Streets across this nation tonight after a grand jury in louisville, kentucky, charged just one officer in the Breonna Taylor case. That officer though not charged with the actual killing of the 26yearold, nor were the other officers present. You are looking at pictures of a tense stand off in louisville, police as you can see in riot gear facing off against a crowd. That is what you see now still in daylight. The crowd growing in size tonight, curfew going into effect in less than two hours as we are watching this right now. To add to the tension on the ground, this is video of a Militia Group. That is a Militia Group marching through the streets with long guns. Earlier today in louisville. Now, taylor was shot 6 times in her apartment in the middle of the night last march. Lawyers for taylors family calling the decision outrageous and defensive. Earlier today kentuckys attorney general defended the grand jurys decision. Breonna taylors death has become a part of a National Story and conversation. But we must also remember the facts and the collection of evidence in this case are different than cases elsewhere in the country. If we simply act on emotion or outrage, there is no justice. Mob justice is not justice. As the attorney generals referencing, taylor became one of the faces of nationwide protests against police shootings. Just moments ago, President Trump was asked about todays decision. Heres his response. I thought it was really brilliant Kentucky Attorney general is doing a fantastic job. Hes handling it very well. All right. Theres a lot to get to tonight and the nation of course on edge. I want to start with Shimon Prokupecz life outfront in louisville. Shimon, we showed pictures of whats happening moments ago with the altercation with riot, protests and police. What are you seeing and hearing now . Reporter yeah, erin, we are here at Jefferson Square park. You can see behind me several hundred protesters have gathered. Theyre trying to decide whether or not theyre going to march. They gave indications they are going to march. As ive seen through the night here, police here are moving in quickly when they feel things are escalating. This, as tension remains high here. Outrage in the streets after a controversial grand jury decision in the Police Killing of 26yearold Breonna Taylor in march. Three louisville officers were involved in a gun battle with taylors boyfriend where she was shot multiple times, and only one was indicted. The fatal shot was fired by detective cosgrove. Detective Myles Cosgrove not indicted. Sergeant mattingly was the first and only officer to enter the residence. Sergeant John Mattingly not indicted ether. According to kentucky law, the use of force was justified to protect themselves. Reporter only former detective Brett Hankison was charged with three counts of wanton endangerment to the apartment next door. Back in june, hankison was fired and reprimanded by the interim police chief in a letter accusing him of wantonly and blindly firing into taylors apartment through a curtain. Several of the shots went through the neighbors house. The officers were executing a no knock search warrant. The attorney general says a witness heard police knocking before they broke down the door. Evidence shows that officers both knocked and announced their presence at the apartment. Taylors boyfriend, Kenneth Walker, says he never heard Police Announce themselves. All of a sudden someone started beating on the door. They refused to answer when we yelled, who is it. Walker fired the first shot, hitting mattingly in the leg. In a matter of seconds, three officers r returned fire. 15 minutes later, breonna was dead. Breonna taylors family and supporter were expecting stronger charges against the officer, manslaughter. The Attorney Ben Crump calling it outrageous. The attorney general urged the public fiat had to politicize the decision. There will be celebrities, influencers and activists who have never lived in kentucky who will try to tell us how we feel, suggesting they understand the facts, but they dont. Reporter but on the streets of louisville, the National Guard has been called in to prepare for the protests, as the mayor announcing a threenight long curfew, beginning at 9 00 p. M. We must plan for the potential for large gatherings. I urge everyone to commit once again to a peaceful lawful response. And erin, as you said, the curfew, two hours away now, less than two hours, and police here, as i said earlier, have given indications that theyre going to move in and strictly enforce this curfew. This is something that is certainly on the minds of many of the people you see here who have given indications theyre going to march. The issue is theres a curfew here starting at 9 00. Well be here. Well see what happens. Tension here remains high and the big thing is going to be whether or not the police move in to try and enforce the curfew. Shimon, thank you very much. And were going to continue to watch here what happens over the next few moments. Outfront now, the president and ceo of the louisville urban league, criminal defense general joey jackson. I want to start with you. You have been speaking out about Breonna Taylor for months, and today no officers charged directly in her deadly shooting. Were you shocked . How disappointed are you . I