this is cnn breaking news. >> a vote on the gop health care bill just hours away. this is cnn tonight, i'm don lemon, is it really different this time and do they have the

votes they need. plus, ten months after alton sterling is held to the grount and shot, no charges will be filed against the officers. they say they're not giving up on us. the fbi director insisted he dropped his clinton investigation bombshell before the election. >> my judgment was consistent with the way i have always operated and it was the right thing to do. >> how did director comey explain about the clinton investigation and the russian investigation. >> he said with the hillary clinton private e-mail server pro, it started a year before

the donald trump campaign russia probe, and that was part of it, and it was argue in the public, and the secretary acknowledging her server. he said it started out publicly and he waited three months in that case to acknowledge it, and he said it was different with the trump campaign. he said it was a classified count counter intelligence investigation. they were in the early stages of trying to figure out what was there. and he was not acknowledging any investigation of u.s. persons splarly when you ha particularly when you have a classification like this. but it is confusing about his answer because fast forward and he did then acknowledge it in front of congress as you wall

last month. >> and pamela, we have new reporting on president obama's former national security advisor and whether or not she will testify now. >> senator lindsey graham invited her to testify next week and she turned down that request. we were told nightly she would do it because she thought it was a bipartisan request, but after being notified by democrat senator white house that he did not agree about inviting her, she decided not to go ahead with it. she felt like it would just be a distraction from the main focus of russian interaction. there has been claimed that she

po l p publictiz made public unmasked natimes in the investigation. senator bloe eoe eor blumen you for being here. let's listen. >> honestly, it would not have changed the decision. everyone that disagrees with me has to come back to october 28th with me and stare at this and say would you speak or conceal, but we made a decision between those two choices that even in hindsight, and it is one of the world's most painful experiences, i would not conceal that. one of my junior lawyers said should you consider that what you're about to do may help elect donald trump president.

and i said thank you for raising that, not for a moment. down that path lies the death of the fbi as an independent institution. i can't consider for a second whose political fortunes will be affected in what way. we have to ask what is the right thing to do and do that. >> were you fisatisfied with hi answers? >> there is no question that decision made a difference in the election to do the statement that he made within days of the election, and it had an impact on the election and in my view he had more than just those two choices as he characterizes them. i think conceal or speak. but here is the real take away from today's hearing. there is no way that jim comey will have anything to do with the outcome of the current investigation into the trump

possible involvement in that election. that is an ongoing investigation. that will be a prosecution decision. there must be a special independent prosecutor to make that decision, because neither jim comey or the current deputy is about to make that decision. >> he cited attorney general loretta lynch's meeting on the tarmac. he felt the department of justice could not, by delirium tremens -- itself, end this. >> there is no question that it was regrettable the way it evolved. the impact it had on jim comey,

but someone else should have made that decision. now the lesson is a special independent prosecutor should be making the decision going forward about whether donald trump, a target of this investigation, or his foeshts were cocolluding or cooperates with rush that to affect this outcome. >> what is the classified information on former congress. >> huma abdeen made a habit of printing e-mails for her so she could deliver them to the secretary of state. >> are you worried about how

classified information was handled? >> i am, and there was errors in the handling of her private serv server, but going forward there needs to be a special prosecutor and a thorough row and prompt investigation that only a special prosecutor can do. >> they also said that he warned the obama administration and the dnc about possible hacking and meddling. >> they probably could have taken it mrs. seriously. hi -- more seriously. hindsight is always 20-20. eric, thank you for joining us. you heard what he said there. let's talk more about this.

senator blumenthal was adiment that a special prosecutor be added to the investigation. >> i don't see that as a likely scenario. the democrats will probably press that partly as a result of today's hearing. but i think you have someone that was just confirmed as the deputy -- he is seen as a fairly independent prosecutor who has been apointed by republican and democratic administrations. about as middle of the road as you're going to get for a political appointee. i don't see it gaining much traction. >> you think director comey did well today, why is that? >> he made his case for history.

he was not going to convince democrats that he did the right thing, but you saw him in a very emotional and animated tones. he presented himself as a man with no real options to conceal or reveal to congress the situation. he did have other options in the view of democrats, but he presented a somewhat persuasive case for the history books that this is why he did what he did. >> why director comey spoke out about candidate clinton but not candidate trump. what is the original sin? does it go back to bill clinton?

