take in a few minutes. i've been struck by a lot of people criticizing joe biden's speech whether you thought he went too far or what have you. we're in a break glass in case of emergency moment and i wrote about it in this book and talked to you about it, people more upset when people say that they are on the same side as the biggots, that's not what joe biden said. he said if you're against voting rights, you are on the same side as those folks. doesn't mean you are that. but it makes people think about it and i think history may look back if we continue along this road and it may look back favorably on that joe biden speech because he i think he will be right if we continue to gut voting rights and restrict especially people of color from voting, from access to the voting box. >> i think you're right. i think that history will look back on that and part of it is i think joe biden has to be caught fighting, right? because what we're expecting is debate opens in the senate tomorrow that ultimately this effort fails and that it fails. look, whether or not you think the filibuster should be gone or not, it democrats not going to go along with that. so it is within his own party that that is not going to push forward in a way that so many democratic voters want. he has to give something and that has to be passion if he can't actually deliver on this policy. >> dr. king spoke directly to this moment back then and i'm going to get to it now. thank you brianna, enjoy the show. see you tomorrow night. >> see you then. this is "don lemon tonight." thanks for watching. as we mark what would have been the 93rd birthday of dr. martin luther king junior, i say mark because it's not a time to celebrate and i was, you know, struck because everyone likes to put things out on social media and put things out on dr. king the march on washington and giving speeches and looking great in a suit but never put out the times where he was hosed, right? or that dogs were nipping at him or when he was arrested or when his head got bashed in. never put out those pictures because that really shows the fight we're in in the moment we're in and what dr. king stood for instead of the soaring speeches which were great but the real work, that real work was in the trenches and that's what people need to focus on now that voting rights dr. king fought and died for voting rights so many americans shed blood for, those are under assault now and it going on right out in the open. we all know what -- we know what is happening and the folks who are fighting against it, they know what is happening, right? states across the country are making it harder to vote, at least 19 states have passed 34 laws in the past year restricting access to the ballot box. and if we ignore that, then we're ignoring an assault on our most precious right as app american, an assault on dr. king's legacy as brianna just said. we're here every night telling you this. oh, god, i want to go watch the netflix. i want to do this. that's enough. you got to do it. because if we don't tell you what is happening, how are you going to know? the senate is about to take up voting rights legislation which is all but certain to fail. d king's family saying there is no cause for celebration without this legislation. >> so no matter what happens tomorrow, we must keep the pressure on and say no more empty words. don't tell us what you believe in, show us with your votes. history will be watching what happens tomorrow, black and brown americans will be watching what happens tomorrow. in 50 years, students will read about what happens tomorrow and know whether our leaders had the integrity to do the right thing. >> dr. king's granddaughter, she's 13 years old, her name is yolanda rene king, not even old enough to vote yet. she's saying pretty clearly exactly what is at stake here and you know with the ol' saying, out of the mouths of babes. >> the ability to vote is under attack across our country and these attacks strike at the heart, not just of the civil rights that my grandparents and so many others fought for but at the heart of our democracy. >> the fact is that the -- well, joe biden has a candidate made voting rights a key promise not just because republicans are opposed to that legislation but members of his own party are putting the filibuster ahead of protecting the vote. >> where do we stand? whose side are we on? will we stand against voter suppression? yes or no? will we stand against election subversion? yes or no? will we stand up for an america where everyone is guaranteed the full protections and promise of this nation? yes or no? i know where i stand. it time for every elected official to make it clear where they stand. >> dr. king's son martin luther king iii not letting the president off the hook. >> if you can deliver an infrastructure bill for bridges, you can deliver voting rights for americans. if you do not there is no bridge in this nation that can hold the weight of that failure. >> then there is georgia senator raphael warnock, the current pastor of the baptist church where king served as pastor. he's framing a 1965 moment referring to the voting rights act of 1965, which was gutted by the supreme court almost nine years ago. >> this is a 1965 moment because what they've done is they removed the protections that we secured in 1965 and we've seen the mushrooming of all of these terrible voting suppression laws across the country. >> all of that is happening as the fbi is warning tonight faith based communities will likely be targets for violence after a weekend of terror and hate on display in america when a gunman held four people hostage in a texas synagogue including a rabbi. the fbi investigating the incident as terror related. a member of the congregation watching a live stream of the service says the suspect talked repeatedly how he hated jewish people. authorities identified him as 44-year-old malik faisal akram a british national. he was killed after the hostages escaped. he was demanding the release of a convicted terrorist serving an 86 year prison sentence in the country. in and in the face of all