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tv   CNN Tonight With Don Lemon  CNN  April 26, 2021 8:00pm-9:00pm PDT

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my cholesterol is borderline. so i take garlique to help maintain healthy cholesterol safely and naturally. and it's odor free. i'm taking charge of my cholesterol with garlique. attorneys for the family of andrew brown jr. calling his death at the hands of law enforcement an execution. they say they were shown just 20 seconds of body camera footage. multiple sheriff's deputies were on the scene. where's the rest of the video? also tonight, president joe biden about to announce new guidance on masks ahead of his first address to a joint session of congress this week. i want to bring in now cnn's brian todd who lives in north carolina -- excuse me, he's live there. pardon me for my error there. we're still waiting for the body
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camera footage. we've obtained this exclusive video from the aftermath of the shooting. what does it show? >> well, this is video we obtained from a neighbor who lives across the street from andrew brown's house. this neighbor filmed what is essentially the media aftermath of the shooting. you do not see the actual video. what you do see is andrew brown's car crashed on a tree across a grassy area and across roanoke avenue from where his house is. he tried to get away as his lawyers have acknowledged. they say he was trying to evade the sheriff's deputies who were there and they made concerted efforts so he wouldn't harm them. he did crash his car against a tree only other side of the street. there is a white house that you see in the frame just to the right of where his car is. that house got a bullet hole in it from the firing. we talked to the gentleman who owns the house. he said it came straight through his front wall and handled in his house. investigators came and retrieved
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the bullet. what you do see is the immediate aftermath of the shooting. we got some additional details from one of the brown family attorneys, chantel, who viewed that 20 seconds of body cam footage. as bad as that was, she gave us some pretty jarring detail of what that showed. she said when that 20 seconds begins, the shooting is already going on. so according to the brown family attorneys, they believe the shooting starts before that video clip even comes. on i asked her how many deputies were surrounding the car and shooting at it. she said at least six or seven. so you're getting the impression there were multiple shots fired. they say that andrew brown made a concerted effort to avoid harming anybody. he was trying to get away. he had his hands on the wheel, they said, when the deputies kept firing. >> he managed to get ahold of his death certificate today. what can you tell us about it? >> reporter: it's again a jarring piece of information,
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don. it says, when it says manner of death or cause of death, it says single penetrating wound of the head. it says that he died within minutes of receiving that wound and it was at the hands. others. it is not a lot that it says on there but it does give detail. and that's the kifbld detail that we're craving. none of us have been allowed to see the body cam footage. we're not getting a lot of greet the sheriff's deputies or the county attorney. the brown family attorney is putting that burden almost squarely on the shoulders of the county attorney. michael cox. saying that he was just not giving them the answers they want. they wanted. he did not give them an adequate explanation in their view of why he couldn't show them more than 20 seconds of this footage. and we have tried to get ahold of him and his office in response to the criticism and he hand gotten back to us yet. so michael cox shouldering the blame for the lack of transparency here in elizabeth city. >> on the story for us live in
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elizabeth city, north carolina. thank you very much, form, brian. i appreciate it. joining me, a member of the elizabeth city, north carolina city council. councilman horton, i appreciate you joining us. your county sheriff says he is following through on his commitment for transparency and accountability in this case. it has been five days since the shooting and only 20 seconds of body camera video have been shown to the family. what's going on here, sir? >> thank you so much for giving us the opportunity to come. i wish i could accurately answer that question. simply, we have a mess, we have a city that's full of outraged citizens. people who have. unanswered questions. while we would like to pain a picture will get better and better, in terms of transparency and accountability, it seems like it is only getting worse,
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worse and worse. >> the sheriff says that the entire incident was over in less than 30 seconds. do you believe that? >> absolutely not. the county attorney to release 20 seconds of the incident first and foremost when the officers arrived, even if the shooting perhaps, or if i could use the word execution, was only 30 seconds. the incident was much longer. and the family is in desperate need of answers, and more. 20 seconds and to wait and be given time after time and promises not being fulfilled. for a 20-second clip, certainly this family is probably more hurt now than they were this morning. >> do you think the sheriff's department is trying to hide
