tv At This Hour With Berman and Bolduan CNN December 30, 2015 8:00am-9:01am PST
[train horn] ♪ your ticket to a better night's sleep ♪ this is cnn breaking news. >> hello, i'm john berman in new york. i want to welcome our viewers in the united states and all around the world. the breaking news this morning, a legal bombshell. moments ago, bill cosby charged with aggravated indecent assault in the first degree. sexual assault. these charges filed in montgomery county, pennsylvania, in a case that's about 12 years old. now, dozens of women have come forward alleging that cosby drugged and raped them, but
this -- this is the very first time that he has faced criminal charges. we've learned that cosby himself will appear in court to be arraigned this afternoon. >> these charges stem from a sexual assault that took place on an evening in early 2004 at mr. cosby's home in cheltenham township, montgomery county. mr. cosby is charged with aggravated indecent assault. this is a felony of the first degree. mr. cosby's attorney has been notified of the charges, and he is expected to be arraigned later this afternoon. >> cosby is 78 years old. he faces up to ten years in prison if convicted of this charge. joined now by cnn correspondent jean casarez, cnn legal analyst paul callan and eric guster. jean, this case dates back to 2004. lay it out for us. what is the case, and exactly what are these charges?
>> 2004, andrea constand is the alleged victim. she now lives in canada. she is a massage therapist. but at the time, she was an employee -- she was the director of operations for the women's basketball team at temple university. she was introduced to bill cosby, long associated with temple university, and he became, in essence, her mentor. and he would talk to her about her future and saying he believed in her. he invited her over to his home for dinner on separate occasions. and according to the affidavit for probable cause, the prosecutor is alleging that the first two times that she went over for dinner, that he began to make a sexual advance, and she stopped it. but he was a mentor to her. so she allowed him to stay in contact with her a third time, and this is according to the after gai affidavit of probable cause, bill cosby actually gave her some pills which rendered her unconscious. that is when prosecutors are
alleging that an indecent sexual assault was made. which legally is penetration by a part of the body of bill cosby, as i'm reading in this affidavit and this criminal complaint right here. i did speak with andrea constand's lawyers moments ago. she was informed yesterday that this was going to be happening. and they are forever grateful to the district attorney's office because a decade ago, the district attorney at the time opted to not bring charges, saying there was not sufficient evidence. the current district attorney who just won re-election announced in the press conference that this summer, brand-new evidence became unsealed. that, we believe, was the civil deposition of andrea constand back in 2005. we at cnn, along with "the new york times," were able to get a copy of that 3,000-page document where he is asked questions about the alleged incidents in
2004. and if you remember, bruce castor who opted to not bring charges, he told cnn last year that he had never seen the deposition in the civil case. he had no idea what it said, why he didn't know and why he hadn't read it, we don't know. but the fact is, now brand-new criminal charges against bill cosby and for the first time ever, this would lead to prison time, if convicted. >> all right. up to ten years, if convicted of this charge. all right. jean, stand by. i want to bring in our attorneys eric guster and paul callan. just what happened today? these charges have been filed. cosby will appear in court this afternoon. >> yes, this will be a big moment given all the publicity related to all of the women who have made these charges against cosby. the actual arraignment itself will not -- there won't be much going on. he'll be advised of the charges. there may be a decision about bail, and then there will be a discovery schedule that eventually will be worked out. >> the timing here. my understanding is the statute of limitations on this alleged incident runs out tomorrow.
