PBS NewsHour; Thursday, June 23, 2022, 3:00pm-4:00pm PDT

♪ JUDY: GOOD EVENING. I'M JUDY WOODRUFF. ON THE NEWSHOUR TONIGHT, EXPANDING GUN RIGHTS. THE SUPREME COURT STRIKES DOWN A NEW YORK LAW THAT RESTRICTED WHO COULD CARRY A GUN OUTSIDE THE HOME. A DECISION THAT WILL HAVE RIPPLE EFFECTS ACROSS THE NATIO AND THE HEARINGS, DAY FIVE. THE CONGRESSIONAL JANUARY 6 COMMITTEE EXPLAINS HOW FORMER PRESIDENT TRUMP TRIED TO USE THE JUSTICE DEPARTMENT TO OVERTURN THE 2020 ELECTION AND WHAT STOPPED HIM FROM SUCCEEDING. >> DID THE DEPARTMENT INSERT ITSELF INTO THE POLITICAL PROCESS THIS WAY I THINK WOULD'VE HAD GRAVE CONSEQUENCES FOR THE COUNTRY AND MAY VERY WELL HAVE SPIRALED US INTO A CONSTITUTIONAL CRISIS. JUDY: AND 50 YEARS LATER ON THE

ANNIVERSARY OF THE LANDMARK TITLE IX LAW, THE BIDEN ADMINISTRATION PROPOSES EXPANDING PROTECTIONS FOR LGBTQ STUDENTS. ALL THAT AND MORE ON TONIGHT'S PBS P"NESHOUR." MAJOR FUNDING FOR THE PBS HAS BEEN PROVIDED BY -- >> FIDELITY DEDICATED ADVISORS ARE HERE TO HELP YOU CREATE A WEALTH PLAN. PLANNING FOCUSED ON TOMORROW WHILE YOU FOCUS ON TODAY. THAT IS THE PLANNING EFFECT FROM FIDELITY. >> THE KENDEDA FUND, COMMITTED TO RESTORATIVE JUSTICE AND MEANINGFUL WORK THROUGH INVESTMENTS IN TRANSFORMATIVE LEADERS AND IDEAS. MORE AT KENDEDA FUND.ORG.

CARNEGIE CORE NOR -- CARNEGIE CORPORATION OF NEW YORK. SUPPORTING INNOVATIONS IN EDUCATION AND THE ADVANCEMENT OF INTERNATIONAL PEACE AND SECURITY. AT CARNEGIE.ORG. AND WITH THE ONGOING SUPPORT OF THESE INDIVIDUALS AND INSTITUTIONS. ♪ ♪ ♪ >> THIS PROGRAM WAS MADE POSSIBLE BY THE CORPORATION FOR PUBLIC BROADCASTING AND BY CONTRIBUTIONS TO YOUR PBS STATION FROM VIEWERS LIKE YOU. THANK YOU. JUDY: THE U.S. SUPREME COURT TODAY STRUCK DOWN A NEW YORK LAW THAT PLACED RESTRICTIONS ON WHO CAN CARRY A GUN.

IN SO DOING, THE COURT EXPANDED THE CONSTITUTIONAL RIGHT TO CARRY A GUN OUTSIDE THE HOME. THE RULING HAS FAR-REACHING IMPLICATIONS ACROSS THE COUNTRY AND AS JOHN YANG REPORTS, IT COMES AS RECENT MASS SHOOTINGS HAVE RENEWED THE DEBATE OVER GUN SAFETY MEASURES. REPORTER: CRITICISM OF THE RULING CAME QUICKLY FROM PRESIDENT BIDEN. >> I THINK IT IA BAD DECISION. I THINK IT IS NOT REASONED ACCURATELY AND I AM DISAPPOINTED. REPORTER: FROM THE NEW YORK GOVERNOR. >> THIS IS NOT JUST RECKLESS BUT REPREHENSIBLE AND IS NOT WHAT NEW YORKERS WANT. REPORTER: BUT GUN ACTIVISTS LIKE TOM KANE PRAISED THEECISION. >> WE ARE NOT THE PROBLEM. THE PROBLEM IS THE CRIMINALS IN THE STATE AND THE POLITICIANS HAVE TO LEARN THAT AND THEY HAVE TO GET O THEIR BUTT TO DO SOMETHING TO SOLVE THE CRIME PROBLEM IN NEW YORK STATE AND

NOT THE GUN PROBLEM. IT WOULD NOT BE A GUN PROBLEM IF IT WERE NOT FOR THE CRIME. REPORTER: THE JUSTICES SPLIT ALONG IDEOLOGICAL LINES. THE DECISION TURNED ON THE NEW YORK LAW'S REQUIREMENT THAT GUN OWNERS DEMONSTRATE A SPECIAL NEED TO GET A PERMIT TO CARRY THE WEAPON IN PUBLIC. JUSTICE CLARENCE THOMAS WROTE THE MAJORITY OPINION. WE KNOW OF NO OTHER CONSTITUTIONAL RIGHT THAT IN INDIVIDUAL CAN EXERCISE AFTER DEMONSTRATING A SPECIAL NEED. THE COURT SAYS STATES CAN STILL BAN GUNS IN PLACES LIKE SCHOOLS AND GOVERNMENT BUILDINGS AND RESTRICT CARRYING A HUM GUN ACED ON -- A HANDGUN BASED ON BACKGROUND CHECKS. IN ADDITION THE COURT ESTABLISHED A NEW TEST FOR DETERMINING WHETHER GUN LEGISLATION IS CONSTITUTIONAL. OUR SHOW COIL, THE WASHINGTON CORRESPONDENT FOR THE LAW JOURNAL. >> THE COURT SAYS GOING FORWARD WHAT IS MOST IMPORTANT IS HISTORY, HISTORY UNDER THE

CONSTITUTION AND SURROUNDING THE SECOND AMENDMENT. GOVERNMENT WILL HAVE TO SHOW THAT THE REGULATION THAT THEY WANT TO ENACT HAVE ENACTED IS CONSISTENT WITH THE HORSE -- HISTORICAL TRADITION OF THE REGULATION OF FIREARMS. REPORTER: DISSENTING JUSTICE STEPHEN BREYER NOTED THE NEARLY 300 MASS SHOOTINGS REPORTED SO FAR THIS YEAR. WHEN COURTS INTERPRET THE SECOND AMENDMENT, IT IS CONSTITUTIONALLY PROPER AND IN -- AND INDEED OFTEN NECESSARY FOR THEM TO CONSIDER THE SERIOUS DANGERS AND CONSEQUENCES OF GUN VIOLENCE THAT LEAD STATES TO REGULATE FIREARMS. >> THE JUSTICE'S CONCERN WHAT THAT TEST IS HISTORY DOES NOT ALWAYS PROVIDE AN ANSWER TO THE MODERN PROBLEMS THAT GOVERNMENTS FACE AND THAT TECHNOLOGY PRESENTS. REPORTER: THE RULING TAKES ON GREATER SIGNIFICANCE AS MASSACRES IN UVALDE, TEXAS AND

BUFFALO AND HEIGHTENED WORRIES ABOUT BIG-CITY VIOLENCE HAVE RENEWED CALLS FOR STRICTER GUN LAWS. EVEN AS THE COURT ISSUED ITS DECISION, THE CONGRESS -- THE SENATE WORKED ON BIPARTISAN LEGISLATION. >> THE AMERICAN PEOPLE WANT THEIR CONSTITUTIONAL RIGHTS PROTECTED AND THEIR KIDS TO BE SAFE IN SCHOOL. THEY WANT BOTH OF THOSE THINGS AT ONCE. AND THAT IS JUST WHAT THE BILL BEFORE THE SENATE WILL HELP ACCOMPLISH. REPORTER: AS LAWMAKERS ON CAPITOL HILL AND ACROSS THE COUNTRY SEARCH FOR WAYS TO ADDRESS GUN VIOLENCE, THE SUPREME COURT HAS TAKEN ONE OPTION OFF THE TABLE. FOR THE PBS NEWSHOUR I AM JOHN YANG. JUDY: TODAY'S RULING IS EXPECTED TO AFFECT ONLY A HANDFUL OF STATES, THOSE STATES CALIFORNIA, HAWAII, MARYLAND, MASSACHUSETTS, NEW JERSEYNEW YORK AS WELL AS WASHINGTON, D.C. ARE HOME TO NEARLY 90 MILLION PEOPLE OMORE THAN A QUARTER OF THE COUNTRY'S