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something? >> honestly, from my standpoint, absolutely. it is sad to say in 2020, 2021, that we would even think like that. here it is, five days later. the lack of transparency for the brown family attorney to be told that the family would be able to come view this video and then at a certain time, and then an hour before they were informed that they were not going to be able to do it because of video, things of the video needed to be retracted. and so you have this family that's already grieving. they're already hurt. they're already confused. and now you know, a 20-second clip which really hasn't provided any answers for this family. and just the way this matter has been handled by the county sheriff, and the county attorney general would lead one to really
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think that hey, something is going on here. one thing about the video, the video is the video. it is not going to change unless they change it. so why not show the whole, it would make anyone think, and i heard one of the attorneys say that they, the county attorney said that he chose to show the 20 seconds because he believed that was what they were looking to see. but he can't speak for that family. so to answer your question, yes, it paints a very, very sad picture. >> do you think there's anything in the video that we don't see before the 20 seconds that would exonerate the officers in this case? that they're holding possibly for the investigation? because, in these cases, one has to be careful. we can't get too ahead of
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ourselves. the attorney did say from what she saw, he had his hands on the wheel and it didn't feel like he was trying to harm anyone except for backing out away from the officers. do you think there's anything before the 20 seconds that we saw that could lead up to this shooting? or possibly cause it? >> well, definitely cause it. you know. from what the, i gained from the press conference today, that it seems as if this clip starts when the shooting starts. so yes, there was something that happened beforehand. however, i do not believe to answer your first question there was anything in the beginning that would exonerate or clear these officers for any wrongdoing. there is been calls across the length and breadth for the county sheriff to release this video. now if there was a chance that they could have put it out there to rest persons' minds and to
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tell the truth about the situation. i believe if there was something up there, they would have certainly released that today to help change the at misfear and they didn't do that. that leads mae to believe that what was not released is more incriminating than what was released on their behalf. >> thank you. we appreciate your time. thank you so much. i appreciate it. >> have a wonderful night. >> i want to bring up the president and co-founder of the center for policing equity. thank you. good to see you. i told you i would have you back and here you are. let's talk about transparency. why do we not have a standard process for what to do with these body cams or videos when there is a police involved shooting? >> so there's two answers to that question. the first one is, they've got 18,000 police departments across the united states. 75% of which are 25 or fewer
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officers. we just have so many and all of them are making up their own rules. there is no federal lever to say you must all handle body cam footage one way. so there is a bureaucratic answer to that question. the other reason is that we have not had communities rise up and say, you don't give us this footage of the stuff that we're paying for or you won't have jobs no more. we have not insisted this right to transparency has been there in every community. and i think we're starting to see something different. in elizabeth city, there is an ongoing investigation. we've had body-worn footage out immediately after several shootings because the chief said they could. the chief decided, we're going to do this. you want to sue me, go ahead and sue me but transparency and trust is more important. it can be done. >> let me ask you, at the top of the show, chris and i were talking. about whether it is happening
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more or if we're seeing more of it. and there is no way, there's no answer to that question. no good answer tom question because there isn't a stand dart reporting around the country. it seems like every day we're hearing about another black person killed at the hands of police. it is hard to keep up. is it getting worse or are we just hearing about more of the shooting? >> yeah. we don't have perfect data but we're starting to get decent data. it is an embarrassment that we still don't have federal data collection that could answer the question but the "washington post" is on the case. for the last five years, it is about 1,000 people killed by policer year. the racial disparities are about the same. it is almost certainly better now than it was 20, 30 years ago based on all the estimates of all the estimates on this stuff. so that's better in the long course of things but we're not anywhere near good enough.
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that said, the outrage we're seeing over the past year, that's almost because if it is a thousand a year, even in the midst of a pandemic. even given that, we are seeing more of it. and it is a lot less like what we read about in the payment. the officers' account and a lot more like what black communities have been screaming and hollering about. >> the facts in all of these cases are different. but many people, speaking to what you said, many people question why someone wouldn't comply. you should just comply. just the sheer volume of killings of black people explain why many fear for their lives when confronted by police? >> sure. that's one way you could explain it. could you look at the video of orlando castillo who was saying, i'm doing exactly what you tell me to do and i fear for my life. i'm not doing anything sudden.
