i decided i don't want to get vaccinated and he says you can no longer come into this building so i have to suffer the consequences, does he allow me to do my show from my home or does he say don, these are the rules and if i make this exception for you, i've got to do it for everyone else so it was nice working with you, here is a little dough on the way out. i'll see you later. douchb do you understand what i'm saying? >> i do and i agree. this vaccine exception that he was trying to go for is a slippery loophole. it's about recent serious illness that would prevent you from getting the vaccination. this is knis novak's choice note vaccinated. tennis australia trying to use that to get him on, come on, that was wrong, too. so much went wrong and we find out that novak knew he was covid positive. >> how do you feel about that as an athlete? >> terrible. as a human being. look, my man, my main man, my action figure, you don't put anybody at risk no matter your personal belief. we find out -- and he says it was a screw up with his paperwork. he's in two different countries. serbia and spain and apologizes for that. novak, my man, dude. >> mary, i got to run unfortunately because i got a long way to go and a short time to get there. will you come back? i love having this conversation with you. that was smoky and the bandit. ♪ we have a long way to go and a short time to get there ♪ stay safe. so good to see you. thank you, bye. he says he is not guilty. he says he is not a danger to the public but the leader of the oath keepers facing a rare and extremely serious charge seditious over the capitol. where else would the investigation lead? pete and michael fanone both here. they're next. putting you in conl of your financing. at carvana, get personalized terms, browse for cars that fit your budget, then customize your down payment and monthly payment. and these aren't made-up numbers. it's what you'll really pay, right down to the penny. whether you're shopping or just looking. it only takes a few seconds, and it won't affect your credit score. finally! a totally different way to finance your ride. only from carvana. the new way to buy a car. i'm greg, i'm 68 years old. i do motivational speaking in addition to the substitute teaching. i honestly feel that that's my calling-- to give back to younger people. i think most adults will start realizing that they don't recall things as quickly as they used to or they don't remember things as vividly as they once did. i've been taking prevagen for about three years now. people say to me periodically, "man, you've got a memory like an elephant." it's really, really helped me tremendously. prevagen. healthier brain. better life. ♪ my name is austin james. as a musician living with diabetes, fingersticks can be a real challenge. that's why i use the freestyle libre 2 system. with a painless, one-second scan i know my glucose numbers without fingersticks. now i'm managing my diabetes better and i've lowered my a1c from 8.2 to 6.7. take the mystery out of managing your diabetes and lower your a1c. now you know. try it for free at freestylelibre.us ♪ this... is the planning effect. this is how it feels to know you have a wealth plan that covers everything that's important to you. this is what it's like to have a dedicated fidelity advisor looking at your full financial picture. making sure you have the right balance of risk and reward. and helping you plan for future generations. this is "the planning effect" from fidelity. i just wish more people knew how easy it was to get health coverage. i'm only paying $52 a month for there are quality plans for even less. my job doesn't offer health insurance, but with the new law, i found an affordable plan and only pay $47 a month. actually, a friend of mine recommended healthcare.gov and now we're paying less than $60 a month for coverage. i was skeptical at first, but it is real. i'm covered with no monthly payment. new law. lower prices. more people qualify. at healthcare.gov we're back now, the leader of the oath keepers pleading not guilty to conspiracy the most serious charge yet. the oath keep es arm themselves with battle and coordinated a para military operation to stop the peaceful transfer of presidential power. let's discuss now. joining me former u.s. attorney and senior legal analyst pete and former d.c. metropolitan police officer michael fanone that defended the capitol on january 6th and now a cnn law enforcement analyst. good evening to both of you, gentlemen. seditious conspiracy, it's a rare and serious charge even evan perez is talking about this. he's reporting it took months of work by prosecutors to get the a.g. garland on board with this. do you think they have a strong case here? >> yeah, it looks like it. people will say and i've heard experts talk about this and i've talked about it, it's a rare charge because it rare conduct and on prior occasions including not that long ago in 2012, a significant seditious conspiracy charge was brought against individuals in michigan. it didn't farewell. people were acquitted. there were judges that had problems with the charges. they seem more strong for a couple reasons, one, it's very targeted to a particular kind of conduct. you're not talking about general utilized over throw of the government to the extent people didn't have the ability or power to do that here. seditious conspiracy is conspiracy to interfere with or obstruct or stop or prevent the execution of any law and here is a very particular law that was being executed at the time, the certification of the votes. so that's one thing. the concreteness of it and the other is this indictment that runs to 48 pages has paragraph after paragraph that recites communications that were made available to law enforcement obviously from somebody i think was cooperating because it's encrypted communications and you have verse how the leader of the oath keepers and others going back weeks before january 6th were plotting and planning to use violence and weaponry in a tactical