POPULATION. THREE OTHER STATES HAVE SIMILAR LAWS BUT THE JUSTICES' MAJORITY SAYS THIS CASE WILL NOT AFFECT THEM. THEY ARE CONNECTICUT, DELAWARE, AND RHODE ISLAND. JOINING ME NOW IS THE ATTORNEY GENERAL FOR CONNECTICUT. WILLIAM TONG. WELCOME TO THE "NEWSHOUR." WE SAW INHIS MAJORITY OPINION, JUSTICE THOMAS SAYING THE AMERICAN PEOPLE HAVE A RIGHT TO BEAR ARMS AND THAT CANNOT BE SUPERSEDED BY SOME REQUIREMENT IMPOSED BY THE GOVERNMENT. WHAT DO YOU MAKE OF THAT ARGUMENT? >> THIS IS A RADICAL, RECKLESS DECISION THAT PUTS AT RISK PEOPLE, CHILDREN ACROSS THE COUNTRY AND COMMON SENSE GUN LAWS IN STATES LIKE CONNECTICUT AND SIMILAR STATES ACROSS THE COUNTRY. AFTER UVALDE, AFTER LOSING 21 PEOPLE THERE, AFTER BUFFALO AND SANDY HOOK, THE JUSTICES SHOULD HAVE STOOD UP

AND SAID STATES HAVE POLICE POWER TO PROTECT PUBLIC SAFETY. AND TO PASS COMMON SENSE GUN LAWS AND THEY WENT THE OTHER WAY AND CREATED AN ENTIRELY NEW TEST THAT PEOPLE ARE STRUGGLING TO UNDERSTAND. JUDY: WE SEE A MAJORITY OF THE COURT HAS SPON. WE JUST MENTIONED A MOMENT AGO THAT STATES THAT ARE DIRECTLY IMPACTED BY THIS. WHAT DO YOU EXPECT THOSE DATES TO DO NOW? EVERY STATE HAS A DIFFERENT LANGUAGE IN THE LAW BUT WHAT DO YOU EXPECT THAT WE WILL SEE? >> WE EXPECT TO SEE AN ONSLAUGHT OF LITIGATION AND LAWSUITS FILED BY PEOPLE LIKE THE NRA, THE GUN LOBBY. ACTIVISTS TRYING TO DMANTLE COMMON SENSE GUN LS. AFTER WE LOST 26 PEOPLE IN SANDY HOOK, WE PASSED SOME OF THE STRONGEST GUN LAWS IN THE NATION AND THEY ARE CLEARLY CONSTITUTIONAL BUT THAT WILL NOT STOP THE ACTIVISTS OR THE NRA. JUDY: CAN YOU GIVE US SOME EXAMPLES OF THE KINDS OF LAWS THAT ARE NOW ON THE BOOKS IN

SOME OF THESE STATES THAT WILL HAVE TO BE REWORKED SOMEHOW? >> OUR ASSAULT WEAPONS BAND, OUR HIGH-CAPACITY MAGAZINE BAN, OUR RED FLAG LAWTHE DOMESTIC VIOLENCE LAW, ALL OF THESE LAWS ARE NOW AT RISK. AND THAT IS THE PROBLEM WITH THIS HISTORICAL ANALOG TEST THAT JUSTICE THOMAS PUTS FORWARD. THAT WE HAVE TO FIND THAT THE LAW IS ROOTED IN HISTORY AND TRADITION. WHAT DOES THAT MEAN? THE PROBLEM IS WHEN THE SECOND AMENDMENT CAME INTO BEING IN 1791, WE DID NOT HAVE SEMIAUTOMATIC AND FULLY AUTOMATIC RIFLES. WE DID NOT HAVE WEAPONS OF WAR ON OUR STREETS. WE DID NOT HAVE THE AR-15 AND OUR CHILDREN WERE NOT TARGETED IN SCHOOLS. JUDY: I WANT TO GO BACK TO JUSTICE THOMAS' ARGUMENT. WHAT HE IS SAYING IS THAT IF YOU LOOK AT OTHER AMENDMENTS TO THE CONSTITUTION, NOT JUST THE SECOND AMENDMENT, BUT IT IS NOT THE CASE HE ARGUES THAT THE GOVERNMENT CAN IMPOSE

RESTRICTIONS ON WHAT IS AN ESSENTIAL RIGHT THAT AMERICANS HAVE. HE MAKES THAT ARGUMENT. HE IS SPEAKING FOR THE MAJORITY. SIX OF THE NINE JUSTICES. >> THE PROBLEM IS THAT FLIES IN THE FACE OF LONG-STANDING SUPREME COURT PRESIDENT. IF YOU LOOK AT THE TWO PREVIOUS CASES ON GUN LAWS AND GUN RIGHTS AND THE SECOND AMENDMENT WRITTEN BY JUSTICE SCALIA AND JUSTICE ALITO, TWO OF THE CONSERVATIVE JUSTICES FROM THE LAST 30 YEARS. IN BOTH THOSE CASES THOSE JUSTICES SAID STATES CLEARLY HAVE THE POWER AND THE AUTHORITY UNDER OUR POLICE POWER TO PASS COMMON SENSE GUN LAWS TO KEEP PEOPLE SAFE. PERIOD. END OF STORY. JUSTICE THOMAS NOW PURPORTS TO GO IN A NEW DIRECTION WHICH IS WHY I CALL IT RECKLESS AND RADICAL AND WHICH IS WHY WE ARE CONCERNED IT THREATENS COMMON SENSE GUN LAWS ACROSS THE COUNTRY.

JUDY: AS WE NOW KNOW THE SUPREME COURT HAS A DIFFERENT MAKEUP DONE WHAT THE COURT WAS -- HAS A DIFFERENT MAKEUP THEN WHEN THE COURT WAS BEFORE. YOU SAID THERE WILL BE A LOT OF CHALLENGES. THE SUPREME COURT HAS SPOKEN ON THIS. HOW DOES IT WORK. THERE ARE CHALLENGES WHEN YOU HAVE AN OVERWHELMING MAJORITY COMING DOWN AS THEY DID IN THIS CASE? >> THE SUPREME COURT SPOKE FRANKLY ON THE NARROW ISSUE OF WHETHER NEW YORK'S LAWS REGARDING THE CARRYING OF FIREARMS ARE CONSTITUTIONAL AND THEY FOUND THAT THAT LAW WAS TOO VAGUE AND DISCRETIONARY AND WAS NOT BASED ON OBJECTIVE STANDARDS. WE DO NOT AGREE WITH THAT. WE SUPPORT NEW YORK. WE SUPPORTED NEW YORK IN THAT CASE. BUT EVEN THOUGH THAT DECISION, THIS DECISION NARROWLY FOCUSED ON THE NEW YORK LAW, THE IMPORT OF THIS N HISTORICAL ANALOG TEST POTENTIALLY SPEAKS TO COMMON SENSE GUN LAWS IN

CONNECTICUT, MASSACHUSETTS, NEW YORK AND ACROSS THE COUNTRY AND THAT IS WHY WE EXPECT ACTIVISTS, THE NRA, THE GUN LOBBY TO NOW MINE THIS OPINION AND LOOK FOR LANGUAGE THAT MAY GIVE THEM AN OPENING TO ATTACK CONSTITUTIONAL LAWS, THOSE THAT HAVE STOOD UP TO CHALLENGE LIKE THOSE IN CONNECTICUT. JUDY: LET ME ASK YOU ABOUT THIS BIPARTISAN GUN DEAL WORKING ITS WAY THROUGH THE CONGRESS RIGHT NOW. IT LOOKS LIKE IT WILL HAVE THE VOTES TO BE PASSED AND SIGNED BY THE PRESIDENT. HOW MUCH DIFFERENCE DO YOU THINK THAT WILL MAKE IN ADDRESSING GUN VIOLENCE IN THIS COUNTRY? >> IT WILL MAKEOME DIFFERENCE AND WE ARE VERY PROUD OF SENATOR MURPHY AND SENATOR BLUMENTHAL BUT WE HAVE TO DO MORE. OUR CHILDREN ARE GETTING KILLED IN SCHOOL. OUR CHILDREN ARE AT RISK. PEOPLE SAY WE POLITICIZE THIS ISSUE. HOW DOES IT POLITICIZE THIS QUESTION IF ALL WE ARE TRYING TO DO IS KEEP OUR CHILDREN SAFE? HOW IS THAT A POLITICAL

QUESTION? IT IS NOT. JUDY: THE ATTORNEY GENERAL FROM CONNECTICUT, WILLIAM TONG, THANK YOU. >> THANK YOU. ♪ JUDY: IN ITS FIFTH PUBLIC HEARING, THE CONGRESSIONAL COMMITTEE INVESTIGATING THE JANUARY 6 CAPITAL ATTACK DETAILED ITS FINDINGS ON HOW FORMER PRESIDENT DONALD TRUMP PRESSURED THE DEPARTMENT OF JUSTICE TO OVERTURN THE 2020 ELECTION RESULTS. THREE OF MR. TRUMP'S TOP JUSTICE OFFICIAL -- JUSTICE DEPARTMENT OFFICIALS, ROSEN, RICHARD DONOGHUE, AND ASSISTANT ATTORNEY GENERAL STEPHEN ENGEL ALL RECOUNTED HOW MR. TRUMP WANTED THE DEPARTMENT TO UNDERMINE AND OVERTURN THE ELECTION AND HOW WHEN THAT EFFORT FAILED, MR. TRUMP NEARLY INSTALLED A LOYALIST WHO WOULD CARRY OUT HIS