>> hillary herself has to bear a lot of the blame for starting the fiasco with the decision to the events leading up to the tarmac scene with loretta lynch and bill clinton. and it is one turn after another. in hient sight, if we're talking about a special prosecutor we could have used that a year ago. >> when we come back, more on the breaking news, could jimmy kimmel's emotional monologue impact the vote. >> no parent should ever have to decide if they can afford to save their child's life. ♪

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the house is going to vote in a matter of hours a repeal vote. as i'm reading the intro, he is already doing this, but just so he can stew.

is this the repeal that conservatives were looking for? >> i don't think it is. i think it is a compromise bill, and today we have seen this upton amendment that would add $8 billion toward the high risk pool which would fund people with pre-existing conditions in states that choose, or that request a waiver. this is a compromise that moderate republicans go to make it more paletteable. if it passes the house it will be a lot different before it becomes law. >> it is kind of like obama care, is it obama care light? is the special pool a

preconditions thing? >> yeah, i think the conservatives ran on the notion of pulling up obama care by the roots and having a perfect free market sin. that is a lot of money, and part of the thing was they were spending too much money on health care and now they added $8 billion. >> no, but the idea is the reason you have the option for states to apply for raifrs it you would allow them to suspend -- you could charge people more money. that is the danger. they would have to pay more money if their coverage lapses, but you do that so you have a high risk pool that has

pre-existing conditions so everybody else is in the main market where there is competition that would drive down premiums. >> why would a republican vote for this? >> i think but that is at least half of it. >> do you think this is just about a win? to me if you look at it, it is kind of obama care. it has not been scored. so they had to make compromised to get the freedom caucus on the far right. this is less coverage. most americans want pre-existing conditions covered. i used to be a lawyer. these high risk pools did not work well.

high premiums, no coverage at all. people will die. that is my fear. this is not politics -- >> do you think this is worse than obama care? >> we don't really know, they have not scored it, high risk pools have worked in some states. they have failed miserably in other states. there was an amendment too -- >> do you remember, because i was on the air the night that they passed obama care. i republican the criticism from conservative conservatives. nancy pelosi said you have to pass pass the bill to know

what's in it. they want to win. donald trump is desperate for a win. this will hurt the republicans so badly. they only need 24 house seats that gets them so much closer. >> that is a big debate for most americans when it comes to hsk and jimmy kimmel, we heard the story about his baby. >> there is a good chance you would never be able to get health insurance. you will were born with a p pre-existing condition. if your baby is going to die, and it doesn't have to, it should not matter how much money you make.

i think that is something whether you're a republican or democrat, you should not have to decide -- >> you think this wasn't the right move, i remember when you said it on the air, you came into the room and you said, everybody kind of beat you up saying what are you thinking? he is talking about his child, how much do you think it influenced the conversation? >> no doubt about it. jimmy kimmel's premise is wrong. as a father of two boys, it hurts me to see him go through what he is going through. i think emotion always trumped logic. i don't know if it will impact the vote, but it will impact the conversation. >> you don't think he should have done it is what you're saying? >> first of all i think that he

is clearly politicizing this horrible thing, but -- >> he said we should politicize it. >> it is not a republican issue, it should unite all americans and that's right. all americaning should be united and agree with him that republicans want to kill babies? >> matt, he did not say that. come on, be honest. >> i think it is very clear the context here. if you went back before 2014 kids could have dies and that is not true by the way. if republicans have their way, more kids will die, and the entire premise is flawed. first of all this bill doesn't do anything about pre-existing conditions. it allows states to request a

waiver that would affect -- >> if you're not jimmy kimmel, you can't afford to have the surgery, and the care that he has, your child would be in a life or death situation and no parent, child, or baby should be nut that situation. everyone deserves to have quality health care. >> preaca. children born with birth defects were not eligible if is a pre-existing condition. they didn't want to have