>> yes. i mean, it's shocking that they were able to put this thing together and file it at the last moment. and what i find especially surprising, john, is that this deposition which the new district attorney said he is largely basing corroboration of his charges on was only recently released. how could law enforcement authorities not have sought that deposition of testimony under oath at a previous date and tried to get it unsealed? certainly evidence of a crime given in a court proceeding under oath should be turned over to a district attorney as part of a criminal investigation. >> there are a lot of complicated legal angles here to be sure, eric. this stems from a civil case. criminal charges were not filed back in 2004, 2005, but there was a civil case and a civil settlement and a confidentiality agreement agreed to apparently by andrea constand and bill cosby, and then this deposition was, you know, was given, unsealed, made public this summer. explain to me how that will play into this criminal case. >> the deposition is exactly why this case has come about,
because that gave the prosecutors enough evidence to go forward. they read cosby's deposition. they read where cosby said he penetrated her. so that gives them enough evidence to move forward. for you, the problem's going to be going through the criminal proceeding is is that admissible? because the courts have to make sure that if they admit something, that it does not overly prejudice the jury with their decision on guilt or innocence. so that's going -- it's going to be a battle of the motions, as we say in trial law. they're going to do everything they can to keep that deposition out of trial going forward. >> but paul, will they be successful in that? because under oath, bill cosby apparently said yes, there was this contact, you know, this is not a comfortable subject to talk about. sexual assault here, he's charged essentially with penetration. he testified to that under oath. will that be able to be admissible? >> well, there are two issues. the first is can you get it into evidence? i think you can clearly get it into evidence because this was not a -- you know, if it was a
law enforcement situation and cosby was taken into custody, they didn't give him his miranda warnings, then he could say it shouldn't be admitted. he voluntarily submitted to a deposition, raised his right hand he was going to elit the truth, it's relevant in a criminal proceeding. but in looking over the deposition, cosby, while admitting that he could frequently carry quaaludes and give them to women says that it was always done on a voluntary basis. and he does not admit ever having sex with a woman who was unconscious or unable to consent. so cosby's people will claim that that deposition does not suggest criminality. maybe bad judgment, maybe a lot of other things, but not aggravated sexual assault. >> well, hang on, eric, because there are some facts here that apparently will be agreed to by both sides. one, that andrea constand was in bill cosby's home, that there was this contact, but the issue will come down to whether it was consensual. >> and consent is the big issue. and this is -- this is the big
issue going forth all types of sexual assault cases. if a person's unconscious or they can't say yes or no, that is not agreeing to sexual assault or sexual contact. that is what cosby's problem's going to be. if he gave this young lady quaaludes, she passed out, or she was aunconscious or delirious, that is not giving consent to any type of touching or penetration. >> even if she took the convey suedes consensually? >> yes. and that is something that is evolving over time when we see people going to parties and clubs and taking drugs. if a woman is unconscious, she can't consent to sex. that's a problem. >> this has always been the law. an unconscious woman cannot consent, and it doesn't even matter that she maybe previously consented. but in this deposition, i noticed, cosby hedged and cosby said she wasn't unconscious when i was with her. she may have taken the drug, but she wasn't unconscious. so there's going to be a fight about that. >> before the jury there. now, does this open the door to
the dozens and dozens of other accusations out there? a lot of other women have come forward and said that bill cosby drugged them or raped them or both. now, these would be what's called, what, prior bad acts, paul. i'm not saying these will result in more criminal cases, but could these allegations factor into this case? could we hear from these women? >> well, you know, the law is very interesting in this area. normally prior bad acts are not admissible because you want a case decided on what happened in this case, not what somebody did 15 years ago. on the other hand, if there's a pattern of conduct that the defendant engages in over time and he uses that same pattern in the commission of the crime, it's relevant. so i say they may get the prior incidents in this case. >> certainly prosecutors will say there's a pattern here, drugs and sex. >> and that's why the prosecution may call in some of the other women, to show this is what cosby typically did in order to sexually assault women. they may not have had the chance
