CNN's Don LemonDon Carlton LemonBiden to take part in CNN town hall in Baltimore George Floyd statue vandalized in NYC's Union Square two days after unveiling Biden's candidness can get him in trouble MORE argued late Monday that questioning Democratic presidential nominee Joe BidenJoe BidenJan. 6 panel lays out criminal contempt case against Bannon Overnight Energy & Environment — Presented by the American Petroleum Institute — Democrats address reports that clean energy program will be axed Two House Democrats to retire ahead of challenging midterms MORE or his running mate, Sen. Kamala HarrisKamala HarrisHarris to campaign with McAuliffe in Virginia Harris to highlight drought, climate change in Nevada trip Senate GOP signals they'll help bail out Biden's Fed chair MORE (D-Calif.) about court packing is not "legitimate" because it is based on a "hypothetical," with the anchor adding that he feels the issue is a "distraction from the Republicans and the president."
Lemon made his case during a handoff with anchor Chris CuomoChris CuomoThe Hill's 12:30 Report - Presented by Facebook - Arizona recount to show Trump's loss by even wider margin Former co-worker accuses Chris Cuomo of sexual harassment in NYT essay Tucker Carlson says he lies when 'I'm really cornered or something' MORE while discussing last week's vice presidential debate between Harris and Vice President Pence. The event's moderator, Susan Page, did not broach the topic, prompting Pence to ask Harris directly if she would pack the Supreme Court.
"It's not a legitimate question in that during the debate, the vice president raised the question, the moderator didn't raise the question. This is a hypothetical," Lemon said. "Joe Biden has said twice, at least on tape that I've seen, how he feels about court packing. And I feel it's a distraction from the Republicans and the president."
"Then why doesn't he answer it?" Cuomo asked.
"Because he doesn't have to," Lemon replied.
"Well, he doesn't have to 'answer' anything," Cuomo said. "You don't think it's going to affect people's trust quotient?"
"No, no because people aren't worried about that," Lemon argued. "People are concerned about, if you want to know specifically about the court, people are concerned about the Republicans switching and being hypocrites in saying 'This is an election year.' That's what people are concerned about."
"People are also concerned about where they're gonna get their health care from, are they gonna die from COVID, they're worried about their preexisting conditions," Lemon said before later adding, "I think it's a red herring because you don't want to talk about how [Senate Majority Leader] Mitch McConnellAddison (Mitch) Mitchell McConnellOn The Money — Democrats tee up Senate spending battles with GOP The Memo: Powell ended up on losing side of GOP fight Treasury to use extraordinary measures despite debt ceiling hike MORE has packed the court over the years. Mitch McConnell has packed the courts, so if you want to ask about packing the courts, why don't you ask Mitch McConnell?"
"[Packing the Supreme Court] is never, ever, ever going to happen," Lemon concluded.
The perspective comes as Biden continues to be pressed on the topic of expanding the Supreme Court if elected. On Friday, the former vice president was asked by a reporter in Las Vegas about the issue and if voters deserved to have an answer on it.
“Don’t the voters deserve to know where you stand on court packing?" the reporter asked.
"No, they don’t deserve,” Biden retorted. “I’m not going to play his [President TrumpDonald TrumpTrump goes after Cassidy after saying he wouldn't support him for president in 2024 Jan. 6 panel lays out criminal contempt case against Bannon Hillicon Valley — Presented by Xerox — Agencies sound alarm over ransomware targeting agriculture groups MORE’s] game.”
Biden later told a Cincinnati TV station that he's “not a fan" of expanding the court.
“I’m not a fan of court packing, but I don’t want to get off on that whole issue. I want to keep focused,” he said on Monday. “The president would like nothing better than to fight about whether or not I would in fact pack the court or not pack the court, et cetera. The focus is, why is he doing what he’s doing now?”
Just 32 percent of adults support increasing the number of Supreme Court justices, according to an ABC News/Washington Post poll released this week.