am i am profoundly disappointed. Unfortunately, i cannot say that i am shocked because i am a black woman in america and i know that our lives have not had much value in this country. I did expect more from my city, and i am mad at myself for building my hopes up and keeping this community hopeful. But it is what it is, and these people marching in the streets, my god, they have a right to their rage. We all do. This is very, very disappointing day for all of us in louisville, kentucky, and across this country. So, joey, the charges th, th ones that there were, were for only one officer, former officer, Brett Hankison, charged with wanton endangerment for putting the lives of other neighbors at risk when he opened fire, not in relation to shooting Breonna Taylor or her boyfriend. When you look at the evidence in the case, as the attorney general is telling everybody to do, do you think the charges and lack thereof make sense . So, erin, im troubled and im concerned. And with respect to the attorney general who says that there will be people outside of kentucky who have opinions, yes, people outside of kentucky do have opinions. We have a country that has opinions, and that opinion focuses on accountability. So, lets talk about that briefly. Were talking about a grand jury. Whats the significance of that . A grand jury, erin, doesnt determine proof of guilt beyond a reasonable doubt. A grand jury assesses the evidence and establishes whether theres reasonable cause to believe there was a crime and that the officers in question committed it. That gives you a lot of leeway with respect as a grand jury to what you ultimately conclude, and you dont have to, by the way, be unanimous. Why is all this relevant . We have often said that a grand jury will indict a ham sandwich. It depends what information they have. And theres contradictory evidence and information. What im concerned about is how the case was presented. What did they hear . What information were they given such that they drew the conclusion . So, yes, its very concerning. I dont live in kentucky, right, the attorney general, but the person outside having evaluated, followed and viewed the evidence, i am concerned with respect to the conclusions the grand jury reached and i want to know what information they were given such that they reach the conclusion rendered we all heard today. I think its really crucial you lay that out because i think a lot of people may not always realize what information they had, right . She kept going in and a lot to do what what youre going to conclude going out. We know taylors boyfriend fired first and he says he and breonna were both afraid and the police never identified themselves, which is core to the reason for the limited charges. Heres the Kentucky Attorney general on this specific issue of a noknock warrant again. They did knock and announce. The important point here is that information was corroborated by another witness, who was in close proximity to apartment four, who corroborated that information, and said there was a knocking and announcing by the officers. [ inaudible question ] the witness was a civilian. Okay. Drew, this is crucial to the whole thing. And you spoke to multiple witness, including a woman who was just inches away who backed up taylors boyfriend saying police did not identify themselves. When you heard this today from the attorney general, were you surprised . No, but it goes to joeys point, which is what was presented to the grand jury . We know that there was somebody in that apartment complex its a very tight corridor with four apartments up, four apartments down. The doors are very close to each other. We know that one person did poke his head out to see what was happening. If that person was up at 12 40, heard something outside, poked his head out and then heard it was the police, thats a different set of facts than if youre inside an apartment like Kenneth Walker and Breonna Taylor lying in bed dozing off to sleep and you dont hear anything. The witnesses i talked to, none of them heard police. Two of them were woken up by gunfire. One teenage girl says she woke up and thought it was a domestic fight. All she heard was shouting. None of them heard the words, police, open up. This is crucial to the issue of charges. Joey, when i mentioned this shot from taylors boyfriend, it was one shot and he says he aimed low, which by the way this appears to be true because the officer she shot was shot in the leg. So, he has one shot at the leg. The three officers in return fire a total of 32 shots, 22 from the officers who did not get charged. The attorney general today says the use of oforce was justified by those two officers not charged, and the former Police Commissioner for philadelphia, Charles Ramsey just weighed. In. He said its a tragedy plain and simple but they were justified in returning fire in my opinion. Nobody had any of this information that were discussing now. What do you think . Respect mr. Ramsey greatly. He has done a Great Service to our country and his community. Heres what i think. What i think, there comes a point in time where force is excessive. What i think is in order to get to the issue of criminality you dont have to reach a conclusion of grand jury that someone acted intentionally. At what point does my conduct become so