insurance. that is why the pre-existing conditions part is so important. that's why both sides support keeping it. >> and not only is he super rich and famous so it doesn't apply to him, but additionally he lives in california. i'm pretty sure california will not opt out of the current system. >> just because he is famous means he doesn't have a heart? i'm not sure why he took this very personal thing and tried to poe lit si politicize it. >> i don't understand how you heard him try to politicize it. >> you should agree with him -- >> he is saying take the politics out of it. he said whether you're a republican, democrat, or something else, we can agree on that. don't let partisan squabbles -- he is above it.

>> that would be like me saying look, whether you're republican or democrat, i don't care, i don't idaho do politics, but the right to life of the unborn baby. >> let me tell you why you're wrong. all of the people that you hear the congressmen and senators that they're hearing from back home, many of them are republicans and they're saying to their congressmen i want pre-existing conditions to stay. i don't care what it's called. it did you want matter the side of the aisle so the republicans that voted for donald trump says they want pre-existing conditions. >> so where does he bring it up? >> because he has a platform. maybe someone will listen to

him. maybe he can do it because he is humanizing it. he has a baby with a condition. if you can't relate to that -- >> i have two kids. i can relate. i think any father can appreciate the pain of president obama very famously said having a child is like having your heart living on the outside in this world. i get it but guess what? this is a public policy dispute. it's not about emotion. >> matt, you came on my show and you talked about your child, and you gave a good reason why you believed in something that would heb all children through your child and your experience. i would not accuse you poe lit sizing it. >> we should not make public policy decisions based on the story of one famous hollywood comedian. >> houm politicians use evidence

of someone i met on the campaign -- >> why are you continuing to attack jimmy kimmel for doing something that should be alauded. it was one of the rare nonpartisan things in a world that is so hyper partisan. i would just let it be and i don't know why you are continuing with this line attack. >> i should just agree that republicans want to kill babies. >> that's the implication. if you don't children will die, adults will die, i'm saying it pluntly. people will die. some americans, sadly, will die -- >> that's not politicizing

debates. it has not even goes to the senate, passed the house, there was an amendment to fund $8 million to fund the pools, it may or may not be a good idea, but you're saying the republicans want more kids to die. i think that is outrageous. >> matt, we both, this should not be political. it is not taxes or more regular rations. >> but if i say it is political, if you say it or jimmy kimmel says it is not -- >> you just should me at the beginning of it that half of it was they just wanted to win. >> i think part of it is republicans want to pass something. i want points on the score board. >> but it is that the right thing to do when you're talking about health care and life or death situations? >> i think additionally you have to have good policy, right?

>> is this good policy? >> i think it is getting better, but this thing, i don't even know. >> you think they should rush a vote tomorrow? >> no, i don't, but i also don't think republicans -- here is my point. >> i have to go, seriously, make your point, i have to go but you get the last one. >> have me back another time. >> you're never on. >> the last time matt is ever on, good seeing you, matt. thank you all, when we come back, the two officers involved in the shooting debt of alton sterling will not state federal charges. r employees. micromanage them. make sure they're producing. woo! employee of the month! you really shouldn't leave their side. vita coco coconut water, hydration comes naturally. then you're a couple. think of all you'll share... like snoring.

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federal prosecutors will not file charges against two police officers for the shooting death of a man. the incident happened in last july. two white officers shot alton sterling, a black man, while he was pinned to the ground. the decision is disappointing and he also says this.