way to interfere with the execution of a particular u.s. law. it's stronger than cases we've seen in the past that haven't faired well because of the encrypted evidence, i think. >> yeah. mike, you know, we've talked about this about there not being weapons. you heard the enkrcrypted communications and docking a boat. as someone that risked his life defending the capitol that day, what goes through your mind hearing about the preparation? i think you believed in our communications and we've talked about in our conversations that you thought all along this was planned and wasn't just something that popped up. it wasn't spontaneous. >> yeah, no, i mean, i think it flies directly in the face of that, you know, false narrative this was a wholly or completely spontaneous event. clearly, there were elements here that planned, prepared and trained to participate in the insurrection that day. you know, these groups had a command structure. their leaders also were involved whether they were there that day or not in the planning, preparation and training for that day. you know, just confirms what so many there on the ground on january 6th like myself experienced with these organized elements that were exploited into chaos of the day that had a clear concise mission and came prepared. you know, you don't show up to a peaceful protest wearing helmets and ballistic vests. >> and some of the moves they were -- they used were military moves and also, as you have been telling me and others, commander kyle as well there were weapons, there were guns and all along the narrative is there are no guchbs or weapons. they weren't armed but this at least if this info mission is correct, all of that is not true, they were indeed armed and that's the evidence of it. pr prete on the morning of january 6th, we will have several well equipped qrfs outside d.c. what are porosecutors doing to find out who those people are and whether there were communications to trump or his allies? >> well, i think they're doing what they did to transform the original charges against a number of these people into the conspiracy charges we're talking about today. and that is flipping witnesses. people who have been charged, seeing if they will cooperate. some of the people that haven't cooperated before might be under pressure to cooperate because the charge carries a maximum penalty of 20 years and every single person who flips and cooperates is in a position to provide information, communication documents to law enforcement so you can find all the people who are involved, many of whom have come under indictment obviously but a number of whom have not been so i think they're going to continue along the same vain and push and push and push so they can get as many witnesses to say as much as possible about other people. >> mike, house republican leader kevin mccarthy you're familiar with. he's refusing to cooperate with the select committee claiming there is nothing he can provide. this is an interview found. six days after the ichbnsurrect he's talking about donald trump and what donald trump said about the insurrection. >> i say he has responsibility. he told me personally he does have some responsibility. i think a lot of people do. what i proposed, which i think history will say i'm right, this is the right thing i believe, have a bipartisan commission and get all your facts. actually, work through the grand jury to find out at the end instead of predetermining whether someone is guilty or not. >> having heard that a question that we have asked you before, what do you think of the leaders like kevin mccarthy that said one thing immediately after and now saying another speaking out on both sides of their mouths? >> i mean, i don't think there is a lot new here when we saw this unfold with the flip-flopping of the different political heleaders. kevin mccarthy got caught with his pants down but for me, it speaks to kevin mccarthy's char acre ter. he's placed his own political future and that of his party above holding those responsible for the january 6th insurrection accountable. i mean, it's a sad commentary on the type of elected leaders we have for people that have no integrity and no honor. >> michael, prete, thank you both. appreciate it. if you've been waiting for a package that has been, you know, long delayed it turns out it could be right here. look at this. look at your screen. check this out. all these packages literally among the thousands of boxes they are stolen off of cargo t trains. wait until you see this story coming up. so when she moved in with us, a new kitchen became part of our financial plan. ♪ i want to make the most of every meal we have together. ♪ at northwestern mutual, our version of financial planning helps you live your dreams today. find a northwestern mutual advisor at nm.com (vo) subaru and our retailers volunteer and support charities all year long. and...through the subaru share the love event, we are proud to have donated over two hundred and twenty five million dollars to charity. you can get a car from any company, but none will make a difference like subaru. 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>> we're all going to be affected by it. fascinating story. thank you so much. appreciate that. the senate majority leader check schumer vowing to forge ahead with voting rights but senators joe manchin and kyrsten sinema made clear it's not going anywhere so what happens now? first, a big event this sunday night at 9:00. the premiere of the original series "reframed marilyn monroe" here is a preview. ♪ ♪ you don't own me ♪ >> marin monroe knew she was more than just a pretty face. she wanted control of her destiny. >> it's frustrating that people can't think about her in terms of her intellect. >> it's what it means to be have a woman. >> to see a woman so in charge of her sexuality was extremely empowering. >> this woman is so comfortable in her skin. >> she was rolling the dice with her career in very real terms. ♪ i'm young ♪ >> marilyn would have been the biggest influencer of her own time. >> she's a mirror for people's ideas about women's sexuality and women's power. >> it's hard to know where to start if you don't start with the truth. >> "reframed marilyn monroe" sunday at 9:00. ♪ i'm chi lan, i am a mom, and a real estate agent. after having a kid, everything that you used to do for yourself goes out the window. the lines that i was seeing in my forehead were getting deeper than i was used to them being. and i realized, you know, what i can focus again on myself. so, what do you see when you look at yourself? 