to bring sexual assault charges in those cases, but if they can show that it's relevant to this trial where they can show he did this methodically every single time, that was his m.o., as we commonly say and you see on "law & order," that's what he typically does, it may come into evidence and that could hurt him. >> cosby faces a bigger problem in this case. is there anybody in america who hasn't heard about all of the allegations made against him? remember the "new york" magazine cover with all of the women. i mean, you could fill a school bus with the number of women across america who claim to have been sexually abused by cosby. how is he going to get a fair trial? >> gentlemen, stand by. despite the fact that this has been going on for months and years with women coming forward with allegations, today for the first time, criminal charges filed today for the first time, bill cosby will appear in court this afternoon to face these charges to be arraigned. eric guster, paul callan, stand by. a lot more breaking news this morning. another legal case dealing with the so-called affluenza
teen, the fugitive and his mother, they are now fighting extradition to the united states. we thought they would be back in texas this morning, but there is news about their movement, surprising news. we'll have details next. plus, we're getting word that a united airlines plane has skidded to the edge of the runway in chicago's o'hare airport. so busy this time of year, holiday travel. the 737 from seattle was taxiing to the gate when it tried making a turn. when it could not make that turn in time, ground crews were brought in to pull the plane back on track. the airline expects all passengers and crews to deplane shortly. we'll get an update from chicago just ahead. hey, know-it-alls, you're welcome. now that t-mobile has double the lte coverage you can prove you're right to more people in more places. faulty fuel injector. you showed him. huh, still alive. told you. nailed it! you're wrong. it's that way! ha ha ha! t-mobile's new extended range lte reaches twice as far ,
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again, welcome to our viewers here in the united states and around the world. we have more breaking news this morning. just moments ago, we learned the so-called affluenza teenager and his mother, they are fighting their return to the united states. ethan couch and his mother, we thought they would be back in texas as soon as this morning. we have been told that repeatedly by officials in the united states and mexico. this after they were arrested in puerto vallarta on monday. we have some new video to show you. it shows the mother and son inside a store sometime before their capture. the 18-year-old was a fugitive for three weeks, so was his mother. he had violated probation. he was on probation for killing four people while driving drunk. the news we are just learning now, his extradition to the united states, his arrival in texas, delayed. the question is why? and for how long? our ed lavandera is in dallas with new details this morning. good morning, ed. >> reporter: good morning, john. well, the sheriff in tarrant county in fort worth is telling us that he found out just a
short while ago that there would be no chance of ethan couch and his mother, tonya couch, returning to the united states today. this is because the sheriff has been told that they have filed some sort of court paperwork there to delay their return. so the question now is just how long this delay will last. the sheriff says he isn't sure if it will last a day, several days or several weeks at this point. but clearly, the couches putting a wrench in the plan here today to return them back to texas with this paperwork that has been filed, slowing things down. so authorities here in texas trying to make sense of it all, trying to figure out what exactly the next step is going to be. and also, we're trying to get our hands on those documents as well to kind of get a sense of what the couches are thinking here in this situation. they were captured monday afternoon in this apartment building in puerto vallarta, mexico, far from fort worth, texas, where ethan couch was supposed to have been making, over the last couple of weeks,
meetings with his probation officer. ethan couch obviously in a great deal of trouble as prosecutors are trying to move his case from the juvenile system into the adult system. and obviously even more trouble for his mother who faces a felony charge and up to ten years in prison, john. >> all right, ed. ed lavandera for us in dallas. i want to bring back paul callan and eric guster to talk about the legal implications. paul, they're fighting contradigs to the united states, delaying their return here, but is there any chance they'll win this? >> interesting question. there is an extradition treaty with mexico. however, this throws a real monkey wrench in the process because extradition's an elaborate process. if you think back to the amanda knox case, we talked about it a lot. remember she was tried in italy. the question was could italy extradite her? elaborate procedure that winds up eventually with the attorney general and the secretary of state and a warrant being issued. and in the end, the u.s. has to prove that whatever he's being
extradited for is a crime in mexico, and that the right person has been arrested. and if those two things are fulfilled, generally you are extradited. so he'll be extradited, but it could delay it for three, four, five months, at least, if they fight. >> the idea of justice in this case is a relative term to say the least after what he was sentenced to. and now you have the idea of whatever justice is being meted out here being delayed like this, it's just got to infuriate prosecutors and law enforcement in texas. >> not only prosecutors and law enforcement, but it infuriates the public. when you have a young boy, he was drunk driving, killed four people and got off the hook with probation, that is getting off the hook in anyone's imagination, in anyone's definition of this. then he violates his probation. which means that he just snubbed his nose at the prosecution. he snubbed his nose at law enforcement. and when we're looking at cases like this, and you think of people versus -- being wealthy, versus people who -- the haves and have-nots, the justice