unreasonable that it transcends the training of what could be deemed criminality. Was there any negligence at all in what the officers with r doing with firing 30 shots . Was there recklessness with response to their conduct . These are things that have to be measured. Final point, we could debate justification all day and all night. At the end of the day, thats a injury determination, not a grand jury determination. A jury determination. I think people are upset because of the short circuiting of the process. If you feel something happened, you can guide them accordingly, if you dont feel something happened, you can guide them accordingly. Grand jury indict and a trial jury makes the ultimate conclusion. And the fact a jury will not make that decision is very troubling. Drew, was there anything that stood out that surprised you by what the attorney general said today in his defense of this decision . Not in defense of his decision. Based on the facts he presented, i can see how he reasonably believes the grand jury was correct in its decision making. But the big, big hole in all of this is why those officers were at that door in the first place. It was completely shotty police work, terrible intelligence. Copy and pasted search warrants. And lets go back all the way to the beginning. The actual target of this whole operation was a petty street drug dealer under surveillance that could have been arrested at any time for the months they had him being surveilled in advance, and none of the surveillance implicated directly Breonna Taylor. So, why did they go to this single woman they thought was in that apartment alone at 12 40 at night with a battering ram. That part of it makes no sense. The officers who were there were ordered to do that, okay . So, you have to take them away from the decision making, which i think is really the criminal aspect of this. And that is why, i believe, you see all these people out on the streets because of exactly what you point out and what youre nodding to. Thank you so much. Can i Say Something else . This is frustrating. Go ahead quickly. I just want to tell you the grand jury process did not work for Kenneth Walker in the same way it worked for the Police Officers and thats not another reason people are in the street. They recognize the difference in justice, who you are, where you are, and what you have access to. There are so many places along the way in this case where black people, where Breonna Taylor, Kenneth Walker did not get justice and we still dont have it. All right. Thank you. I appreciate your time, all of you. And next our breaking News Coverage of Breonna Taylor continues. These are live pictures this is brooklyn that youre looking at right now. Civil rights leader warning protesters that any violence, though, will only help trump. Congresswoman Sheila Jackson lee is here. Plus dr. Anthony fauci takes on senator rand pauls wild claims about coronavirus. This happens with senator rand all the time. You are not listening to what the director of the cdc said. Plus the president not committing to providing a peaceful transition of power if he loses the election. Do your sneezes turn heads . Try zyrtec. It starts working hard at hour one. And works twice as hard when you take it again the next day. Zyrtec muddle no more. Verizon knows how to build unlimited right. Start with americas most awarded network. Include the best in entertainment and offer plans to mix and match starting at 35. Plus, buy the Samsung Galaxy s20 5g for less than 5 per month, and get another on us. Only at verizon. Eh, not enough fiber. Chocolate would be good. Snacking should be sweet and simple. 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And i want to go now were going to go to brooklyn in just a couple of moments to go on the ground there. I want to go to congresswoman Sheila Jackson lee of texas. Democratic congresswoman. As were working on getting our shot there, weve got our protests in cities across the country, i want to give you a chance to react to the announcement today to the attorney general in kentucky who laid his reasoning out, yet no officers charged directly with the death of Breonna Taylor. And the only charges for one officers related to bothering others, endangering others in the apartment complex. What is your reaction . Thank you for having me. My plea is to have peaceful protests, nonviolent protests. I understand what the protesters are crying out for, and thats simple justice. What happened today is a great injustice. We understand the scales of justice. We understand the right to be innocent until proven guilty. In the instance of this meager zie indictment, if you will, this reckless endangerment, the facts were not put before the grand jury as extensive as they were. There are too many unanswered questions. And in actuality, this should have had the opportunity for a jury, for a trial to occur so that all these witnesses who have not been heard from or have a different story from what has been represented, they need to be heard. They needed to be heard. So, my point with this is that i think the attorney general did not put a full presentation before the grand jury. Where are the witnesses who said they did not hear any announcement that it was police . What about the individuals that were in the upstairs apartment . Were they heard . What about the fact that she was shot eight times or she was laying wounded in her apartment and no one was seen rendering her aid . Yes, someone shot inside the window, but the question of selfdefense is whether or not Breonna Taylor was the one that was providing any threat. She was not. And of course the final point, i would say, is enough is enough with noknock drug warrants. They is are to cease. They should cease locally. Were trying to end them with the George Floyd Justice and policing act. But i am empathetic to what is going on. I want justice. I want everybody to be heard. I want a trial to be had. And if it is not going to be had in the state of kentucky, then i argue that the right kind of Justice Department would intervene right now to begin a civil rights investigation of breonnas life, whether or not her civil rights were violated. And i hope the fbi can do an extensive ballistics investigation to find out where those shots went and whether or not these shots were warranted. So, the president was just asked about the announcement, and instead of giving his own answer, congresswoman, he read from the Kentucky Attorney general Daniel Camerons statement. And earlier he did respond in this way. Let me play it for you. I love the black community, and ive done more for the black community than any other president. And i say with a possible exception of abraham lincoln, and i mean that, with opportunity zones and with criminal Justice Reform, with prison reform, with what weve done for historically black universities, colleges, schools, what weve done nobodys done more. Abraham lincoln, lets give him the nod, but beyond that, nobodys done more. So, you hear that. Do you think that message will resonate with black voters . Well, black voters are enormously astute and theyre also respectful, theyre energized and ntheyre energeti. And they understand they have to vote in this election because it is life or death. It is interesting to recognize that all president s are human with all kinds of frailties. So, president lincoln had his. But whenever you see a modern day president begin to compare himself or herself to abraham lincoln, you begin to start seeing insincerity and of course lack of truth. So, we dont hear anything that moves us to believing that he has done more for black people. And when you call us black people in america, it almost reminds us of the moment of bondage that we are his people and hes done something for us. When you do something for africanamericans, the descendants of enslaved americans, you do something for america. His efforts on criminal Justice Reform have gone flat because they have not funded the federal bureau of prisons to be able to see it implemented. Members of congress wrote that legislation. They did an excellent job. They had excellent good intentions. But we dont see the impact of it under this administration. And then i would say for the historically black colleges, i happen to have a number of them in the state of texas. I can say to you that some of them are still financially suffering. Theyre suffering with covid19. He is not seen fit to pass the h. E. R. O. E. S. Act which has a lot of money for colleges and primary secondary schools. I think that falls short. What we want to know is how sincere are you in the criminal justice arena which is the pain africanamericans are feeling. Theyre feeling it because they can have a role call. You know, erin, youve been reporting about tamir rice or walter scott or eric garner or mr. Rashad in atlanta who wanted to go home to see his daughters birthd birthday party, my constituent, george floyd, and of course elijah in colorado and jacob blake. These are just recent individua individuals, and there are many others. I think our community is a fair community. And really theres everyone there are suburban moms protesting. There are people of all backgrounds protesting. We want simple justice. This was not, and this should have gone to a trial with the indictment of all three. And they would have gotten a fair trial. And if not, then the Justice Department has responsibility for starting an investigation, maybe a civil rights investigation around breonnas death. Congresswoman Sheila Jackson lee, i appreciate your time and weighing in. Thank you for having me. Sources telling cnn dr. Deborah birx doesnt know how much longer she can serve on the Coronavirus Task force. And why Amy Coney Barrett once said about a liberal replacing justice scalia. Am i talking about him being replaced by someone who could dramatically flip the balance of power on the court. Its not a lateral move. The stronger, lastslonger energizer max. I feel good i knew that i would, now i feel good get a dozen double crunch shrimp for one dollar with any steak entree. Only at applebees. There he is. Carnivorous devourus. 