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>> it means we're in a deeper crisis than many people are willing to admit, brother. this is very real. voting is one particular means by which people try to raise their voices. you can raise your voice in the workplace and culture but voting suppression, election subversion, these are ways of trying to ensure that democracy cannot flower and flourish. keep in mind, brother, no democracy could survive because of the passion and ignorance would lead toward tiryranny, th black freedom movement that constituted the win at his back is a response to play doe. we deal with the ignorance but having a dialogue, by having genuine conversation with people you agree and disagree with the public life that's strong and vibrant given the valuebility of every one of us. that's what we're losing. let talk about voting rights die eve -- tied to a deeper issue. >> he certainly did. i had bernice on last night, hiss daughter. but professor, she believes you can win people over on the other side. not one republican senator is on board for either voting rights, the voting rights bill being considered. just even considered. the last time the votes rights act was reauthorized was in 2006, 16 current gop senators supported some were house members including minority leader mitch mcconnell. listen to this. >> we have a course renew the voting rights act periodically since that time overwhelmingly and on a bipartisan basis year after year after year because members of congress realize that this say piece of legislation that is worked and one of my favorite sayings that many of us use from time to time if it ain't broke, don't fix it and this is a big piece of legislation that served an important purpose over many, many years. >> in that same speech, professor mcconnell toted the access, the voting rights it gave to voters of color in the south. why is he turning his pack on those voters now? what changed? >> just hypocrisy just like hatred and greed. he's the same brother from kentucky and used the filibuster and lifted the filibuster when he wanted to stack the court with his conservators but that's just the beginning. keep in mind, brother don, we come of great people that say we're never surprised by the evil and never paralyzed by despair never at all. we have to bear witness. when you bear witness, though, brother, it's not just a political thing. we're dealing with spiritual meltdown. when you see the spiritual meltdown, that's what brother trump are about. that's the spiritual meltdown tied to a political breakdown so there is no civic virtue and civic life. when you have distrust, despair, paranoia, when you have poverty, not just material poverty, poverty of imagination, poverty of vision. that's when america is coming to terms with and what is happening we are not just things breaking down but a massive collapse of spirit of civic virtue in the country. that's how you lose your democracy, the little democracy we have left. that's why martin luther king junior and his legacy is important. the rabbi, the response to the legacy of martin luther king junior will in many ways determine the democracy, if we can't come to terms with poverty, military, racism and the need for strong public life, you see, we lose a democracy, that's the history of the black freedom struggle. that's what harriet tubman said and fanny lou said. what we have to do is let our light shine. what kind of witness are we going to bear? you want cnn, all of our fellow citizens various context. we have to bear witness. we're not in full control but don't get discouraged. i was just with my brothers and sisters steven green and sister t t tracy blackman. we have to bear witness across race, gender, sexual orientation to see whether the best of the american spirit and the best of the human spirit and the best of the black tradition of deep love, genuine love, rabbit code love of truth and beauty, goodness. >> well, in this moment listen, you can't worry about what is unpopular, right? you have to do the right thing. >> it's about integrity. >> it about integrity. >> not purity. none of us are pure. integrity. >> right. right. consistency and integrity. what mitch mcconnell did was not consistent, right? it's hypocrisy and speaking of hunger strikes, joe madison is on a hunger strike, as well. >> brother joe madison, he's been at it a long time. >> he's wasting away over there. >> oh, lord, have mercy. >> i know. thank you, sir. it's always a pleasure. enjoy the show. >> stay strong. >> we're cold here. l.a., you guys are doing well. we're freezing. thank you dr. wes. voting rights hitting a brick wall, big defeat at the supreme court. inflation sky high. you saw the desperation of people, the packages on the tracks there in l.a. speaks to what is happening with our economy and country. how will president biden respond to this brutal week? 