DEMANDS. HERE IS DONAHUE. >> FOR THE DEPARTMENT TO INSERT ITSELF INTO THE POLITICAL PROCESS THIS WAY I THINK WOULD'VE HAD GRAVE CSEQUENCES FOR THE COUNTRY AND IT MAY VERY WELL HAVE SPIRALED US INTO A CONSTITUTIONAL CRISIS AND I WANTED TO MAKE SURE HE UNRSTOOD THE RABBIT HE OF THE SITUATION. JUDY: CONGRESSMAN ADAM KINZINGER LED THE PRESENTATION TODAY. IN HIS OPENING REMARKS, HE HAD A MESSAGE FOR HIS PARTY. >> I WANT TO TAKE A MOMENT NOW TOPEAK TO MY FELLOW REPUBLICANS. IMAGINE THE COUNTRY'S TOP PROSECUTOR WITH THE POWER TO OPEN INVESTIGATIONS, SUBPOENA, CHARGE CRIMES, AND SEEK IMPRISONMENT. IMAGINE THAT OFFICIAL PURSUING THE AGENDA OF THE OTHER PARTY INSTEAD OF THAT OF THE AMERICAN PEOPLE AS A WHOLE. AND IF YOU ARE A DEMOCRAT, IMAGINE IF THE OTHER WAY AROUND. TODAY MR. DONALD TRUMP'S TOTAL DISREGARD FOR THE CONSTITUTION AND ITS OATH WILL BE FULLY

EXPOSED. JUDY: "NEWSHOUR" CONGRESSIONAL CORRESPONDENT LISA DESJARDINS AND OUR WHITE HOUSE CORRESPONDENT HAVE BEEN WATCHING THIS TODAY AND THEY JOIN ME NOW. SO MUCH OF THE HEARING TODAY, MOST OF IT WAS ABOUT THE PRESSURE THAT THEN PRESIDENT TRUMP PLACED ON THE JUSTICE DEPARTMENT TO TRY TO GET THEM TO DO WHAT HE WANTED THEM TO DO WHICH WAS OVERTURN THE ELECTION. TELL US HOW THAT CASE THE COMMITTEE WAS MAKING ON THE FACTS THEY PUT FORWARD -- HOW THEY BUILT THE CASE THEY WERE MAKING. REPORTER: WE HEARD TODAY FROM TOP OFFICIALS WITHIN FORMER PRESIDENT TRUMP'S JUSTICE DEPARTMENT ABOUT THE PRESSURE YOU JUST MENTIONED. ABOUT THE FACT THAT THEY -- HE WANTED THEM TO DECLARE THE ELECTION CORRUPT. WE LEARNED THAT HIS CHIEF OF STAFF MARK MEADOWS ASKED THE DOJ TO INVESTIGATE WHETHER ITALIAN MILITARY SATELLITES WERE MANIPULATING VOTING MACHINES AND WE ALSO HEARD FROM DONALD TRUMP'S ACTING ATTORNEY GENERAL AT THE TIME, ROSEN, AND ROSEN

SAID VIRTUALLY EVERY DAY BETWEEN LATE DECEMBER TO EARLY JANUARY, TRUMP WAS CALLING HIM AND TRYING TO HAVE CONVERSATIONS WITH H AND HERE IS A LITANY REQUESTS THAT HE MADE TO ROSEN. >> THE COMMON ELEMENT OF ALL OF THIS WAS THE PRESIDENT EXPRESSING HIS DISSATISFACTION THAT THE JUSTICE DEPARTMENT IN HIS VIEW HAD NOT DONE ENOUGH TO INVESTIGATE ELECTION FRAUD. BUT AT DIFFERENT JUNCTURES, OTHER TOPICS CAME UP AT DIFFERENT INTERVALS. AT ONE POINT HE HAD RAISED THE QUESTION OF HAVING A SPECIAL COUNSEL FOR ELECTION FRAUD. AT A NUMBER OF POINTS HE RAISED REQUESTS THAT I MEET WITH HIS CAMPAIGN COUNSEL, MR. GIULIANI. AT ONE POINT HE RAISED WHETHER THE JUSTICE DEPARTMENT WOULD FILE A LAWSUIT IN THE SUPREME COURT. AT A COUPLE OF JUNCTURES, THERE

WERE QUESTIONS OF MAKING PUBLIC STATEMENTS UP -- MORE ABOUT HOLDING A PRESS CONFERENCE. AT A LATER JUNCTURE WAS AN ISSUE OF SENDING A LETTER TO STATE LEGISLATORS -- STATE LEGISLATURES IN GEORGIA OR OTHER STATES. THERE WERE DIFFERENT THINGS RAISED A DIFFERENT INTERVALS WITH THE COMMON THEME BEING HIS DISSATISFACTION ABOUT WHAT THE JUSTICE DEPARTMENT HAD DONE TO INVESTIGATE ELECTION FRAUD. REPORTER: THE DISTISFACTION DID NOT STOP THERE. PRESIDENT TRUMP PRESSED IN A DECEMBER 27 CONVERSATION ROSEN'S DEPUTY, DONAHUE, TO ALSO INVESTIGATE THESE ALLEGATIONS AND DONAHUE TOLD THE COMMITTEE THAT TRUMP BROUGHT FORWARD AN ARSENAL OF ALLEGATIONS AND WHEN ASKED BY CONGRESSMAN KINSINGER IF ANY WERE CREDIBLE HE SAID, NO, THEY WERE NOT. JUDY: OTHER THAN THE FORMER

PRESIDENT, IS CENTRAL FIGURE IN ALL OF THIS TESTIMONY WAS JEFFREY CLARK, A LOWER-LEVEL JUSTICE DEPARTMENT OFFICIAL WHO WAS PUSHING FORMER PRESIDENT TRUMP'S LINE ABOUT FRAUD IN THE ELECTION. TELL US WHAT WE LEARNED ABOUT HIS ROLE IN ALL OF THIS. REPORTER: JEFFREY CLARK IS A FASCINATING FIGURE WHO WAS NOT PRESENT AT THE COMMITTEE HEARING AT ALL TODAY. AND HE IS AN ENVIRONMENTAL LAWYER AND HE THEN BECAME THE HEAD OF THE CIVIL DIVISION WITHIN THE JUSTICE DEPARTMENT AROUND 2020. HE WAS KEY IN TRYING TO CONVINCE TRUMP TO INSTALL HIM AS THE HEAD OF THE JUSTICE DEPARTMENT BECAUSE HE TOLD TRUMP THAT HE WOULD BE A YES-MAN AND WAS WILLING TO DO ALL THE THINGS TRUMP WAS ASKING THE JUSTICE DEPARTMENT TO DO AND TO REPLACE ROSEN WITH HIMSELF. NOW, WE HEARD ABOUT THE BIG MEETING THAT HAPPENED ON JANUARY 3 IN THE OVAL OFFICE WITH FORMER

PRESIDENT TRUMP WITH HIS ACTING ATTORNEY GENERAL, ROSEN, THE DEPUTIES AS WELL AS JEFFREY CLARK AND IN THAT MEETING, TRUMP ASKED WHAT WOULD HAPPEN IF HE REPLACED ROSEN WITH CLARK AND HERE IS WHAT DONAHUE SAID WOULD HAPPEN. >> HE SAID, SO SUPPOSE I REPLACED HIM, JEFF ROSEN, WITH HIM, JEFF CLARK, WHAT WOULD YOU DO? AND I SAID, MR. PRESIDENT, I WOULD RESIGN IMMEDIATELY. I AM NOT WORKING ONE MINUTE FOR THIS GUY WHO I HAD JUST CLARED WAS INCOMPETENT. THE PRESIDENT IMMEDIATELY TURNED TO MR. ANGLE AND HE SAID, STEVE, YOU WOULD NOT RESIGN, WOULD YOU? HE SAID, ABSOLUTELY I WOULD, YOU LEAVE ME NO CHOICE. REPORTER: DONAHUE WENT ON TO SAY THAT HUNDREDS OF DEPARTMENT OF JUSTICE OFFICIALS WOULD GO ON TO RESIGN IF DONALD TRUMP TRIED TO INSTALL JEFFREY CLARK ON TOP OF THE JUSTICE DEPARTMENT.