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he was given contradictory instructions. reach in your wallet and put out your hands. people are afraid for their lives and act on it that some folks in this country want to blame them for that. this is the conversation that we were having and then we had to go last time. i wish we could have the conversation about all the ways we fail people before their lives are captured, ending on body worn cameras. that has to be part of the conversation, too. the question of just compliance, there are enough people who have been come, who have comed my and then been shot. i'm thinking of the social worker who was on the ground. while he was prone and his hands were above his head, they shot him anyway. when he asked the officier, the officer said, i don't know. there's no way to prevent it in a system that treats black lives so casually. so yeah. better to comply.
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i would, like my god kids, my friends, please do comply. it maybe reduces the risk but spn isn't that a little beside the point? >> we'll continue to highlight these issues and we'll continue to have you on. thank you. i appreciate it. >> thanks. so america is in the middle of a racial reckoning right now. the african-american community stood up. you always have my back and i'll have yours. in black) ♪ ♪ ♪ the bowls are back. apwhen we started carvana,s althey told us. that selling cars 100% online wouldn't work. but we went to work. building an experience that lets you shop over 17,000 cars from home. creating a coast to coast network to deliver your car as soon as tomorrow.
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so the first 2020 census results are in and overall it shows a net gain for congressional seats and states that trump won and a net loss for states biden won. texas is gaining two seats. colorado, florida, oregon are gaining one.
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california, illinois, michigan, ohio, pennsylvania, west virginia, losing one. let's bring in now cnn political writer and analyst. gentlemen, thank you. good evening. good to see both of you. let's talk about this. overall, red states are gaining while blue states are losing. what does the census mean not just for 2022 but for the presidential race come 2024? >> i think the best way you can gauge this is by taking the 2020 results and applying them to different censuses, essentially, applying the reapportionment. what we generally see is exactly what you point out. that the red states gained. if you were to redo the 2020 election under the new lines, you would see that biden's win of 306 would drop to 303. what i think is so interesting, is this is a decades long trends
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whereby populations are moving from the blue states to the red states. if you applied the 2020 results back three censuses ago, biden's electoral vote margin would be 310. we've continually seen that dropping as the populations have been moving from the blue states in the northeast and in the rust belt into the southwest and the south. >> so are you saying that democrats are moving to red states? won't that affect the way the red states vote in some way? >> it could. we'll give different understandings of how they are moving about. no doubt we've seen some movement toward the democrats. a state like texas. that's a state even donald trump won. he won by a smaller margin than in 2016 and a smaller margin than mitt romney did in 2012. it is also the case that some people living in blue states moving into red states are republicans. policemen of people moved from california and moved into texas or montana.
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>> and moved from new york to florida. >> of course. >> the census bureau is saying that new york lost a seat by a margin of 89 people. can you believe that? it just shows that you every vote counts and how important the census is. >> absolutely. this is the kind of core of what we talk about when we think about democracy protection. we think, when we think about redistricting. this is the kind of baseline that these states are using. i think it is important for us to not just use the red state and blue state. we know that the state legislatures will be drawing these maps and that will throw a wrench into it. take new york who will lose. they can very well draw the maps in the way that squeezes out a republican seat from that state and is a net gain for democrats. the same can be true in other states. we don't exactly know how this will fall in terms of reds and blues. we have to see what the state legislatures will draw in terms
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of maps. we know the blind for political power, the baseline is really in that census and even some of the states that were expecting bigger gains, this is an impact on the latino voters. we saw them demeaning that over the last year and a half. it could have cost them a congressional seat when they were expecting to gain even more. >> harry, we're at such a pivotal moment in this country when it comes to race. you point out this is why biden supporters voted for him. >> yeah. if we talk about race relations, look at the general election, right? and look at those who said it was very important to their vote. they voted overwhelmingly for joe biden. a 50-point margin, according to a kaiser family foundations poll. and what about uniting the