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Im working to protect immigrants, women, communities of color, and lgbtq people. And im making corporations like pg e and Insurance Companies play by our rules. We need experienced leadership to wipe away trumps stain on america for good. Breaking news, President Trump accusing the fda of playing politics, saying he may overrule the fda when it comes to their stricter guidelines for a Coronavirus Vaccine approval. It sounded extremely political. Why would they do this when we come back with these great results. And i think youll have those great results. Why would we be delaying it. But were going to look at it. Were going to take a look at it. Ultimately the white house has to approve it. As the president was speaking, you can see the original members of his task force were not there. Dr. Anthony fauci, not there. Dr. Deborah birx, nought there. The person that was there was dr. Scott atlas, the president s new task force member. And atlas growing influence in the white house is why one of the nations top experts has just about had enough. A source telling cnn that dr. Debra birk has been telling friends and colleagues shes not sure how long she can keep serving on the task force. It is a big deal this is happening now because birx has tolerated a lot from the president. She stayed on even after this now infamous moment. Then i see the disinfectant where it knocks it out in a minute, one minute, and is there a way we can do Something Like that, by injection inside or almost a cleaning. Birx was visible awkward and upset in that moment. She had to watch all of us replay it again and again and again. She said nothing to trump publicly and faced criticism for it. She did later talk to him about it. I made it clear and he understood that it was not as a treatment. But she was quiet at that crucial moment and didnt humiliate him. And there were other times though she did go out and publicly correct trump. Weve had tremendous response to the hydroxy what do you have to lose . Take it. Theres not evidence it improves those patients outcomes. She took him on then, then trump tried to humiliate trump, calling her pathetic. Birx tells friends she feels sidelines thanks to the addition of scott atlas to the task force. To be telling people he is a Bad Influence on the president and that the president found somebody who matches what he wants to believe, which is a pretty scary thing. For example, like when it comes to the importance of masks. Atlas defends the president for holding rally, where very few people wear masks and they dont socially distance. Here he is explaining that as a 15year stanford medical professional and a radiologist on this program. The president sets the policy, and i have agreed with his policy, which is wear masks when you cannot socially distance. But theyre not doing that there. But we dont put them in prison for not wearing a mask. Im sorry. I dont think hes going to be willing to do that. But he shouldnt be holding a rally with them there. The bottom line is you do not think he needs to lead by example or stop holding these rallies, which go against his own policy . You think that is okay . I think the president does lead by example. I think he articulates the policy. I think he treats people like adults. I think he uses common sense. And im completely comfortable with the president s policy. Clearly birx not comfortable with exchanges like that. I mean, just to remind everybody, its this policy that we are talking about. This is a tweet from the president last night, late in the wee hours of the morning, thousands of people packed together, obviously not socially distanced and very few wearing masks. It appears that all of this is perhaps the bridge too far for dr. Deborah birx. I want to start with the latest news that the president is threatening to overrule the fda coming out with what they say could be much stronger and stringent guidelines for a vaccine approval. Hes saying he can overrule them. Can he . Reporter thats a great question. We reached out to the fda asking whether or not he does have the authority over that. They said they were going to decline to comment, pass it back to the white house. So, its not clear where thats going to go. What the president is saying is this could interfere with the timeline of getting a vaccine by election day, something he has been teasing time and time again at these rallies. What the fda is considering is making it tougherer to get a vaccine approved. What theyre making tougher would be the timeline of the approval, which based on what were hearing so far from the discussions happening inside the campaign, it would not happen close to election day, closer to thanksgiving or something further than that. What theyre considering is after some of these Drug Companies give the second dose of the vaccine trial to these candidates they would have to wait until two months to get an emergency use authorization. Another consideration is only making them wait until theyve given half the vaccine for the trial participants, then they have to wait two months before they can get the emergency use authorization. That means there would not be a vaccine by election day. The president is claiming he would have to approve any changes like that. He doesnt understand why they would want to make it longer. We should note this comes as the fda commissioner was on capitol hill today saying he would promise there would be tough vetting procedures when it comes to a vaccine, erin. Kaitlan, thank you from the white house tonight. Outfront now, dana bash and dr. Jonathan reiner, advised the White House Medical Team under president george w. Bush. Dr. Reiner, what do you make of the president saying that basically a threat, essentially, that he has to