of that, here we are on the day we remember dr. king getting a bunch of feel good platitudes. platitudes as we always seem to do on martin luther king day. it's now hyphened mlk day. mitch mcconnell praising dr. king. while uniting republicans to protecting the voting rights that he fought for, meaning dr. king. kyrsten sinema tweeting about the legacy while she and senator manchin are refusing to take action to preserve that legacy tweeting about him it's great, voting rights but what are you actually doing? what are you actually doing? why are you so tied to the relic. of the senate. senate, the filibuster, why are you so tied to that? the fact is that they have made a crystal clear, made it crystal clear they care more about the filibuster than voting rights and former president barack obama speaking at the funeral of john lewis awhile back called the filibuster a relics of jim crow. >> and if all this takes eliminating the filibuster another jim crow relics in order to secure the god given rights of every american, then that's what we should do. >> he's right. this is what the filibuster, this is what it does. it allows a determined minority like republicans whose leader mitch mcconnell said he's 100% focused on stopping joe biden's agenda. the filibuster allows them to do just that. dr. king himself spoke out against it. this is back in 1963. >> i think the tragedy is that we have a congress with a senate that has a minority of misguided senators who will use the filibuster to keep the majority of people from even voting. they won't let the majority senators vote and certainly, they wouldn't want the majority people to vote because they know they do not represent the majority of american people. >> that was july 5th, 1963, right? now i'm going to play it again and listen to what he's saying that could be today. play it please again, danny. >> i think the tragedy is that we have a congress with a senate that has a minority of misguided senators who will use the filibuster to keep the majority of people from even voting. they won't let the majority of senators vote and won't let the majority of people vote because they know they do not rep sen -- represent the majority of the american people. >> 1963 or 2022? dr. king could be saying that now tonight. listen closely, okay? no matter what you hear from all of these folks, changing the rules, blah, blah, blah, we change, we evolve, right? we amend. we no longer are in horse and buggies. people are saying get rid of fos fossil fuels. we keep evolving as a country and world. why shouldn't the senate evolve? the filibuster has been used again and again to kill civil rights and voting legislation. that is a fact. nearly 39 years ago as a matter of fact on the senate floor, the filibuster was on display in an ugly attempt by senator jesse helms trying to block the bill declaring martin luther king day a federal holiday. the filibuster was eventually broken in an overwhelming 72-22 vote by a republican controlled senate, republicans who ultimately stood up for what they knew was right. where are they now? where are those folks now? where are they when voting rights are hanging by a thread? so this is what i promised when i was talking to pre anna -- brianna moments ago? this is from dr. king's famous 1963 open letter when he was being held in a birmingham jail and i quote here, i've almost reached the regrettable conclusion that the negros great stumbling block in the strive for freedom is not the white sit citizens counsellor -- zips counselor or the ku klux klanner but the white moderate who is more devoted to order than to justice who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice who constantly says i agree who believes that he can set the timetable for another man's freedom and who constantly advices the negro to wait for a more convenient season. dr. king was never afraid to tell america what it needed to hear. we as journalists cannot be afraid to tell america what it needs to hear. every single day and night. and those words are just as powerful now as 59 years ago. the question is are we listening? let's bring in now the former massachusetts governor patrick. cochair of american bridge 21st century. governor, thank you, sir. appreciate you joining us. how are you doing? >> thank you for having me and thank you for the comments and particularly quoting king's letter from the birmingham jail that is so poignant right now. >> the startling similarity to where we were in 1963 and where we are now. the king family is demanding the senate pass voting rights but when the senate takes up the legislation tomorrow all signs point to president biden and senate democrats failing so what did democrats do? >> well, first of all, i have to tell you if that happens, that is not a failure of democrats or failure of the president. it a failure of the senate as a whole and a failure of america. look, either we believe in participation democracy or we don't. either we continue to do what a friend of mine describes as treating our democracy over and over again like it can tolerate limitless abuse without breaking and act surprised when it's broken. there is an opportunity now at one of two challenges, one of dealing with criticism including the moderate republicans. we keep talking about what democrats haven't been able to get done. what about the 14 current sitting republican senators who voted for the reauthorization of the voting rights act the last time? we have that drama in the senate to make voting accessible but we have a different sort of parallel challenge and you eluded to it in your commentary and that is how to make voting on the ground as you said in the trenches meaningful. >> right. >> i think one of the reasons why senators get to play these games around, you know, invoking the filibuster when they want to and then ignoring it when they don't want to like just the other week when they raised the debt ceiling is because they don't feel accountable to people on the ground and that's why we got to be involved in motivating everybody to hold them accountable. >> glad you said that about the