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country? that was something that joe biden spoke a lot about. healing the wounds of this country. what do you see there? the voters who said that race relations, uniting the country was the most important quality. look at this margin that joe biden got over donald trump. 51 point. so they want to see if they can bring the country together especially on race relations. >> yeah. and he's just doing it as best he can and not paying attention to the noise. especially the noise from cable news. and listen, wasn't just the general election. you found the democratic voters in the primary put biden ahead of his opponents on these issues. >> remember we were coming out of new hampshire and nevada and joe biden hadn't won a single contest yet. you remember that. we went down to south carolina, right? and the first, that was the first primary in which
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african-americans had a heavy say what was going on. if you look at the primaries and those who said that race relations was the number one issue for them. look at this. joe biden had a 34-point margin over his nearest primary opponent in all those states. and uniting the country, again in the primary. what do you see? them that was the most important quality. a 46-point margin. the reason joe biden won the primary was because of black voters and voters who really wanted him to address the issues of race relations and uniting the country. >> i went down there and went to a postgame place and spoke to him and interviewed him. and we saw it. the people there loved him. and he said this connection especially with black voters and then you saw what transpired
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after that. emwe can't stop here after the verdict of derek chauvin. the murder trial. he is not shying away from confronting racial injustice head on. does he see this as his opportunity to get real change? >> i think so. i think you see the gbl laid out. it tries to address these in a lot of areas. not just criminal justice but, they see it as part of racial equity. they talk about the covid relief packages that disproportionately affected black communities. they see that as racial equity. we see democratic party that has shifted from a rhetoric about lifting all boats to look at targeted ways to combat systemic racism. i think that will be a clear
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driver for it. are they going to run into that senate will filibuster? will they run into the congressional holes that have stymied big change for years and years and. there will be accomplishments to point to if they want to do. they have to deal with that question. it is the rhett brick racial equity comes up against those senate barriers that have stymied his pretty he is thor. obama obama is a core part of this. >> all right. thank you. it was all during a traffic stop and he sued. derek thompson tells his story, next. isn't that the dog's towel? hey, me towel su towel.
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so i'm sure you remember the story. it was reported, a lot of reporting on it. a virginia state trooper. now he's reportedly out of a job months after a video went viral showing him harassing, violently removing a black man from his car. this was back in 2019. here it is. >> you can't do that. >> this officer is trying to unlock my car. this officer is unlocking my car. they just illegally entered my car. and i'm being forcefully removed. >> buddy! my last nerve. >> all right. >> you're going to get your ass
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whooped in front of lord and all creation. i'm going to give you one more chance. you can bring that with you. i'll let you film the whole thing. >> i'm not doing anything. my hands are up. one hand on the steering wheel. as long as your hands are up. i'm not resisting. i was unhauflly -- sir, please do not touch me. please do not touch me. >> that's where we're coming to a disagreement. i'm giving you to the count of three. >> sir. i'm not touching this officer. it is on camera. my hand is by my head. i'm being threatened. >> you're under arrest. >> disobeying an officer. i'm giving you to the count of three. >> this officer has threatened me. i am no threat to this officer. i've been threatened. my life is in danger. my life is in danger.
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>> put your hands --! >> i'm joined now by the man you see. in video, thank you both for joining me. so derek, tell all our viewers, full transparency. you settle for the federal lawsuit. $20,000. no admission of wrongdoing by the state. you started recording before that trooper opened the car door. why did you decide to record this traffic stop? >> i mean, my first instinct recording that encounter was, worst case scenario, i don't want to be that one story that
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is untold. you just hear about it and that's it. we don't actually get to see or get to dig a little deep entire what happened that day. aside from my case, there are hundred of cases like these that happen where that victim didn't have the thought, especially given the panic they had or anything they're going through, to even decide. let me document this. let me get some type of proof that something is happening. i feel like by the grace of god, i got pretty lucky. i knew what i had to do at that point. whether it went smoothly or not, i needed some cycle of accountability. >> i wonder if you knew why they were stopping you. according to the lawsuit, they said that charles hewitt, the officer involved, arrived ten minutes into the stop. you were stopped for having expired tags and then police believed they smelled marijuana and they wanted to search your car. but there were no drugs found in the vehicle.