approve any new fda rules that would push the if the fda has tough rules, thats going to push vaccine approval beyond election day, he has the ability to overrule them . Shocking. When have you ever heard a president declare that he knows about vaccine science or vaccine safety than the professionals, the career professionals at the fda, absolutely shocking. If the white house were to do that, physicians all over the country would advise their patients not to take the vaccine for fear of safety. Look, from the very outset, the president decided to manage the message rather than manage the pandemic. And as we move closer to the election, he is betting the farm on a vaccine. Hes betting that a vaccine will save his presidency. Whether its ready or not, he needs a vaccine. What we need more than ever are the professionals. We need to tee tony fauci. We need to see dr. Birx. We need to see dr. Redfield. We need all of the professionals. We need stephen hahn. We need everyone standing up in front of the press, assuring the public that the vaccine will only be released when it is safe. And dana tonight, when we saw the president speaking about these issues, we did not see dr. Fauci or dr. Birx or dr. Redfield. We only saw dr. Atlas. I played a clip of his point of view on this. It seems hugely significant that dr. Birx is at this moment questioning whether she can keep doing this, right . And i dont say this in any pejorative way, but she handled bleach privately. She took him on hydroxychloroquine publicly but graciously. But dr. Scott atlas and how hes speaking is something that could be a bridge too far. Yeah, and it seems from our colleague jim acostas reporting and from my experience, i interviewed dr. Birx a month ago, and it was during that interview that she said that covid19 is now widespread and it was that remark that triggered a very public rebuke from the president , rebuking her for gaining to tell the truth. Calling her pathetic. Called her pathetic, exactly. So, it seems as though, from jims reporting, that since then her influence is waning. You kind of saw her pained at so many of those press conferences, but, you know, forgive me, but sucking it up because she felt like she was having influence behind the scenes, despite what the president was saying in public. And that seems to have changed dramatically now that dr. Atlas is there, not just in public but in private and doesnt seem to be somebody who she has a lot of respect for or others do too. Obviously hes the subject of a letter from stanford for calling him out for points of view he has expressed. Dr. Reiner, dr. Fauci was not there tonight as well, and he appeared to be at his wits end at a hearing on capitol hill. I want to play part of that exchange for you. Youve been a been fan of cuomo and the shutdown in new york, youve lauded new york for their policy. New york had the highest death rate in the world. How could we possibly be jumping up and down saying Governor Cuomo did a great job. He had the worst rate in the world. You misconstrued that and did that repetitively in the past. They got hit very badly. They made some mistakes. Right now, if you look at the things that are going on right now, the things that are going on in new york to get their test positivity 1 or less is because they are looking at the gui guidelines that we have put together from the task force of the four or five things of masks, social distancing, outdoors more than indoors, avoiding crowds and washing hands. Or theyve developed enough Community Immunity that theyre no longer having the pandemic because they have enough immunity in new york city to stop i challenge that senator because im afraid please, sir, i would like to do this because this happens with senator rand all the time. You are not listening to what the director of the cdc said that in new york its about 22 kt approximate. If you believe 22 is herd immunity, i believe youre alone in that. That went on, dr. Reiner. Rand paul is an eye doctor and he had coronavirus. Going after dr. Fauci. Dr. Fauci, i mean, he laid that down. He was not taking it. Right. And this is why you dont have the administration put him forward because hes from my hometown. Hes from brooklyn, and he tells it like it is. There was only one person in that conversation who knows anything about virology or immunology, and that sadly, was not senator paul. We need to hear more from dr. Fauci. We need to hear the good and we need to hear the bad. And i dont think the public will accept a vaccine unless our scientists tell us that its safe. I think the president is barking up the wrong tree. All right. Thank you both very much. I appreciate it. And next, President Trump refusing to commit to providing a peaceful transition of power if he loses the election. Were going to have to see what happens. You know that. Ive been complaining very strongly about the ballots and the ballots are a disaster. Plus Amy Coney Barrett, trumps top choice to replace Ruth Bader Ginsburg said this in 2016. Were talking about justice scalia, the staunchest conservative on the court, and were talking about him being replaced by someone who could dramatically flip the balance of power on the court. Its not a lateral move. Take the good, with the bad live the life you want to have send it off, with a bang whistling