trenches because it really took me awhile to post. i wanted to post some beautiful picture of dr. king and some great platitude or quote he did and i said, you know, and i said that's not where we are right now. where we are right now is the vote is being restricted. we need to remember is the times that quite honestly dr. king got beaten up where he was arrested, where he got his head cracked, where he was, you know, in jail, where he -- that's what we need to realize that and he wasn't alone in that. >> that's right. >> people fought and died for the right to vote and i think for people to just be unaware is an insult not only to our ancestors, our black ancestors but for our white ancestors for the people that fought before us for this right, the people who voted for civil rights legislation, right in earnest. >> people have sacrificed people from every background, every community, every corner of this country have sacrificed to make our democracy real and they have done so in one form or another since the decoloration, of independence. it hasn't always been perfect. it not perfect today but we are better today than we once were because people kept remembering the point that dr. king kept making, which is that his dream was deeply rooted in the american dream. it a fundamentally patriotic act. >> yeah. >> and so we can have and should have the debates we have in the senate. in fact, let's have a debate on the actual merits and a vote on the actual merits and not just a debate about the rules of the senate invented by the senate and invoked most often to obstruct civil rights but the other part of it that is so key is if we have to have an up rest in our hearts. not calling for unest in the streets but unrest in our hearts, we have to be engaged in our own civic and political future, each and every one of us and reach out and engage people so that there is an overwhelming of these barriers to voting in the next election and the one after that and the one after that. >> yeah. i was thinking today -- we'll take a break because i want to bring you back. i'm enjoying this conversation . i was thinking about the horrible thing that happened at the synagogue and the alliance blacks and jews had during the civil rights moment. i hope we haven't moved away from that. i thought about that and we all need some alliance now. >> that's right. >> we all need to be brothers and sisters, those of us discriminated against. for racial reasons or religious reasons. i want to talk about that video of dr. king saying he was against the filibuster, why it is still blocking voting rights legislation 60 years later. we'll be right back. better skin from your body wash? 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[limu emu squawks] woo! new personal record, limu! only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ >>. back with me now. former massachusetts governor. you are out with the op-ed. urn cutting the right to vote has been a strategy of republicans for decades. you go on to list the reasons why from gerrymandering to limiting voting hours and you say again, all of it and more is core to republican pathways to power when you add it up, it as if the gop has decided it can't win a fair fight. is this what it's about? >> you'd have to ask them but looks like it from where i sit. i'm a loyal and faithful democrat but i describe myself as a democrat that says you don't have to hate republicans to be a good democrat. i think we ought to have a contest of ideas. i'm not naive. i understand the sharp elbows that go with politics. i understand the self-interest that is a part of politics but i don't think you ought to extend to the ballot box. i think the trading, the horse trading and so forth, i understand all that to get legislation passed. but not on a fund mental question about the country we are. that's really the question here. i've heard republicans cry foul over democrats pushing reforms of the voting rights act closing these gaps opened up by the supreme court and bad behavior in the states. crying foul that it's some kind of power grab and yet, that's precisely what was motivating these 19 states and counting to obstruct the vote and to put in the powers of republican partisans to throw out outcomes they don't like. don, i guess the question i'm asking myself is not just what are senators sinema and manchin going to do but what is senator collins going to do? what is senator romney going to do? when does patriotism actually call the members to see beyond party and make a decision about what is best for everybody? >> senator romney is saying that he doesn't want to put voting in the hands of one -- you know, in the hands of the federal government. it should not be taken away from the states but, you know, i had someone on, i'll have someone on earlier who doesn't necessarily agree with that he'll talk to us in a bit. the attorney general from pennsylvania. >> that's not even what the constitution says as i'm sure you know and your guest does as well. it's another thing you hear republicans hide behind but the federal government had to step in in the past in situations very like this when states decide a minority of actors in the state decided to use their minority power to keep power from being shared with everybody else. >> before i let you go -- >> and that's all. >> i want to ask about this video from 1963 when dr. king said that he was against the filibuster because he believed a minority of misguided senators, kind of what we're talking about now would use the filibuster to keep the majority of people from voting. why are we still dealing with this in 2022? he said that in 1963, governor. >> yeah, yeah. i mean, don, why are we still fusing about this? look, the filibuster doesn't have to be eliminated. they set it aside when they want to. they did it just a couple weeks ago as you know to raise the debt ceiling. they do it every time on budget questions. i think they did it recently when the defense authorization bill came up. they do it when they want to. this ought to be a time when folks feel compelled to do so. >> governor, i really enjoyed having