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>> none. not on person or the vehicle. no drugs, period. >> you were very calm. in video. many people are not as calm. what was going through your mind when you hear the officer saying, you're going to get whooped and plays to the camera saying, watch the show, folks. what were you thinking? >> there was not too much thinking going on at that point. adrenaline kicks in at that point. you feel like it is a life and death situation. it is kind of hard to have a steady train of thought and i can't really say i had a steady train of thought as far as just knowing, this is a situation where i can potentially lose my life after this. and that's a scary position for anybody to be put in. you asked for a lawyer. you didn't, why didn't you get
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out? why did you passively resist and not consent to a vehicle search? >> given the day that it was, 4/20, i'm no idiot. i know what they're looking for on a day like that. it is a little turned up. we'll go searching for this on 4/20. for that to be that number one go-to thing. all right. he's not showing any signs, any other signs that there might be criminal activity going on but let's roll the dice. there's marijuana in the car and i know that is a common tactic especially for fairfax county police to use. on a day like that, it's a slap in the face. are you going to pull over on 4/20, there was no smell,
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nothing. where did that come from? >> just an easy go-to to say the reason we did what we did is we smelled marijuana in the car. i see you shaking your head with that. do you believe that's so? >> i do, i do. and you know, it's worth noting that since then, virginia has outhaud those sort of pretextture stops. but then they were illegal. >> they had nothing beyond what they provided publicly and to the media. we've attempted to reach the trooper for comment but we haven't heard back. it is your understanding that he was fired for cause in february. what do you know? >> sure. our understanding is that the trooper was fired in february. our understanding is that it was for cause.
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and our understanding is that, well, let me put it this way. trooper hewitt was not terminate as part of our settlement. the termination was done months before, at least before it even began. but derick wouldn't have settled this case if trooper hewitt was still on the roads. he had two goals. one was to get some just compensation. and the other was to make the streets a bit safer by getting this guy off the road. and the case was a lot simpler when he was not on the road anymore. >>er did dick plead guilty to wruks of justice. >> -- to obstruction of justice. >> my understanding is the obstruction of justice charge was, he took guilty plea on the
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obstruction of justice charge for the other charges to be drop. i was not involved at that point. people take guilty pleas for lots of reasons. not the least of which being how onerous the court process can be even if you don't think you've done anything wrong. >> it was a legal question. i wanted to understand why. >> he answered it well enough. >> good enough. thank you both for appearing here. be well and be safe. >> thank you for having us. it all started with a friend-year-old cheerleader randaling on snap chat and now it's going to the supreme court. the free speech case that will affect tens of millions of students. that's next. a continuous glucose monitor, you can check your glucose
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all right. parents, students, got to pay attention. a high school cheerleader's rant heading all the way to the supreme court. brandy levi was angry that she didn't make the varsity squad so she posted f softball, f cheer, f everything. she wrote it on snap chat back in 2017. well, she was suspended for the squad for her post but this week
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the supreme court will weigh in. their decision could have ramifications for millions of public school students. joining me now is a former u.s. attorney, harriet litman. what a case. good evening to you. let's talk about this. brandy is a cheerleader. she represents the school. but she was not in school at the time. she wasn't using school property or naming any specific students or employees. so where is the line? >> it's a saturday. she's in a mini mart. she does it on snap chat which as you know, disappears and is designed to disappear. and she does, you know, language that, rant might be an exaggeration. i've got teenage kids. it is something you hear every day. but where is the line is the question. she's now in college. this isn't about her anymore although she's doing it for
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principle. the question is what will it mean going forward? the court below said she was okay. she was protected. the supreme court has now taken the case. they are not going to say that school districts can always discipline students. but they're going to use some words. we don't know what those words are but those words will influence the lives of high school students for the next 20 years as lower courts try to apply them. because what they're going to say is, look, there are sometimes, and they're right. that words can matter. you don't want kids bullying or maybe making certain threats or disrupting the school. but we know that she didn't disrupt at all. the school admitted that. the court will say some things and then probably return it to the court below. if they draw a clear line, the courts below will know what to do. if they draw a not so clear line or kind of a strict line, high school students, people being
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born today, will have to suffer with it. it is a real illustration of the role that the u.s. supreme court plays in american life. >> okay. harry, so look, i don't think anybody would recommend that a student use that kind of language. but where, is it different when it's posted online? this is back talk. imagine if she had gone and said, you know what? brandy, you didn't make the thing and she goes, fu guys. and she stomps off. what's the difference? >> she goes running through the hall and doing it. now we're on a different line. now we're on a line where school authorities to have worry about discipline in school or what it says. that's not really what it was. and she was saying it. remember snap chat is designed to disappear and you have your little coatory of friends. 250. by the way is one of them turned out to be the daughter of a
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cheer leading coach. brought to it her mom. the other cheerleaders. it was a little bit of a mean girls sub plot. i don't think it was that serious, what she did. i don't think they'll think it is so serious but they'll define the ability of a school to go to a certain length and how they define it is going to apply to all kinds of cases. we can't imagine now. >> i can't believe that they narked her out like that. with friends like that, who needs enemies? if you're planning a summer vacation, you might have a lot more options soon. new guidance is coming out about who can do what where. stay with us. who invented car vending machines and buying a car 100% online. now we've created a brand-new way for you to sell your car. whether it's a year old or a few years old. we wanna buy your car. so go to carvana and enter your license plate answer a few questions.