and 24hour relief of nonfrom symptomstin. Caused by over 200 indoor and outdoor allergens. Like those from buddy. And for kids, try childrens claritin. The only brand that provides 24hour nondrowsy allergy relief. But some cant do it alone. They need help to stay home. And stay safe. They need us and we need you. Home instead. Apply today. Plan matters more than ever. Unitedhealthcare Medicare Advantage plans have so much to take advantage of. See a doctor from the comfort and safety of home with zero copay. Call today to get more of the care you need. With zero copay. Tonight, ill be eating a veggie cheeseburger on ciabatta, no tomatoes. [hard a] tonight. Ill be eating four cheese tortellini with extra tomatoes. [full emphasis on the soft a] so its come to this . [doorbell chimes] thank you. [doorbell chimes] bravo. Careful, hamill. Daddys not here to save you. Oh i am my daddy. Wait, what . What are you talking about . Breaking news, President Trump not committing to a peaceful transition of power after the election if he loses. Let me play for you what he just said. Theres been rioting in many cities across this country. Your socalled red and blue states. Will you commit to making sure there is a peaceful transferal of power after the election . Were going to have to see what happens. You know that. Ive been complaining very strongly about the ballots and the balance lots are a disaster. There wont be a transfer. There will be a continuation. The president is referring to are apparently mailin ballots, which are going to be a big part of this election. Thats just the fact, right . They are going to be a part of it. Theyre not going to go away and of course there has been no evidence that they have had any vulnerability to fraud. Outfront now, chuck schumer. I appreciate your time senator. The question from the reporter was will you commit to making sure theres a peaceful transferal of power after the election. Trump answers were going to have to see what happens, then continues to raise his unfounded fears on ballots. Your response. Erin, President Trump is not a dictator, and the American People will not allow him to be one. This man has no, no honesty, honor, values or faith in the american system. He doesnt deserve to be president. And hopefully he will learn his lesson. Chairman of the joint chiefs, general mark milley said in september he doesnt see the military playing a role if there is a dispute of the election outcome. Were talking about scenarios none of us can envision. This is all stuff we thought happened in distant american history. Yeah, of course. How do you see this playing out . Well, the way i see it playing out is the American People are wedded to democracy. We believe in democracy. And the kind of thing trump is talking about just will not happen. One way or another, there will be a peaceful transition of power, and President Trump will not get his wish. One thing i say to the American People vote, vote early, and the best way to is defeat him in a landslide and thats what i hope will happen. It certainly should given the kinds of things he said. Of course, this is happening around the context of a Supreme Court nomination, the most important in a generation. An unearthed video we found senator from 2016 shows professor Amy Coney Barrett at the time, now an Appeals Court judge obviously and current favorite to be the president Supreme Court pick. She is one of the appointments for the Supreme Court that could flip the balance of power. President obama was poised to choose a replacement for scalia. Here is what she said. Were talking about Justice School l scalia and replaced by someone who can dramatically flip the balance of power in the court. It not a lateral move. So senator, shes talking about a flag, raising a flag it seems on making an appointment like this in an Election Year. So you know, thats what would happen with her appointment. What do you say to that . Im not going to comment on any perspective nominee for judge before they are nominated. Let me say this about the issue. Mitch mcconnell defiled the senate. Hes about to destroy the senate because it was he who within a few hours after Justice Scalias death in february before Election Year said we ought to wade for an election. And now all of a sudden with only 40 days, 45 days before an election with people already casting their ballots he does 180 degree bout face . The American People are wise to it. This is going to hurt him. It going to hurt his party. It going to hurt the people who defend this total, total hypocrisy, which is the only word you can use to describe it. The bottom line is very simple. This court contest, erin, means a huge thing to average americans. It can determine their future health care. Whether the 130 million americans who have protections from Insurance Companies knocking them off for preexisting conditions will continue that protection by the tens of millions of Senior Citizens will get medicaid will get their prices increased. Whether millions of people will lose their insurance and in that case is before the Supreme Court two weeks after the election but there are other shieissues too. There are womens rights, the right to choose. Roe v wade could be undone. The American People know this. The American People know what mcconnell and his hard right