AND ONE FINAL MOMENT -- POINT ABOUT CLARK, HE WENT BEFORE THE COMMITTEE IN PRIVATE OPPOSITION AND HE PLED THE FIFTH OVER AND OVER AGAIN SO AS NOT TO INCRIMINATE HIMSELF. JUDY: IT APPEARS HE DID NOT ANSWER ANY COMMITTEE QUESTIONS. WE LRNED MORE TODAY ABOUT THE ROLE IN ALL OF THIS OF SEVERAL MEMBERS OF CONGRESS. REPORTER: WE HEARD A LOT OF ACCUSATIONS AND WITNESS TESTIMONY ABOUT THE ROLES OF MEMBERS OF CONGRESS AND THIS SPEAKS TO WHAT LAURA WAS REPORTING ABOUT. HOW COULD SOMEONE WAS LOWER-LEVEL IN THE JUSTICE DEPARTMENT, JEFFREY CLARK, BE POISED TO BECOME ATTORNEY GENERAL AT THIS CRUCIAL MOMENT? WE HEARD FROM A FORMER DEPUTY, RICHARD DONOGHUE. HE HAD A FASCINATING BIT TALKING ABOUT A PHONE CALL WITH FORMER PRESIDENT TRUMP. DURING THE PHONE CALL, MR. DONAHUE TOOK NOTES BECAUSE HE WANTED TO REPORT THE ALLEGATIONS THAT THE FORMER PRESIDENT WAS MAKING. I WANT TO SHOW YOU A GRAPHIC OF

ONE OF THE THINGS HE SAID THAT FORMER PRESIDENT TRUMP TOLD HIM. HE TOLD HIM HE WAS ASKED BY THE PRESIDENT ASH JUST STAYED THE ELECTION WAS CORRUPT AND LEAVE THE REST TO ME AND REPUBLICAN CONGRESSMAN. THERE, A FORMER PRESIDENT TRUMP IS IMPLICATING REPUBLICAN CONGRESSMEN IN THIS IDEA OF OVERTURNING THE ELECTION CALLING IT CORRUPT. WE HAVE LITTLE EVIDENCE -- WE HAVE A LITTLE EVIDENCE OF WHO HE WAS TALKING ABOUT. THE LEADER OF THE HOUSE FREEDOM CAUCUS KNOWN FOR ITS CONSERVATIVE VALUES AND FOR TRYING TO AFFECT WHAT HAPPENS ON THE FLOOR OF THE HOUSE. I REACHED OUT TO REPRESENTATIVE PERRY'S OFFICE THE WE HAVE NOT HEARD BACK. THE IDEA WAS THAT PERRY HIMSELF WAS THE ONE THAT HELPED RAISE JEFFREY CLARK AS THE POTENTIAL TO CHANGE THE TOP OF THE JUSTICE DEPARTMENT TO HELP PRESIDENT TRUMP. HERE WAS AN EXCHANGE WE HEARD

ADAM KINZINGER GOING THROUGH THE TEXT EXCHANGES BETWEEN PERRY AND MARK MEADOWS. >> MEADOWS RESPONSE WITH -- I'VE GOT IT AND I THINK I UNDERSTAND. LET ME WORK ON THE DEPUTY POSSESSION. REPRESENTATIVE PERRY TEXTS, ROGER, I JUST SENT YOU SOMETHING ON SIGNAL. AN UPDATED FILE. DID YOU CALL JEFF CLARK? MR. DONAHUE, REPRESENTATIVE PERRY CALLED YOU ON DECEMBER 27. WHO TOLD YOU TO CALL HIM? >> MY UNDERSTANDING IS THE PRESIDENT. REPORTER: THAT IS THE IDEA THAT A MEMBER OF CONGRESS WAS GETTING INVOLVED IN WHAT THIS COMMITTEE SEES AS PLOTS. WE ARE WAITING TO HEAR FROM THESE MEMBERS OF CONGRESS. ONE OTHER THING WE HEARD THAT WAS NOTABLE. THE COMMITTEE RAISED TESTIMONY FR THOSE IN THE WHITE HOUSE SAYING SIX MEMBERS OF CONGRESS

HAD ASKED FOR PARDONS SPECIFICALLY FORHEMSELVES AND IN ANOTHER REPRESENTATIVE JORDAN HAD ASKED ABOUT WHETHER PARDONS WOULD BE ISSUED. REPRESENTATIVE JORDAN HAS ISSUED A STATEMENT TONIGHT SAYING THAT IS 100% FAKE NEWS. WE ASKED SCOTT PERRY, MATT GAETZ, ARCHERY TERROR ALERT GREEN -- MARJORIE TARA GREEN THAT THE COMMITTEE SAID HAS ASKED -- HAVE ASKED FORARDONS FOR THEMSELVES. VERY SERIOUS ACCUSATIONS ESPECIALLY FROM MEMBERS OF CONGRESS AGAINST ANOTHER SO WE ARE WAITING TO HEAR A RESPONSE. JUDY: WE HEARD FORMER WHITE HOUSE AIDES AND ADVISERS MAKING SOME OF THOSE STATEMENTS. FINALLY, THIS WAS THE LAST HEARING WE KNOW HAS BEEN SCHEDULED BUT WE ARE TOLD THERE WILL BE MORE IN THE FUTURE. WHAT DO WE KNOW ABOUT THAT? LOOKING BACK ON WHAT WE HAVE LEARNED SO FAR, HOW DO YOU PUT IT TOGETHER? REPORTER: WE EXPECT MORE HEARINGS IN JULY BUT WE DON'T KNOW HOW MANY OR WHEN.

ONE SOURCE TOLD ME THEY ARE STILL DECIDING THAT AND THEY HAVE A MOUNTAIN OF EVIDENCE TO GO THROUGH AND THEY ARE GETTING MORE EVIDENCE NOW. ONE EXAMPLE IS A REPRESENTATIVE FROM ALABAMA. THEY NOW KNOW TONIGHT, THERE IS REPORTING THAT HE HAS BEEN SUBPOENAED AND HAS AGREED TO TESTIFY. IT IS THE KIND OF TESTIMONY THE COMMITTEE WANTS TO GET AND SEE WHAT THEY DO WITH IT. REPRESENTATIVE LIZ CHENEY SAID THERE IS NOT MUCH MORE TO SAY. WE EXPECT TO HEAR MORE FROM TRUMP WHITE HOUSE OFFICIALS. WHAT HAVE WE CONCLUDED? SOME BIGGER POINTS. PRESIDENT TRUMP CORDING TO THIS COMMITTEE REPEATEDLY TRIED DIFFERENT WAYS TO TRY TO OVERTURN THE ELECTION. HERE IS WHAT WE HEARD FROM THE COMMITTEE. ONE WAS DEALING WITH THE DEPARTMENT OF JUSTICE AND TRYING TO CHANGE THE LEADERSHIP THERE

TO HELP HIM. ANOTHER, PRESSURING VICE PRESIDENT PENCE. AND IN ADDITION, WORKING ON TRYING TO FORCE STATE OFFICIALS TO CHANGE THE ELECTION COUNT IN THEIR STATE. AND WE HEARD ABOUT A SLATE OF ELECTORS AND EFFORTS TO TRY TO PRESENT AND HAVE FAKE SETS OF ELECTORS WHICH DID NOT MATCH THE STATES VOTES. THE COMMITTEE IS LAYING OUT A CASE THAT IT WAS NOT JUST ONE INCIDENT. BUT THAT IT WAS MANY. HE WAS TRYING EVERY WAY HE COULD TO TRY TO MANIPULATE THE U.S. DEMOCRATIC SYSTEM FOR HIS OWN POLITICAL GAIN. JUDY: A LOT OF EVIDENCE AND THE COMMITTEE IS SAYING THERE IS MORE TO COME. THANK YOU BOTH. TO FURTHER DISCUSS TODAY'S HEARINGS, I AM JOINED BY ANALYST

-- JOURNALIST ANDREA BERNSTEIN. SHE IS A FREQUENT NPR CONTRIBUTOR COVERING FORMER PRESIDENT TRUMP'S LEGAL PROBLEMS. AND ATTORNEY MICHAELS ELDON. HE -- MICHAEL ZELMAN. WE WELCOME YOU BOTH TO THE "NEWSHOUR." ANDREA, WHAT COMES ACROSS -- WE JUST HEARD IT FROM LISA AND LAURA AND WHAT WE HAVE SEEN IN THE SOUND OF THE HEARING, THIS WAS A RELENTLESS CAMPAIGN OF PRESSURE THE FORMER PRESIDENT PUT ON HIS OWN JUSTICE DEPARTMENT TO CHANGE THE RESULT OF THE ELECTION. REPORTER: AT THE END OF THE HEARING, ADAM KINZINGER, A REPUBLICAN, GESTURED TO THE THREE WITNESSES, FORMER TOP TRUMP APPOINTEES AND SAID BECAUSE OF THESE INDIVIDUALS, THE PRESIDENT'S COUP FAILED. HE CALLED IT A COUP WHICH IS A STUNNING THING TO HAVE BEFORE

US. THE HEARING TODAY WHICH FOCUSED ON THIS DRAMATIC MEETING ON JANUARY 3 WHERE PRESIDENT TRUMP WANTS TO OVERTHROW THE TOP THREE MEN OF THE JUSTICE DEPARTMENT SO HE CAN PUT IN JEFFREY CLARK, A LOWER INDIVIDUAL WHO APPEARS TO BELIEVE IN THE CONSPIRACY THEORIES AND THE FALSE ALLEGATIONS OF VOTER FRAUD TO SEND LETTERS TO STATE LEGISLATURES ACROSS THE COUNTRY TELLING THEM NOT TO SEND VALID ELECTORS TO WASHINGTON. THE MEETING IS HAPPENING. JEFFREY CLARK IS ALMOST APPOINTED. THERE ARE TWO HOURS OF HEATED DISCUSSION. FINALLY PRESIDENT TRUMP GIVES HIM BECAUSE HE DOES NOT THINK HE CAN GET IT DONE. WHEN YOU THINK ABOUT WHERE THIS HEARING HAPPENED, THE DAY BEFORE WAS THE 67 MINUTE CALL WH THE GEORGIA OFFICIAL. ON JANUARY 3, THE PROUD BOYS HAD A WELL-DEVELOPED PLAN TO ATTACK