>> we learned mu things today. we learned that one of the officers walked up to alton sterling and put a gun to his ahead and said "i'll kill you, bitch." you heard me correctly. we heard from them that the officer kept instigating this situation. >> joining me now is the attorney general. there is a terrible storm down there, we almost didn't get the shot up, we're glad that you can join us. it was a tough day for the family, how are you doing? >> they're doing better. they were very emotional, but as

the day has gone on, they have gotten better. i spoke to sandra, and she is doing better. >> we understand, and the weather has been terrible. why did they not bring charges against those two officers? >> did they say and are you satisfied with their reasoning? >> i understand the reasoning behind it. what they said was even though he took his gun and put it to alton's head, they said they had to look at the moments right split seconds right before the shooting, and based on those actions, not that it wasn't

jumped, but it didn't reach a civil rights valation. but i think they're clear that the attorney general should per sue this. i want to say that the prosecutor, the u.s. attorney said that the actions were reckless and if that is the case, we certainly have enough to pursue state criminal charges. >> the family learned of a new videotape, tell us about it. >> that is a videotape, one they mention mentioned comes directly as the officers come on the scene, and

you can hear what chris stewart said, i won't repeat the comments, but he said that and you can see some of the actions from when alton was shot in the back. the shots that you hear on camera, but you can't see, the new video is supposed to show that to everyone as well. >> can they tell about the way police handled this incident? >>. >> they did, to use their language, they were disturbed. i think one prosecutor used the term outrageous. still said it didn't rise to the level of a civil rights violation. but i will tell you they cave

the impression this wassing is that needed to be pursued further by the state attorney general. >> thank you, again our regards to the family. we appreciate you joining us. >> when we come back, our legal experts weigh in. did the justice department get it right or should the officers face federal charges? about a me. ...this is humira. this is humira helping to relieve my pain... ...and protect my joints from further damage. humira has been clinically studied for over 18 years. humira works by targeting and helping to... ...block a specific source... ...of inflammation that contributes to ra symptoms. it's proven to help relieve pain and... ...stop further joint damage in many adults. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened, as have blood, liver, and nervous system problems, serious allergic reactions,

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we just heard from the attorney for alton sterling's aunt speaking out about the officers not having charges pursued against them. mark, what do you make of the prosecutors decision, did they get it right? >> unfortunately, for alton's family, the cases is whether or not they can prove beyond a

reasonable doubt is the cops presumption of what was happening was not appropriate. basically they violated his civil rights because what was being proceeded at the time was not reasonable. my greater fear is that this is one step down the path about the letter they gave out to go hands off and that is very concerning. >> paige, you disagree, why is that? >> i i a prosecutor i know the exacting u.s. attorney in baton rouge, i'm sure he would have given it a go.

and in a case not involving officers, fans never get that dederks at the end of the day i think the justice department had the opportunity to take this case a step forward take it to trial. >> so what do proos cow tors have to prove specifically in this case and why didn't they have enough? >> they have to show there was an intentional violation of his constitutional rights. the police are there, they have a firearm, and they had to shoot him. it wasn't a mistake, not an

accident. he had to know, willfully commit this act that was a constitutional violation. that is why they're saying it's so difficult and i agree with that. >> we learned today that prosecutors had a video they didn't know about it at first. >> we learned some new things today. we know the officer walked up and put a gun to his head and said "i'll kill you, bitch." you heard me correctly. we heard that the officer kept instigating this situation. you heard me correctly. >> i think it is a decision for what the justice department

ultimately decided. when they say they have available of them escalating the situation, threatening him, even though we know at this time he didn't have a kun out, there is no discussion that he ever pulled a gun out of his pocket. you have an officer taunting him, and for the officers to conclude they could not prove intent. and although it is a high standard, i think the prosecutors took the decision out. and i'm very concerned about jeff sessions and his statements about backing and off and undermining what he called the moral of the police departments. and putting, what i think, jeopardizing the civil rights, particularly african-american men three times more likely to

be killed than white men. >> they say he was going for a gun. that's what they said, what do you think? >> i don't think anyone can look at that video and think he was subdued. i'm not going to comment on the other videos that supposedly exist, but but it is clear they rush them and tackle them to the ground and try to get them under control. the whole time he has a gun in his pocket. the officers are giving him orders, pleading for him to stop resisting, to stop reaching for the gun. he is going for the gun, and the