friends are doing. They are trying to take over a court and have it do things that the American People apour. Im not going to ask you to opine on her possible selection because i know you wont do that but about the content of what she says here. Here shes talking about whether a president should be able to nominate a justice in an Election Year and here is what he said. Shouldnt be a surprise that the senate is willing to push a president s nominees through in an Election Year when they share the same political affiliation. The president has to power to nominate and the senate has the power to act or not and i dont think either one of them can claim there is a rule governing one way or the other. Again, im not going to comment an amy, erin. I know youre not going to comment on her but what about the point she makes . The president has the power to nominate and the senate has the power to act or not . Its the opposite of what was done in 2016 and it will mean that the republicans have not stolen one but two Supreme Court justices using abject power, no morality, no honor, no honesty. The American People wont stand for it. All the polling data shows the American People are wise to this and i believe this is going to make the stature of Mitch Mcconnell lower and i believe anyone that supports this kind of philosophy is not going to be wellregarded by the American People. One final question, have you talked to senator romney about his feelings on this and what he would do in a lame duck personally at all . No, i have not. All right. Senator, appreciate your time as always. Thank you for joining us. Thank you. Great to be on your show, as usual. Next, more on breaking news and live pictures out of washington and more people taking to the streets after the Breonna Taylor grand jury decision. Nts,. This ones for you. You inspired us to make your humira experience even better. With humira citratefree. It has the same effectiveness you know and trust, but we removed the citrate buffers, theres less liquid, and a thinner needle. With less pain immediately following injection. Ask your doctor about humira citratefree. And you can use your copay card to pay as little as 5 a month. Humira can lower your ability to fight infections. Serious and sometimes fatal infections,. Including tuberculosis, and cancers, including lymphoma, have happened,. As have blood, liver, and nervous system problems,. Serious allergic reactions, and new or worsening heart failure. 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Help from a team that will exceed your expectations. Were back with breaking news. A large protest in washington d. C. And other cities across the country after no officers were charged directly with the shooting death of Breonna Taylor in kentucky. Alex marquardt is in washington. So alex, as were starting to see crowds gather here, a darkness descending. What are you seeing where you are . Reporter thats right, erin. The Nations Capital now joining this growing list of American Cities where were seeing marchs in response to the news about the lack of direct charges in the killing of Breonna Taylor. This march, this peaceful march, i should emphasize has just arrived in front of the white house. They started, they made a number of symbolic stops starting at the department of justice and then heading, stopping again im going to lower my voice in respect for the crowd here and then making their way here to what is black lives matter plaza. Erin, our viewers so many people watching will remember that this was the site of so many protests over the summer in the wake of the killing of george floyd. That also of course was shut up. Its a moment of silence. Reporter this is black lives matter plaza. This is, erin, you remember the site that was cleared out so violently on june 1st as the president made his way across Lafayette Square for that photo op at st. Johns church. This is now once again the site of black lives matter protests in the wake of this news that there will be no charges against those three Police Officers in the killing of Breonna Taylor. Erin . And, you know, alex, is there a curfew or what is the neck st next step for the crowd as you understand . Reporter well, as i mentioned, it is a peaceful and very quiet march right now. I spoke with the mayors offi r officoffice office earlier. There was no expectation for large crowds tonight. This street, eighth street has been closed off but there is no curfew. So it remains to be seen where this march will go from here but it is peaceful and as the woman up there said, they will likely stay in the streets until they get justice. Erin . Thank you very much. Alex, appreciate it as we watch this across the country tonight. Thank you for joining us. Anderson starts now. Good evening. Were seeing calls for justice and relatively Peaceful Demonstrations at this moment in louisville where the curfew goes into effect one hour from now as thou authorities prepare for the possibility of fallout after a grand jurys decision to charge no one directly for the death of Breonna Taylor, the 26yearold emt killed by police in march. The one officer was charged for wanton endangerment has posted bond and been released from jail. As we look at these pictures of protests through the streets, well keep them up and go to Jason Carroll in lisll