THE CAPITAL. THE NEXT DAY, JANUARY 4, TRUMP BERATES HIS VICE PRESIDENT TO TRY TO GET HIM TO ACQUIESCE AND NOT ACCEPT THE ELECTORAL COLLEGE WROTE. AND THEN WE KNOW WHAT HAPPENED ON JANUARY 6. JUDY: AND MICHAEL, AS SOMEONE THAT HAS WORKED AT THE JUSTICE DEPARTMENT IN TWO ADMINISTRATION'S. THIS WAS A PRESIDENT TOLD REPEATEDLY THAT WHAT HE WAS LOOKING AT -- THAT THERE WAS NO BASIS FOR ANY FRAUD BUT HE CONTINUED TO PUSH HIS OWN JUSTICE OFFICIALS TO DO THIS. IS THERE ANYTHING LIKE THAT THAT YOU HAVE HEARD OF IN AMERICAN HISTORY? REPORTER: NO, THIS IS UNIQUE TO THE PRESIDENT OF THE UNITED STATES IN THIS MOMENT OF TIME. WHEN I LISTEN TO THIS EVIDENCE, CAN THEY PROVE KNOWLEDGE AND INTENT? THE PRESIDENT OF THE UNITED

STATES ACTED WITH KNOWLEDGE AND INTENT TO OBSTRUCT AN OFFICIAL PROCEEDING UNDER FRAUD THE UNITED STATES. THE EVIDENCE PRESENTED TODAY WAS PRETTY COMPELLING OF THAT. THERE WAS A CONVERSATION THAT ROSEN RECOUNTS WHERE HE SAID -- THE PRESIDENT TOLD ROSEN, YOU ARE NO GOING TO DO ANYTHING ABOUT THIS, SENDING THE FRAUDULENT FRAUD LETTER AND ROSEN SAYS, THAT IS CORRECT BECAUSE CONSTITUTIONALLY IT IS REQUIRED NOT TO DO ANYTHING. THAT IS, IF WE DO WHAT YOU ARE ASKING US TO DO WE ARE VIOLATING THE LAW. AND YET THE PRESIDENT INSISTED AND WAS GOING TO INSTALL CLARK WHOSE HOUSE YESTERDAY WAS RAIDED BY THE FBI AS THE ATTORNEY GENERAL. PRETTY STUNNING STUFF. JUDY: STUNNING. AND ANDREA, YOU HAVE TO TO COME AWAY FROM LISTENING TO THIS DEEPLY STRUCK BY HOW CLOSE THE COUNTRY CAME TO THIS HAPPENING. FORMER PRESIDENT TRUMP WAS ON THE VERGE, THERE WAS IN FACT

SOME INFORMAL ACTIONS TAKEN OF NAMING JEFFREY CLARK COMPLETELY UNQUALIFIED AS FAR AS WE KNOW TO BE THE ATTORNEY GENERAL. REPORTER: ABSOLUTELY. IN FACT REPRESENTATIVE KINSINGER AT ONE POINT PUT UP A SCREENSHOT OF A SERIES OF COMMUNICATIONS BETWEEN MR. CLARK AND FORMER PRESIDENT TRUMP. YOU COULD SEE THE PRESIDENT'S CALENDAR THAT DAY, BEFORE THIS MEETING, CLARK IS ALREADY DESCRIBED ON WHITE HOUSE MATERIALS AS THE ACTING ATTORNEY GENERAL. I HAVE SPENT A LOT OF TIME READING UP ON THIS MEETING. IT HAS BEEN DESCRIBED INTO POSSESSIONS -- IN DEPOSITIONS BUT THE IMPACT OF HEARING IT DESCRIBED, I AM STUNNED I HOW CLOSE WE REALLY CAME TO THIS MOMENT WHE SOMEBODY WAS GOING TO BE THE ATTORNEY GENERAL OF THE UNITED STATES, THE TOP LAW ENFORCEMENT OFFICER, TO CARRY OUT THIS PLAN OF SUPPORTING THE WILL OF THE VOTERS. -- SUBVERTING THE WILL OF THE

VOTERS. IF THIS WAS A TV SERIES, THIS WOULD BE THE MIDSEASON PAUSE, HE REAL CLIFFHANGER. WHAT ELSE WILL THEY BRING US TO TAKE FROM TODAY'S MEETING WHICH WAS JANUARY 3 TO JANUARY 6. JUDY: AND WHAT IS NOT A CLIFFHANGER THOUGH IS THAT THESE ARE ALL REPUBLICANS DOING THESE -- DOING THIS TESTIFYING THAT THEY COULD NOT GO ALONG WITH WHAT PRESIDENT TRUMP WAS TRYING TO DO. FOR REPUBLICANS WATCHING THIS, AND THE COMMITTEE DAY AFTER DAY, IT HAS BEEN REPUBLICANS MAKING THE CASE. REPORTER: IF WE GO BACK IN TIME TO TUESDAY, ONE OF THE OTHER ELEMENTS OF THE PRESSURE CAMPAIGN WAS MR. PACK, WHO QUIT IN THE FACE OF TRUMP'S RELENTLESS PRESSURE CAMPAIGN AGAINST THE DEPARTMENT OF JUSTICE IN GEORGIA TO DECLARE FRAUD AND LET HIM AND HIS CORRUPT FRIENDS PERPETRATE THE

BIG LIE. IT IS ALL COMING TOGETHER. THE TESTIMONY OF TUESDAY AND TODAY CREATES THIS INTERTWINING OF ACTIVITY THAT LEADS US TO BELIEVE THERE IS EVIDENCE THAT THEY OBSTRUCTED THE WORKINGS OF GOVERNMENT IN AN EFFORT TO DEFRAUD IT. JUDY: AND SO MUCH OF THE MATERIAL COMING FORWARD, THESE ARE MEMBERS OF THE FORMER PRESIDENT'S OWN POLITICAL PARTY. THEY WERE SUPPORTERS OF THE FORMER PRESIDENT. REPORTER: EXACTLY. AND IN LAW, THEY SAY YOU MAKE AN ARGUMENT TO TAKE THE WIND OUT OF THE SALES OF YOUR OPPONENT. THE PEOPLE MAKING THAT ARGUMENT HERE IS ALL PEOPLE WHO SAID THEY WORKED FOR TRUMP AND THEY VOTED FOR TRUMP AND THEY HOPED HE WOULD BE REELECTED. BUT WHEN IT CAME DOWN TO IT, TRUTH AND OATH MATTERED MORE THAN HIS PRESIDENCY WHICH IS AN IMPORTANT LESSON IN INTEGRITY. REPORTER: GOVERNMENT AND OVERSIGHT IN ACTION.

JUDY: ANDREA BERNSTEIN AND MICHAEL ZELDON, THANK YOU BOTH. ♪ JUDY: AFGHANISTAN'S EARTHQUAKE SURVIVORS CLAWED AT RUBBLE WITH THEIR BARE HANDS HUNTING FOR VICTIMS. THE U.N. SAID MORE THAN 700 PEOPLEIED IN THE COUNTRY'S WORST QUAKE IN 20 YEARS. AFGHAN OFFICIALS SAY IT IS MORE THAN 1000. MEN DUG TRENCHES TO BURY THE DEAD ON THE BORDER WITH PAKISTAN. REPORTER: IN EASTERN AFGHANISTAN, IT IS TIME TO BURY THE DEAD. YESTERDAY'S EARTHQUAKE KILLED SO MANY HERE RESIDENTS LAID THEIR NEIGHBORS, AND FAMILIES TO REST

IN A MASS GRAVE. ONLY A ROCK MARKS EACH PERSON LOST. THIS IS ONE OF AFGHANISTAN'S POOREST CORNERS. NEITHER THE WEST NOR THE AFGHAN GOVERNMENT DEVELOPED THIS AREA SO HEAVY RAINS TURNED DIRT ROADS INTO STREAMS. THE TALIBAN GOVERNMENT BEGAN DELIVERING AID BY HELICOPTER. ONE BROUGHT A SPOKESPERSON. HE TOOK THIS PHOTO OF THIS DISTRICT WHERE HE GREW UP. >> ENTIRE FAMILIES ARE GONE. FAMILI ARE 18 OR 19 PEOPLE. THEY HAVE ALL DIED. REPORTER: THE U.S. HAS FROZEN SOME OF THE AFGHAN GOVERNMENT'S ASSETS SINCE THE TALIBAN SEIZED THE COUNTRY AND RESTRICTED WOMEN'S RIGHTS BUT THE U.S. IS THE LARGEST PROVIDER OF HUMANITARIAN AID. AND TODAY, U.N. AID FUNDED IN PART BY U.S. AID BEGAN TO BE DELIVERED TO. >> WE DO NEED A LOT OF SUPPORT FROM THE INTERNATIONAL COMMUNITY.