system does not work fairly for both of those people, for the people that don't have. and this young man uses money as influence to get one heck of a deal, and now you're looking at him fighting again. >> you know, is there any way to interpret this, paul, other than they're trying to work the system right now and to thumb their nose at law enforcement? >> well, you know, they're not too smart about it because, frankly, you know, if they had done some research, they should have found a country that did not have an contextradition tre with the u.s. instead they go to a hot vacation spot, puerto vallarta, like who's not going to spot them there? we are dealing with not very smart fugitives. >> we have learned that because he was in the juvenile system, because of the probation violation, skipping town, happened while he was in the juvenile system, he faces a maximum of, what, 120 days? >> four months up to his birthday. but the texas d.a. is going to try to get this case moved to adult court. which means that the ten years that were probated could actually be placed in effect for him. so hopefully he'll get ten years
because he should have gotten that from the beginning. >> thanks so much. >> thank you. we do have another breaking story, a big breaking legal story. bill cosby charged with sexual assault. he is expected to appear in court today. just ahead, i'm going to speak with michael jackson's former lawyer. we're going to talk about how bill cosby will try to defend himself. plus, donald trump holding a rare daytime rally in south carolina. this is his final rally of 2015. what a year it has been for donald trump. and he has new ammunition on the trail, talking about bill clinton, hillary clinton. we're going to dip in live to this event coming up next.
all right. our breaking news. for the first time, bill cosby criminally charged with aggravated indecent assault. this goes back to a 2004 case involving a then-temple university employee, andrea constand. she first came forward in 2005. she was told there was not sufficient evidence, but now a district attorney in montgomery county, pennsylvania, says new information that came to light this summer is enough to bring these charges. the d.a.'s office laid out the alleged crime a short time ago. >> mr. cosby made two sexual advances at her that were rejected. on the evening in question, mr. cosby urged her to take pills that he provided to her and to drink wine. the effect of which rendered her unable to move and to respond to
his advances, and he committed aggravated indecent assault upon her. >> again, just to remind our viewers here, you've heard a lot of charges issued toward bill cosby over the last year or two, but this is the first time, just today, where he's been criminally charged with anything. so joining me now on the phone is criminal defense attorney tom mesereau, best known for defending michael jackson in his 2005 child molestation trial. tom, thanks so much for being with us. the charge here is aggravated indecent assault. in order to prove the case, the prosecutors must prove what? >> well, first of all, proof is the issue. you know, these are nothing but allegations. they're nothing but charges. the prosecutor gives a press conference and speaks as if everything's been proven. nothing has been proven. and it's a long way before they prove every element of the crime charged beyond a reasonable doubt. they'll have to prove beyond a
reasonable doubt that this woman was drugged against her will, which i just can't believe happened. they're going to have to prove beyond a reasonable doubt that a man his age wanted to have sex with her while she was unconscious and under drugs. it doesn't make any sense to me. i think this woman is going to be thoroughly investigated. i think her allegations are going to be dissected bit by bit by his defense team, and she's going to be subjected to withering attacks on the witness stand. this case is far from over. these are nothing but allegations. he's presumed innocent, and he will continue to be presumed innocent until something is proven beyond a reasonable doubt. >> well, the criminal case is far from over. the criminal case, in fact, has just begun over the last few hours. but there has been this civil case out there for some time and a civil settlement in which there was a deposition. you say things are not proven, but there are facts that have been testified to by both sides. in this deposition, the details of which were released over the summer, bill cosby does admit
having this contact with her. >> well, you know, this is deja vu, john. i mean, when i took over the michael jackson defense nine months before his criminal trial, he fired his lawyers and asked me to take over, all anybody was talking about in the media was he paid $20 million to one person. then they said he paid $2 million to another person. the question is why did the celebrity pay money? sometimes it's not with any admission of wrongdoing. sometimes it's designed just to end the whole thing and get them out of the media and stop the problems that can causes for they and their family. when we went into trial in that case, the judge, to my surprise, allowed the prosecution to bring in the fact that michael jackson had settled his case. again, one $20 million, one for $2 million. they said that other young men had made all kinds of allegations, and he was acquitted on every single count. ten felonies and four misdemeanors. just because cosby wanted this thing to end doesn't mean it's an admission of guilt.