you on. always do. this was a nice long conversation. appreciate your thoughts. >> appreciate you, don. >> a daring escape after an antis-semitic attack in texas. at a synagogue. the congregation and their rabbi held hostage for 11 hours. now they're describing how they took matters into their own hands. >> at one point he even said that i'm going to put a bullet in each of you, get down on your knees at which point i glared at him and raised up in my seat and may have shaken my head like that but i glared at him and mouthed no. ♪ it wasn't me by shaggy ♪ you're never responsible for unauthorized purchases on your discover card. on fanduel sportsbook, new customers can bet 30-to-1 odds on any team in the playoffs. ♪ ♪ so you can make every catch... ♪ ♪ feel like the catch of a lifetime. ♪ ♪ ♪ ♪ new customers can make every moment more during the nfl playoffs with 30-to-1 odds on any team to win their playoff game. bet $5 to win $150. only on fanduel, america's number one sportsbook. if you have this... consider adding this. an aarp medicare supplement insurance plan from unitedhealthcare. medicare supplement plans help by paying some of what medicare doesn't... and let you see any doctor. any specialist. anywhere in the u.s. who accepts medicare patients. so if you have this... consider adding this. call unitedhealthcare today for your free decision guide. ♪ [bacon sizzles] [bacon sizzles] ♪ [electronic music plays] ♪ [bacon sizzles] ♪ [electronic music plays] ♪ woo! no ink! ugh! i need you to print, i need you. you think you're empty? 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the guy game in wanting help. how are you processing this senseless attack? >> in many ways, don, it's a shocking attack but not all together surprising. as you eluded to into the lead into this piece, the level of anti-semitism hit historic highs in the country in the last three years we've seen the highest number and the third highest number of antis-semitic incidents. in more than 40 years. we seen spikes in harassment, vandalism and violence and it is telling that a rabbi who wants to teach torah, his life was saved because he knew tactical maneuvers. thank god for the fbi and andrew's former colleagues that did amazing work by the hero is m of the rabbi and the remarkable thing that transpired, they knew how to respond and what does it mean when whether it's in the places we pray or the supermarkets where we shop where jews have to worry for their lives and they have to literally do a calculations will i be killed? will i be taken hostage? will i survive? even in the sacred spaces, don, we are not safe, no one is safe. this is a failure not of the jewish community but america and we really have to confront that fact. >> jewish communities are under high alert today and jonathan credited the fbi for helping there. the fbi is warning faith-based communities that will remain targets for violence. can an attack like this provoke copy cats like this? i hope not but that's my question. >> of course it could. that's a prime motivator behind the fbi's warning tonight. it yet another sad and tragic aspect of this wave of violence that disturbed mentally disturbed people who are maybe leaning in that direction see like things like this that is a an inspirational moment or triggering moment to set them into motion. at the end of the day as we saw in this case lives were saved because people were prepared in advance. that's what you're seeing from the fbi warning other synagogues and jewish institutions to think forward, be defensive and be prepared. >> andrew, i want to play this for you. this is jeffrey cohen, one of the survivors from the hostage situation talking about how they were able to get out. listen. >> the training in an active shooter saved our lives because it taught me to be aware of my surroundings to know where the exits are and then the rest of that is run, hide, fight and that's what we did. >> andrew, jonathan said it good they have the training but sad they have to have the training. could this have ended differently if the hostages didn't have the training or courage they show snd. >> sure, sure. that's the purpose of the training, run, get out, ie, hide, conceal yourself if you can't get out and when everything else falls apart, you have to fight. you cannot give up. don't give in. don't give up. don't ever give up. these people stayed in the fight. they were thinking tactically. they were maneuvering themselves towards the door. they were communicating with each other. they did, you know, everything right here and one mistake, one thing if they'd kind of wallowed in fear and not thought tactically, they may not have been positioned to take advantage of the opportunity so thank goodness they were. >> here is jonathan co-win who survived this attack. >> this guy was not the sugar we hear about all the time that wants to come in shoot all the jews. this is not him. he came to us and terrorized us because he believed these tropes, these antis-semitic tropes jews control everything and if i go to the jews they can pull the strings. he said i come to you because i know president biden will do things for the jews and president trump will do things for the jews. >> that really stuck because he went on to say look, i don't see these people, most of them who say these things that they're necessarily racist. they're just repeating ignore -- ignorant things but someone that's unstable or has mental issues, it becomes real and they act. these tropes are incredibly dangerous in that regard. are you worried this type of language is becoming part of the main stream? >> i mean, don, i think this language entered the main stream years ago. wild conspiracy theories that defame or delegitimize the jewish people or jewish state are part of the things that are terrifying. i don't have the luxury of this was a deranged person. anti-semitism itself is a conspiracy theory and i sent my kids to hebrew school not to learn hand to hand combat. it makes me angry to think it was survivor or something. i mean, this is madness and i think it starts with words, don, so people who