REPORTER: IS THE TALIBAN GOVERNMENT CAPABLE OF PROVIDING ASSISTANCE TO SO MANY PEOPLE THAT NEED IT? >> THE CURRENT GOVERNMENT DID THEIR BEST. THERE IS A KIND OF U.S. ECONOMIC OCCUPATION BAUSE THEY HAVE FROZEN OUR FUNDS THAT WE COULD USE TO HELP VICTIMS AT THIS CRITICAL TIME. REPORTER: THE TRAVEL FOR AN INSURGENCY TURNED GOVERNMENT IS ENORMOUS -- THE CHALLENGE FOR AN INSURGENCY TURNED GOVERNMENT IS ENORMOUS. JUDY: RUSSIAN FORCES IN EASTERN UKRAINE GAIN MORE GROUND IN THEIR GRINDING ADVANCE. BUT THERE WAS WORD THAT THE U.S. WILL SEND STILL MORE MILITARY AID TO KYIV, 450 MILLION DOLLARS WORTH. AND EUROPEAN UNION LEADERS FORMALLY DESIGNATED UKRAINE AND MOLDOVA AS CANDIDATES TO JOIN THE BLOCK. STATE MEDIA IN IRAN SAYS A COURT HAS ORDERED THE UNITED STATES TO PAY FOR THKILLINGS OF NUCLEAR SCIENTISTS. IRAN HAS ACCUSED ISRAEL OF THE

KILLINGS AND THE COURT CITED U.S. SUPPORT. ON THE PANDEMIC, THE COVID COORDINATOR FOR THE TRUMP WHITE HOUSE, DR. DEBORAH BIRX SAID THE FORMER PRESIDENT AND TOP AIDES UNDERPLAYED THE DANGER. SHE TOLD A CONGRESSIONAL HEARING THAT THE ADMINISTRATION CREATED A LSE SENSE OF SECURITY EVEN AS THE THREE JUMPED IN ASIA AND EUROPE. >> CREATING THE SENSE AMONG THE AMERICAN PEOPLE THAT THIS WOULD ACT AND HAVE THE FOR TALLY VISA EQUIVALENT TO THE FLOW. CREATING A SENSE AMONG THE AMERICAN PEOPLE THAT THIS WAS NOT GOING TO BE A SERIOUS PANDEMIC. JUDY: ALSO TODAY, THE CURRENT WHITE HOUSE COVID COORDINATOR SAID THE BIDEN ADMINISTRATION IS MAKING COVID TESTS MORE ACCESSIBLE TO THOSE WHO ARE BLIND AND THOSE THAT ARE VISUALLY IMPAIRED. POPE FRANCIS TODAY ORDERED THE PUBLICATION OF 170 VOLUMES ON POPE PIUS THE 12TH'S TREATMENT OF JS DURING WORLD WAR II AMID

CRITICISM THAT PIUS DID TOO LITTLE TO SAVE JEWISH LIVES DURING THE NAZI HOLOCAUST. A JUDGE IN FLORIDA HAS APPROVED A SETTLEMENT OF MORE THAN $1 BILLION IN A MIAMI CONDO COLLAPSE THAT KILLED 98 PEOPLE. THE PAYOUT GOES MOSTLY TO SURVIVORS AND THOSE THAT LOST RELATIVES IN THE DISASTER IN SURFSIDE. IT WILL COME FROM INSURANCE, ENGINEERING AND PROPERTY FIRMS THAT ARE SUSPECTED OF CONTRIBUTING TO THE COLLAPSE. UNDER THE SETTLEMENT, THEY DO NOT ADMIT ANY WRONGDOING. ON WALL STREET, STOCKS MANAGED TO RECOUP MORE OF THEIR RECENT LOSSES. THE DOW JONES NAMED 194 POINTS. -- GAINED 194 POINTS. THE NASDAQ ROSE 179 POINTS. THE S&P 500 WAS UP NEARLY 1%. AND FOR THE FIRST TIME, A BLOODHOUND IS THE NATION'S TOP

DOG. TRUMPET EARNED BEST IN SHOW LAST NIGHT AT THE WESTMINSTER KENNEL CLUB DOG SHOW IN TARRYTOWN, NEW YORK. THE FIRST BLOODHOUND TO TAKE THE PRIZE IN THE EVENT'S. GRATULATION'S, TRUMPET. STILL TO COME ON THE "NEWSHOUR," THE FDA PUTS AN END TO DUAL BRAND PRODUCTS. WE EXAMINED BIDEN ADMINISTRATION'S PROPOSAL TO EXPAND PROTECTIONS FOR STUDENTS 50 YEARS AFTER TITLE IX. PLUS MUCH MORE. ♪ >> THIS IS THE PBS "NEWSHOUR" FROM W ETA STUDIOS IN WASHINGTON AND IN THE WEST FROM THE WALTER CRONKITE SCHOOL OF JOURNALISM AT THE UNIVERSITY OF ARIZONA. JUDY: AFTER A TWO-YEAR REVIEW, THE FDA ANNOUNCED TODAY THAT IT WILL BAN ALL VAPING AND E-CIGARETTE PRODUCTS SOLD BY JEWEL.

IT IS PART OF A SERIES OF MORE AGGRESSIVE MOVES BY THE FDA TO TARGET VAPING AND SMOKING. REPORTER: THE FDA FIRST BEGAN SCRUTINIZING JOULE IN 20 WHEN ITS FRUIT FLAVORED ARE GETTING STRATEGY PROMPTED ACCUSATIONS THAT THE COMPANY WAS TARGETING YOUNG PEOPLE. THE FLAVORS WERE EVENTUALLY REMOVED AND IT IS NO LONGER NEARLY AS DOMINANT IN THE MARKET AS IT ONCE WAS BUT IT IS STILL A BIG PLAYER IN VAPING. THE COMPANY IS NOW BLOCKED FROM SELLING ANY PRODUCTS. THIS COMES DAYS AFTER THE FDA SAID IT WAS CONSIDERING SETTING A STRICT CAP ON THE AMOUNT OF NICOTINE ALLOWED IN CIGARETTES. WINNING ME NOW IS SOMEONE WHO HAS LONG PRESSED FOR THESE KINDS OF MOVES. MATT MYERS -- MATTHEW MYERS. GREAT TO HAVE YOU BACK ON THE NEWSHOUR. LET'S TALK ABOUT THIS BAND. WHAT YOU MAKE OF THIS ANNOUNCEMENT? >> THIS IS PROBABLY THE MOST SIGNIFICANT ACTION THE FDA HAS TAKEN TO REVERSE THE E-CIGETTE

EPIDEMIC. WE NEED TO REMEMBER THAT JOULE, MORE THAN ANY OTHER COMPANY WAS LARGELY RESPONSIBLE FOR THE METEORIC RISE IN YOUTH E-CIGARETTE USE. WHAT WE SAW WAS LITERALLY DOUBLING THE NUMBER OF KIDS ADDICTED TO NICOTINE. LEVELS WE HAVE NOT SEEN IN 20, 25 YEARS. REPORTER: IT IS -- IT'S OTHER COMPETITORS CAN STILL SELL THEIR PRODUCTS AND SOME OF THOSE PRODUCTS ARE AS POPULAR IF NOT MORE POPULAR THAN JOULE. DOES JUST TARGETING JOULE HAVE AN IMPACT? >> THE FDA IS NOT JUST PURSUING JOULE. FDA HAS PENDING APPLICATIONS FROM OTHER COMPANIES THAT CONTINUE TO MARKET PRODUCTS THAT ARE ADDICTING OUR CHILDREN. WHAT WILL BE CRITICAL IS WHETHER FDA FOLLOWS THROUGH WITH THE

OTHER COMPANIES THAT ARE LARGELY MARKETING FLAVORED PRODUCTS AND SOME WITH EXTRAORDINARY LEVELS OF ADDICTION TO NICOTINE TO ENSURE THAT ALL THE PRODUCTS FUELING THIS EPIDEMIC AREULLED FROM THE MARKET. IF FDA IS CONSISTENT IN ITS DECISION-MAKING, IT WILL DO SO AND WE STILL HAVE TIME TO REVERSE THE EPIDEMIC BEFORE IT BECOMES A GENERATIONAL PROBLEM. REPORTER: JUOLE HAS SAID THEY WILL APPEAL THIS DECISION BY THE FDA. DO YOU HAVE ANY UNDERSTANDING AS TO WHY JEWEL IN PARTICULAR WAS TARGETED? WAS IT SOMETHING ABOUT THEIR PRODUCTS? WAS IT ABOUT THEIR PRIOR BEHAVIOR? >> IT IS IMPORTANT TO UNDERSTAND THAT IT WAS NOT TAETED IN THIS CASE. EVERY COMPANY HAS HAD TO APPLY FOR AUTHORIZATION BY FDA TO CONTINUE MARKETING THEIR PRODUCTS. TODAY IS JUST ITS TURN BUT IT IS UNIQUE. IT LITERALLY WAS THE COMPANY

THAT MADE E-CIGARETTE USE BY KIDS FASHIONABLE AND AN EPIDEMIC AND THEY DID SO BY INTRODUCING A SLEEK PRODUCT THAT APPEAL TO KIDS. THE USED FLAVOR AND DELIVERED NICOTINE IN UNPRECEDENTED LEVELS. AND THEN IT TOOK A LESSON FROM THE DIBACCO INDUSTRY PLAYBOOK TO USE IMAGES THAT BY AND LARGE MOSTLY APPEAL TO ADOLESCENTS AND IT WORKED. THAT IS WHY THE DECISION TODAY IS SO IMPORTANT. YOU ARE RIGHT THOUGH. IF WE ARE GOING TO REVERSE THE EPIDEMIC, THE FDA HAS TO APPLY THE SAME STANDARDS TO ALL THE COMPANIES AND REMOVE ALL THE FLAVORED PRODUCTS. REPORTER: THE VAPING INDUSTRY DECRIED THIS MOVE AND THEY ARGUE, OUR PRODUCTS ARE INCREDIBLY USEFUL FOR ADULTS TO WEAN OFF CIGARETTES AND OTHER TOBACCO PRODUCTS. AND CURTAILING THEIR USE IN THE MARKETPLACE IS A BAD PUBLIC HEALTH STRATEGY.