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president joe biden set to make a big announcement, tomorrow, about what vaccinated people can do this summer. cnn's nick watt has more. >> reporter: tomorrow, the president expected to announce major tweaks to the covid-19 guidance on who can do what, and where. >> certainly, what one can do, outdoors, vis-a-vis masks is going to be one of those recommendations. >> reporter: allowing the vaccinated to go maskless, outside, might be an incentive to get the vaccine. >> because people who have been vaccinated have wanted some reward from this. >> reporter: closing in on one-third of the u.s. population is, now, fully vaccinated.
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still, far from herd immunity. but apparently, normality is nearer than that. >> you will reach a point, even before then, where you'll start to see the number of cases going down, dramatically. it's going to be a gradual getting. with regard to what you can do outdoors, what you can do travel, outdoor sports, stadiums, theaters, restaurants. >> reporter: even european vacations could be okay, this summer, for the vaccinated. >> they are saying those americans are safe to come to our country, without risk of spreading covid-19. think about that. that's incredible. >> reporter: but the pace of vaccination here is, now, slowing. >> it might not be as fast as the first 50%. i think that it's going to be slower. but i think we're going to continue to get there. >> reporter: average daily, new covid-19 cases in the u.s., just dropped below 60,000 for the first time, in about a month. >> right now, the declines that we are seeing, we can take to the bank. i think, we can feel more
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assured, because they are being driven by vaccinations and greater levels of population-wide immunity. >> reporter: but in india, crisis mode. the u.s. now sending equipment, drugs, advisers, and pending safety review, will release doses from its stockpile of astrazeneca vaccine, unauthorized in this country, and apparently not needed. still, unknown which countries they would go to. >> we really do have a responsibility to try and help vaccinate the recolst of the wo and that includes india and other places that need it right now. >> reporter: nick watt, cnn, los angeles. >> until we hear from the president, continue to wear these. a mask. until we hear otherwise. thanks for watching. our coverage continues. ♪ (ac/dc: back in black) ♪ ♪ ♪ the bowls are back. applebee's irresist-a-bowls all just $8.99. i need a lawn. quick.
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the fast way to bring it up to speed... is scotts turf builder rapid grass. it grows two times faster than seed alone for full, green grass. everything else just seems... slow. it's lawn season. let's get to the yard. biden: when i think about climate change, the word i think of is jobs. vo: and these aren't just the jobs of tomorrow. they're the jobs of right now. good paying jobs to modernize our infrastructure. in manufacturing. construction. engineering. they're in our cities... in our suburbs... and our small towns... we take on climate change... and we build back better with clean energy jobs. biden: so let's waste any more time, let's get to work.
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and that ending was so intense. i know, i didn't even see it coming. are you gonna watch? eventually! you know the drill. (humming) never fear, girl-who-has-yet-to-watch-her- friends-favorite-shows -and-films-of-the-year, it's time to celebrate the biggest week in television. now you can see these shows. and their unforgettable moments, for free.
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i'm taking charge of my cholesterol with garlique. and good evening. the live pictures of protests in elizabeth city, north carolina, tell the story. if authorities there want to establish transparency and accountability, in the wake of the fatal shooting of andrew brown jr. by local sheriff's deputies last week, they seem to be coming up short, so far. if on the other hand, they intend to increase suspicion surrounding the incident, fuel anger, and raise tensions, they succeeded today. according to family attorneys, as many as eight body cams may have captured the shooting, which happened as deputies were serving an arrest warrant on brown. however, today, the family was only shown 20 seconds of footage from a single-body camera. what's more, they say, even that brief clip was enough to demonstrate that he posed no threat when he was shot and killed, according to family members. >> let's be clear. this was a

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