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(vo) adventure has a new look. discover more in the all-new subaru forester wilderness. love. it's what makes subaru, subaru. president biden left washington tonight to spend the weekend at home in delaware. you probably couldn't wait to get out of town in one of the worst weeks of his year old presidency. the supreme court blocking his mandate for businesses and soaring inflation driving up prices for consumers. a lot to discuss with cnncommen and ashley alison who worked on the biden harris 2020 campaign. good to see both of you. charlie, i see you more often so ashley, great to have you on. i'll start with you this evening. so ashley, it has been one set back after another for president biden on voting rights on inflation, although they say it appears to be easing now. we'll see. we don't know. his vaccine mandate, as well, part of the problem and today, we saw the news that the retail sales last month were awful plus omicron is still causing havoc with staffing shortages and some are upset over testing shortages. i mean, i could go on. but i mean, is there -- it's a bad week for the president. is there any way to cut it or say it? >> no, i mean, it has not been a great week for administration but one good thing about politics is that this is a snapshot in time. i think if i were the biden administration, i would look six months ahead because then we'll be in july. we'll be gearing up for midterms and people will be paying attention. where do you want to be there? then what are the things you need to do this week to get us there? we need to make sure we have testing supplies in july because yeah, in the winter covid spikes but we don't know what will be happening around covid in july and so they need to be preparing for that. if inflation doesn't go down, they need to prepare to make sure there is money in the american people's pocket. they need to make sure they can deliver things so many voters came out to vote for them in 2020 but it hasn't been a great week for the president but, you know, many presidents don't have good weeks but i think the biden administration is turning the page this week. >> go ahead, charlie. look, they seem to be setting thum themselves up by setting expectations and big speeches saying i'll get this done. i won't sleep until i get it done and nothing happens. >> well, yeah, of course, don. of course president biden had had a bad week. it was better than novak djokovic. the bottom line is -- i'm a tennis player. i had to say that. >> voting rights, not so much. >> don't give up hope, don. >> suffer the consequences. let them suffer the consequences. the problem with the biden administration, they raised expectations too high. build back better going too big. and that's very clear to me. even on these voting bills they should be able to do things on voting rights particularly reauthorizing the john lewis law but for the people act senate version of it again is i think it's an over reach. i mean, that's always their problem. they're doing this with the slimmest of majorities and they knew that and they had a bad week on the filibuster, too. manchin and cinema have been very clear where they have stood on this not flip-flopping like so many others did. the democrats just yesterday or this week deployed the filibuster to block the pipeline legislation so, you know, there is a lot of hypocrisy going on on all sides but doesn't excuse biden's bad week. >> yeah. you want to respond to voting rights, ashley, because you know, there are many in the country who said what took you so long and gave the speech there and some key figures didn't show up. he didn't really have the support of the people who wanted him to get at it sooner. >> yeah, voting rights is near and dear to my heart and quite honestly an issue that's very popular across the country. i am very frustrated at where we are right now on this issue. i'm not giving up hope. look, if you're going to be an advocate or activist, you can't let one bad week detour you. that's not what happened during the civil rights movement and this voting rights movement. i'm frustrated with kyrsten sinema and joe manchin and 50 republicans sitting there, i believe, doing nothing to help save our democracy. i think mitch mcconnell's speech this week in his response to president boiden's speech in georgia was comical. they often try to make fraud and suppression a synonym and quite opposite, suppression can exist even though we know fraud doesn't exist in this election system and i don't think for the people act or the john lewis voting rights act is an over reach. i think our democracy is in crisis and that if real people were in leadership right now, meaning the republicans elected now and joe manchin and krysten sinema we would get this bill passed but we play politics and not put our democracy first. >> yeah. charlie, there should be more people like you there because when you were there, voting rights it was unanimous. we even showed mitch mcconnell in congress at the time saying you know what? everyone should have the right to vote and applauding that more african americans -- i've got like ten seconds if you want to respond. >> just real quick, look, everybody has to take a deep breath. republicans over state voter fraud and democrats over state suppression and the issue is voter subversion trying to change outcomes like trump did after the election. that's the problem and they need to address that. biden missed an opportunity to talk about that in atlanta. >> thank you both, appreciate it. thanks for watching, everyone. coming up a special cnn report "the fight to save american democracy." at morgan stanley, a global collective of thought leaders offers investors a broader view. ♪ we see companies protecting the bottom line by putting people first. we see a bright future, still hungry for the ingenuity of those ready for the next challenge. today, we are translating decades of experience into strategies for the road ahead. we are morgan stanley. unitedhealthcare medicare plans offer more... like the “visit a doctor anywhere our rv takes us” plan. and the “zero copays means more money for rumba lessons” plan. find the right plan for you from unitedhealthcare. get medicare with more. nurse mariyam sabo knows a moment this pure... ...demands a lotion this pure. new gold bond pure moisture lotion. 24-hour hydration. no parabens, dyes, or fragrances. gold bond. champion your skin. earn about covid-19, the more questions we have. the biggest question now, what's next? 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