WHAT IS YOUR RESPONSE? >> UNFORTUNATELY, THE E-CIGARETTE INDUSTRY HAS DONE EVERYTHING TO RESIST RESPONSIBLE REGULATION. 10 YEARS AFTER THEY HAVE BEEN IN THE MARKETPLACE WE HAVE LEARNED THEY HAVE LARGELY ATTRACTED CHILDREN A THE EVIDENCE IS STILL INADEQUATE TO CONCLUDE THAT THEY ARE HELPFUL TO ADTS QUITTING. EVERY STUDY THAT HAS LOOKED AT THE POPULATION IMPACT OF E-CIGARETTES IN THE UNITED STATES HAS FOUND IT HAS LED TO A METEOR CRIES IN YOUTH USE BUT NO DEMONSTRABLE IMPACT ON THE PERCENTAGE OF ADULT SMOKERS THAT QUIT. THEY TALK A GOOD GAME. THEY HAVE DECIDED TO MAXIMIZE THE PROFIT OFF YOUTH MARKET. REPORTER: SEPARATELY THIS WEEK, THE FDA FLOATED THE IDEA THAT IT MAY SOME DAY TRY TO INTRODUCE A STRICT LIMIT ON THE AMOUNT OF NICOTINE THAT IS ALLOWED INTO CIGARETTES. CAN YOU HELP US UNDERSTAND FROM A SCIENTIFIC PERSPECTIVE WHY THAT IS IMPORTANT? WHY IS LIMITING NICOTINE IN

CIGARETTES OF HORTON -- IMPORTANT? >> IT IS PROBABLY THE MOST IMPORTANT ACTION ANY INDUSTRY COULD TAKE. WE HAVE TO REMEMBER THAT IN THE UNITED STATES STILL, CLOSE TO 500,000 PEOPLE DIE EVERY YEAR FROM TOBACCO USE. VIRTUALLY ALL OF THEM STARTED AS KIDS AND WERE MOSTLY ADDICTED BEFORE THEY WERE ABLE TO PURCHASE THE PRODUCT LEGALLY. KIDS WILL EXPERIENCE -- WILL EXPERIMENT WITH DANGEROUS PRODUCTS. WHAT WE KNOW IS YOU CAN REDUCE NICOTINE LEVELS TO MINIMALLY ADDICTIVE LEVELS AND IF YOU DO IT RIGHT, SMOKERS WON'T COMPENSATE AND A HUGE NUMBER OF SMOKERS WILL QUIT. FDA ESTIMATES THAT IF THIS WAS TO GO INTO PLACE, 33 MILLION FEWER CHILDREN WOULD BECOME ADDICTED TTOBACCO AND IN THE FIRST YEAR ALONE, 5 MILLION ADULTS WOULD QUIT.

UNDERSTANDING THAT SMOKING KILLS OVER HALF OF ALL LONG-TERM USERS. IMAGINE THE PUBLIC HEALTH GAINS. REPORTER: MATTHEW MYERS, THANK YOU VERY MUCH. ♪ JUDY: 50 YEARS AGO TODAY, TITLE IX BECAME LAW AND FOREVER CHANGED THE LANDSCAPE OF EDUCATION AND ATHLETICS IN THIS COUNTRY. ITS IMPACT ON IMPROVING GENDER EQUITY HAS BEEN ENORMOUS PARTS OF IT ARE ALSO THE SUBJECT OF DEBATE. WE ARE GOING TO LOOK AT THIS IN TWO PARTS. GEOFF BENNETT WILL LOOK AT NEW RULES PROPOSED TO THE BIDE ADMINISTRATION TODAY BUT FIRST, WE START OFF WITH A LOOK AT THE LEGACY OF THE LANDMARK LEGISLATION AND ONGOING EFFORTS TO LEVEL THE PLAYING FIELD. >> FIRST LADY OF THE UNITED STATES, JOE BIDEN. REPORTER: IN WASHINGTON ON

WEDNESDAY, A CELEBRATION TO MARK HALF A CENTURY OF PROGRESS FEATURING LEACHING KING AND JOE BIDEN. >> TITLE IX IS ONE OF THE MOST IMPORTANT PIECES OF LEGISLATION OF THE 20TH CENTURY. IT IS A LAW THAT SPEAKS TO THE IMPORTANCE OF GENDER EQUITY IN THIS COUNTRY IT STANDS AS A BENCHMARK OF GLOBAL SIGNIFICANCE. REPORTER: PRESIDENT RICHARD NIXON SIGNED TITLE IX INTO LAW IN 1972 BANNING SEX BASED DISCRIMINATION IN SCHOOLS. TWO YEARS LATER, AN OFFICIAL FROM HAWAII REFLECTED ON THE DEEP ROOTED CHALLENGES IT ADDRESSED. >> ANY PART OF OUR SOCIETY ADHERES TO A SEXIST NOTION THAT MEN SHOULD DO CERTA THINGS AND WOMEN SHOULD DO CERTAIN THINGS AND THEN BEGIN TO INCULCATE OUR BABIES WITH THESE NOTIONS THROUGH CURRICULUM DEVELOPMENT

AND SO ON AND THEN WE WILL NEVER BE RID OF THE BASIC CAUS OF SEX DISCRIMINATION. REPORTER: TODAY, THE LATE CONGRESSMAN -- CONGRESSWOMAN WAS HONORED WITH A PORTRAIT UNVEILED. THE LAW WAS INTENDED TO ACHIEVE GENDER EQUITY IN THE CLASSROOM AND HAD -- AND IT HAS HAD A MAJOR IMPACT ON EDUCATION OVERALL AND ESPECIALLY REVOLUTIONARY IN SPORTS FROM ELEMENTARY SCHOOLS TO COLLEGES. TODAY, GIRLS PARTICIPATE IN HIGH SCHOOL SPORTS AT 10 TIMES THE RATE THEY DID 50 YEARS AGO. IN 2020, SOME 220,000 WOMEN ARE DISSIPATED IN COLLEGE ATHLETICS. ONE SPORT THAT SAW AN IMPACT QUICKLY, SOCCER. TITLE IX PAVED THE WAY FOR THE NCAA FIRST WOMEN'S CHAMPIONSHIP. FROM THAT CAME THE 1985 FORMATION OF THE U.S. WOMEN'S NATIONAL TEAM WHICH NOW HAS WON WATCH WROTE WORLD CHAMPIONS -- CHAMPIONSHIPS IN THE LAST QUARTER CENTURY.

BUT FOR ALL OF ITS SUCCESS, IT IS FAR FROM PERFECTLY IMPLEMENTED. RACHEL IS PART OF THE REPORTING TEAM. REPORTER: A REPORTING SHOWED SCHOOLS -- JUST GETTING ON THE FIELD IS HARD ENOUGH. WHEN WE TALK ABOUT PROPORTIONALITY, 87 PERCENT OF SCHOOLS ARE NOT PROVIDING ENOUGH OPPORTUNITIES TO WOMEN. WITHOUT MEANINGFUL ENFORCEMENT, THEY ARE ABLE TO STILL HA THESE PROBLEMS AND NOT BE COMPLIANT WITH THE LAW. REPORTER: LAST WEEK AT HER RETIREMENT PRESS CONFERENCE, WNBA LEGEND SUE BIRD LOOKED TO THE FUTURE OF TITLE IX IN AMERICA. >> I WOULD LOVE FOR THERE TO BE A DAY WHEN WE CELEBRATE IT AS PART OF OUR HISTORY. REPORTER: AND TODAY, THE BIDEN ADMINISTRATION PROPOSED NEW RULES FOR HOW SCHOOLS MUST TREAT SEX DISCRIMINATION UNDER TITLE IX.