traffic in conspiracies, we need to call them out. again, people on the right need to do it with people on the right who make wild claims about george soros or jewish space lasers. people on the left need to push back. i think, don, it really starts with words and people in positions of authority need to rediscover that moral leadership that is so critical to having a shared society. this weekend was an example of what happens when everything unravels and we're having this conversation a week after the terror attack in washington. it started with words. we need to take people seriously when they say they mean us harm, the jewish people learned we can't afford to ignore them. we've got to take that seriously. >> i'm so glad to have you here, jonathan, thank you and andrew, appreciate it. thank you very much. the surgeon general warning the next few weeks will be tough as covid surges nationwide hospitals runs out of space as more schools struggle to keep classrooms open. well, would you look at that? 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yeah, hang on, i'm about to break my own record. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ so the omicron surge pushing hospitals to the limit. 160,000 people hospitalized with covid in the u.s. and 25,000 adults in the icu and parts have crested the surgeon general warning cases nationwide have yet to peak. dr. peter hotez is here. codirector of texas children's hospital for vaccine development. so good to have you on. look, i love having you on. i'm looking forward to the day i don't have you on or you're on and we're talking about something else. is that fair? are you okay with that? >> yeah, don, i'm worried a year from now the country will see me and have ptsd because i'm the bearer of such bad news so often but it is truly heartbreaking at times. >> yeah, we have to talk about it because this latest surge is throwing schools back into chaos, doctor. you're in houston where the school district is cancelling classes tomorrow as cases rise in the community. can temporary closures like this help stop the spread? are kids safer being in school? >> i think what is happening tomorrow is it's supposed to be a teachers day and school will be back on wednesday but we really are dealing with tough issues here in houston and harris county and across texas which is that we have a screaming level of virus transmission, problem number one so that as of last week, we've got so many teachers calling out sick. we're doubling up classes. we're asking principals and administrators to serve as substitute teachers so it's really struggling to keep the schools afloat and then we have the problem that we're not allowed to have mask mandates so the superintendent of hisd is trying to implement mask mandates to give us a fighting chance and then our vaccination rates are awful among the kids especially the 5 to 11 and the teenagers here so the expression give me something to work with here. we're just, you know, it's not even two strikes against the teachers and administrators. it's practically three strikes and we're setting up our teachers and students to fail and somebody has to provide some adult supervision here and help our educators. >> speaking of, the people in charge of this right and it's confusing to a lot of people so help us out here. the cdc's most recent isolation guide advices people coming out of the five-day isolation to avoid being around people who are over weight, have depression, current or former smokers and more. a cnn analysis find these cover more than 80% of the u.s. population. what are people supposed to make of that? i don't know, wait a minute, let me see, are you over weight or are you a smoker? i don't know. help me. >> yeah, we're asking the american people to suddenly get a masters in public health and it's not working. here is what we know. we have new information coming out of the japanese government, the institute of infectious disease in japan found concordance among pcr results and virus isolation with people with omicron. so one of the problems with the pcr is it's very sensitive and can detect both actual virus and virus remanence so you don't know if people are really shedding virus and now it's showing that it backs it up pretty well so it goes like this, don. what happens is starting around seven, eight days it drops off significantly in terms of actual virus being released. it's a small study, but if it could be replicated, it tells us actually that the original recommendation of ten days might have been spot-on, and we might have to revisit that if other studies which are larger show the same thing. >> yeah. i just had questions about, like, when you're shedding -- just real quick, when you're shedding the virus, are you still contagious? >> yeah, that's the basis of being contagious when you're releasing virus. that's why vaccines can work. if you've got a lot -- you actually stop the virus shedding. >> it's at the end when you're getting rid of it, so i guess you're still contagious. but how do you know that you're not? you have to have the pcr to show what the viral load is. >> right. but now it's showing the pcr is actually backing up the actual isolation of the virus, which are harder studies to do, and they're showing more or less the same thing. people are releasing virus. we won't even use the word "shedding," releasing virus in their nose and mouth either after being symptomatic or after being diagnosed for about nine days. by day ten, then it really drops off. >> that's what we need. >> so that might be the right recommendation. >> that's what we need, the right language. instead of shedding, you should say releasing the virus because i think everybody can understand that. i appreciate it doctor. see you soon. tennis star novak djokovic sitting out the australian open after his deportation from melbourne. now his status for the next grand slam tournament in jeopardy. 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. does sinus congestion and pressure make breathing feel impossible especially at night? 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