other officer uses lethal force. >> so you think he made the right dex. there is just no evidence that their guilty of those crimes. >> let me tell you something. i think they would agree. when you walk up to a situation, and say, i will kill you and use an expletive, that evidence is what you are thinking in your mind. when you have ill will, hatred, or dislike going into the situation. an officer is supposed to be professional and a deescalated situation. they say i'm going to kill you and what type of reaction do you think you will get? what type of reaction are you

asking to get when you're the one escalating. you should not have done it, not professional police behavior. put himself in a situation where maybe he had to shoot because of a situation that he put in motion. >> when he came back, this woman was arrested for laughing out lout in attorney general jeff sessions confirmation hearing. is that excessive? we'll discuss. ♪ hi, i'm frank. i take movantik for oic, opioid-induced constipation. had a bad back injury,

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now i'm in control of my ibs. nonprescription ibgard - calms the angry gut. i can't wait to hear what my experts think about this protester convicted for laughing in jeff session's confirmation hearing. and i want to get your reaction of this incident. watch this. >> jeff sessions' extensive record of treating all americans equally under the law is clear and with well documented. throughout his decades of public service -- >> so if you are listening really hard, you can hear a laugh, and about then, about a minute after that, and i just want to explain that, because it is really low, and the pink coat protester desiree foruse is now arrested for demonstrating on

capitol ground, and i want to explain to the panel. mark? >> well, i like to look at the the jury works with me, great, and if not, great. but if somebody in the halls of government is saying snag is not that obnoxious in the middle of a hearing where someone like attorney general sessions is having a comment made about him and she is dragged off an arrest and convicted of the charge. i am beyond befuddled and frustrate and it is an absurdity and demoralizing that this is what the krcriminal justice sysm has when we have yet talked about alton sterling's case here. >> we have a short time and i am trying to get everybody in. 61 er years old and she laughed because they were talking about his lis tri of treating americans equally, and sessions has a dicey history when it comes to after can americans.

>> and if you can think of anything that will quell someone's freedom of speech to protest, this is going to do and to arrest and indict this woman was ridiculous, and i hope this is not the legacy, and i hope it is not what we are going to be seeing under jeff sessions, and what we all fear with him in the attorney general's office. >> page? >> well, i do think that she became disruptive but not until she was arrested, so they caused the problem that led to the u ultimate indictment and the perhaps conviction, but i agree with everyone else so far that it is ridiculous that we are spending resources on prosecuting someone like this when we don't have the courage the go forward in a case like alton sterling. >> jeff? >> i thought that maybe she was on a united airlines flight when they drug her out of there. and i was a state lawmaker, and you have to maintain the decorum in the legislative hearings and you have to disrupt and she is not doing anything disruptive. >> and the first amendment is the first amendment for a

reason. >> and she is in the back of the room, too, and we should note that she is in the back and we could barely hear her or see any heads turn to suggest that they heard her and to suggest that she was disruptive is ridiculous. >> and two years in prison, mark? >> it is absurd. it is a political prosecution that is a very fearful step we are taking like ariva said, if this is the legacy, we are in trouble. >> and can anything happen from here, and can the charges be dropped? what can happen? >> well, don, there is a sentencing hear ing thing that g to be taking place in june and she is facing two misdemeanor counts and so it is one year for one and one yearer for another and i cannot imagine that she is going to actually get jail time even though she has been convict and that is a fine case and maybeb probation which is the most reasonable outcome. >> and maybe the d.o.j. can step up to make a recommendation that nothing happens in this case. that would be the right thing to do. >> thank you, everyone. that is it for us tonight, and we will see you right back here

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[ laughing ] show me the billboard music awards. show me top artist. show me the top hot 100 artist. they give awards for being hot and 100 years old? we'll take 2! [ laughing ] xfinity x1 gives you exclusive access to the best of the billboard music awards just by using your voice. the billboard music awards. sunday, may 21st eight seven central only on abc. good evening and thank you for joining us. we are live from washington and we begin with breaking news a. vote has been scheduled on a repeal and replace obamacare and phil mattingly has the latest. how did we get here? >> well, it is a turnaround around the leaders had turn into a brick wall on the progress of wh