IF APPROVED, THE REGULATIONS WOULD REVERSE TRUMP ERA RULES. THE PROPOSAL WOULD ALSO CODIFY PROTECTIONS FOR TRANSGENDER STUDENTS. FOR THE PBS NEWSHOUR. REPORTER: FOR MORE ON THOSE MAJOR CHANGES PROPOSED TO THE LANDMARK LAW, I AM JOINED BY AN EDUCATION REPORTER FOR THE WASHINGTON POST. THE BIDEN ADMINISTRATION, IN PROPOSING THESE NEW RULES ARE EFFECTIVELY TOSSING OUT THE TITLE IX RULES INTRODUCED IN MAY 2020 BY THEN TRUMP EDUCATION SECRETARY BETSY DEVOS AND THEY WERE CONTROVERSIAL BECAUSE AMONG OTHER THINGS THEY REDUCED SCHOOLS REPORTING RESPONSIBILITY REGARDING SEXUAL MISCONDUCT AND THEY STRENGTHENED THE RIGHTS OF THE ACCUSED. AND WHAT SIGNIFICANT WAYS DOES THIS PROPOSAL DEPART FROM THE CURRENT REGULATIONS. ? >> IT OFFERS SCHOOLS A LOT MORE FLEXIBILITY. THE DEVOS RULES WERE VERY

PROSCRIPTIVE. THEY REQUIRED LIVE HEARINGS TO ADJUDICA ACCUSATIONS OF SEXUAL ASSAULT WHICH MEANT EVERYONE HAD TO BE IN THE SAME ROOM OR IN THE CASE OF AFTER THE PANDEMIC, EVERYONE HAD TO BE IN THE SAME ZOOM ROOM. IT CREATED AN ATMOSPHERE OF INTIMIDATION FOR SOME PEOPLE REPORTING AND THEY WERE CONCERNED THAT SOME WOULD NOT REPORT BECAUSE THEY DID NOT WANT TO GO THROUGH THE PROCESS. THE PROPOSED RULES ALLOW SCHOOLS TO DO THAT BUT DOES NOT REQUIRE THAT. REPORTER: AND FOR THE FIRST TIME, LGBTQ STUDENTS WOULD HAVE FEDERAL PROTECTIONS UNDER TITLE IX. LOOKING AT HOW THE LAW WAS WRITTEN IN 1972, THERE IS NO EXPLICIT LANGUAGE THAT TOUCHES THAT TOPIC. HOW WOULD THEY HAVE NEW RIGHTS? >> TITLE IX PREVENTS DISCRIMINATION ON THE BASIS OF SEX. THERE HAS LONG BEEN A DEBATE ON

WHETHER THAT COVERS SEXUAL ORIENTATION AND GENDER IDENTITY AND THE ADMINISTRATION WANTS TO MAKE CLEAR IT DOES COVER BOTH OF THOSE TOPICS. THAT MEANS THAT SCHOOLS ARE NOT PERMITTED TO DISCRIMINATE AGAINST TRANSGENDER STUDENTS OR LGBTQ STUDENTS ON THE BASIS OF THEIR GENDER IDENTITY. THEY HAVE TO ACCOMMODATE STUDENTS IN BATHROOMS. REPORTER: AND YET, THERE IS NOTHING IN THE SET OF PROPOSALS DEALING WITH THE RIGHTS OF TRANSGENDER STUDENTS IN SPORTS. WHAT ACCOUNTS FOR THAT DELAY? IS THAT A POLICAL CONSIDERATION GIVEN THERE IS A CONSERVATIVE PUSH ACROSS THE COUNTRY? 18 STATES HAVE FORMALIZED LAWS PREVENTING TRANSGENDER STUDENTS FROM PARTICIPATING IN SPORTS. >> IT IS NOT CLEAR WHY THEYADE THE DECISION TO WAIT ON THAT ASPECT. I WOULD SAY IT IS ONE OF THE MOST CONTROVERSIAL. AND THERE HAS BEEN A LOT OF OR THERE HAVE BEEN SEVERAL STATES THAT A BAND TRANSGENDER STUDENTS

FROM PARTICIPATING IN SPORTS. IT WILL REQUIRE A LOT OF NUANCE D THOUGHT AND I AM SURE THERE IS A FEAR THAT IF THE REPUBLICANS TAKE THE HOUSE AND SENATE IN THE FALL THAT THEY CAN OVERTURN THE WITH A CONGRESSIONAL REVIEW ACT. REPORTER: WHAT HAPPENS NEXT? THERE WILL BE A PUBLIC COMMENT PERIOD. WHAT IS THE EXPECTATION OF WHAT IS COMING AHEAD? >> I EXPECT TO SEE MORE BACKLASH FROM CONSERVATIVES. THAT IS WHAT WE SAW WHEN OBAMA ISSUED GUIDANCE PROTECTING TRANSGENDER STUDENTS. AND RIGHT NOW, IT IS THE STAR OF A LONG, VERY TEDIOUS PROCESS TO MAKE THE RULES. THEY WILL SOLICIT COMMENTS. THE LAST SET OF RULES GOT OVER 100 THOUSAND COMMENTS. I EXPECT A LOT OF PEOPLE TO WANT TO WEIGH IN. THEY WILL WANT TO CAREFULLY CONSID HOW THIS WILL PLAY OUT. REPORTER: IF THIS PROPOSAL IS FINALIZED, IT WOULD MARK THE

SECOND REWRITE OF TITLE IX INTO YEARS. OF THE TRUMP ERA RULES WHICH WERE A REWRITE OF THE OBAMA ERA RULES AND NOW YOU HAVE THE BIDEN PROPOSAL WHICH IS MEANT TO REPLACE THE TRUMP ERA REGULATION. GIVE US A SENSE OF THE PING-PONG EFFECT OR WHIPLASH EFFECT THAT SCHOOLS ARE LIKELY CING RIGHT NOW. >> CERTAINLY THIS IS A REALLY COMPLICATED AREA OF THE LAW AND IT INVOLVES ADMINISTRATIVE PROCEDURES, CIVIL RIGHTS. I THINK A LOT OF SCHOOL ADMINISTRATORS ARE GOING TO BE PLEASED THAT THEY HAVE MORE FLEXIBILITY. THEY CAN MAKE DECISIONS ABOUT WHETHER THEY WANT TO HAVE THINGS LIKE LIVE HEARINGS. THEY CAN DECIDE WHAT STANDARD OF PROOF THEY USE. I ACTUALLY THINK SOME ADMINISTRATORS MAY VIEW THIS IN A POSITIVE WAY THOUGH IT IS CHANGING THINGS. REPORTER: THANK YOU FOR SHARING YOUR REPORTING AND YOUR INSIGHTS WITH US.

JUDY: WE THANK YOU BOTH AND THAT IS THE NEWSHOUR FOR TONIGHT. I AM JUDY WOODRUFF. JOIN US ONLINE AND HERE TOMORROW EVENING. FOR ALL OF US HERE, THANK YOU, STAY SAFE, AND WE WILL SEE YOU SOON. >> MAJOR FUNDING FOR THE PBS NEWSHOUR HAS BEEN PROVIDED BY > FOR 25 YEARS, CONSUMER CELLULAR HUSBAND OFFERING PLANS DESIGNED TO ALLOW PEOPLE TO DO MORE OF WHAT THEY LIKE. TO LEARN MORE VISIT CONSUMER CELLULAR.TV. ♪ >> THE FORD FOUNDATION. WORKING WITH VISIONARIES ON THE FRONT LINES OF CHANGE WORLDWIDE. ♪ >> AND WITH THE ONGOING SUPPORT OF THESE INDIVIDUALS AND INSTITUTIONS AND FRIENDS OF THE "NEWSHOUR" INCLUDING LEONARD AND NORA AND PATRICIA YUEN. AND WITH THE ONGOING SUPPORT OF THESE INSTITUTIONS --

♪ ♪ >> AND FRIENDS OF THE NEWSHOUR. ♪ ♪ ♪ >> THIS PROGRAM WAS MADE POSSIBLE BY THE CORPORATION FOR PUBLIC BROADCASTING AND BY CONTRIBUTIONS TO YOUR PBS STATION FROM VIEWERS LIKE YOU. THANK YOU. ♪ ♪ [CAPTIONING PERFORMED BY THE NATIONAL CAPTIONING INSTITUTE, WHICH IS RESPONSIBLE FOR ITS CAPTION CONTENT AND ACCURACY. VISIT NCICAP.ORG] ♪ ♪ >>> HELLAND WELCOME TO

"AMANPOUR & COMPANY." HERE'S WHAT'S COMING UP. >> THE EVIDENCE OF CLIMATE CHANGE GROWS WITH EACH PASSING DAY. U.N.LIMATE CHIEF PATRICIA ESPINO TELLS ME WHAT NEEDS TO BE DONE NOW. >>> PLUS, CATASTROPHE IN AFGHANISTAN AS AN EARTHQUAKE KILLS MORE THAN 1,000 PEOPLE. >>> THEN -- >> AFFECT MY LIFE IN MAJOR WAY. EVERYDAY. ALL BECAUSE OF LIES. >> THE JANUARY 6th HEARINGS HAVE BEEN EXPLOSIVE, BUT WHAT WILL THEY ACHIEVE? I ASKED DANIEL GOLDMAN, W SERVED AS COUNSEL TO HOUSE DEMOCRATS IN THE FIRST TRUMP