>> but in this case we're not talking about the monetary settlement. what i'm talking about is in this deposition, bill cosby says that they had this contact. it's not sex. i don't know that we have an admission of sex, per se, or intercourse is what i should use here, but, you know, there is this admission that there was some kind of sexual contact. >> well, again, it's deja vu because in the michael jackson case, the media was waving the beshear documentary where they claimed that he said there's nothing nicer than to sleep in your bed with a child is what the media was claiming. there was a lot more context to what he said. he denied any wrongdoing whatsoever. and i think there's probably going to be a lot more context to what mr. cosby said. and my understanding is he denied any sexual assault or any wrongdoing. so you can't just take snippets out of an interview and say this is going to get him convicted. i've seen the opposite happen. >> certainly he has never admitted to assault or wrongdoing, no, on the contrary. he suggested it was a consensual act. and won't it come down to that in the courtroom? won't it come down to the issue
of consent if this gets before a jury? >> well, sure it will. it will come down to the issue of credibility. and remember, this woman sought money and got money. so financial motive can come into the question of bias, what motivates someone to make claims, why were they willing to take money and go away? there's a lot more to this than meets the eye at the moment. the media's just swarming over this prosecutor's press conference where he made self-serving statements that haven't been proven. >> well, we covered it because he is an elected official. you know, he's now going to be the district attorney of that county. he has been the first district attorney, assistant district attorney for some time. he's been working on this case for some time. and announcement of the first criminal charges against bill cosby given the dozens of allegations that have been made publicly over the last year or two is certainly an interesting and notable event. i think you will agree that the fact we're covering that, you know, is worthy. tom, you have defended cases like this before.
you have not prosecuted a case just like this before, but given me the other side here. how would you prosecute this? >> well, i don't like to tell people how i would prosecute someone. i'm a defense attorney. and again, it's all deja vu. they said all these young men remember were coming forward to show that jackson had an m.o., and they fell like dominos. it was like bowling pins. one witness was destroyed after another. that may happen in this case. these women have come out years later with allegations. they've jumped on a bandwagon, and i can't believe that these people are all credible. why do they come back so late? >> tom -- >> and you see -- you may see them devastated in a courtroom. >> just a couple more points i want to make. just a couple more questions. first of all, this woman did go to authorities before she filed the civil case, you've accused her of seeking money before anything else. that's not the case. she tried to get criminal charges. she went to the police first. they deemed there was no case. then she filed a sylcivil case. the second thing, have you been
contacted by bill cosby at all? >> well, i would never comment on whether or not someone's contacted me. i would never do that. but look look. again, the same thing happened in the michael jackson case. we said they wanted a criminal conviction to pave the way for a big civil settlement. this woman sued for money and apparently got money and took off, from what i understand. that's going to be a very important issue. because financial motive and financial incentive now goes to bias of a witness. and she may have gone to the authorities so she could get a conviction and get a civil judgment more easily. you know, if you're convicted in a criminal courtroom beyond a reasonable doubt, you simply get the certified copy of the conviction. you walk it over to civil court, and liability is established. the only question is how much. i think the defense will argue that she wanted criminal charges so she could get a bunch of money in a civil case. >> tom mesereau, noted defense, i think you've given us a view
of how he'll defend himself in this case. again, bill cosby to be arraigned this afternoon. charges stemming from a 2004 incident. he is now charged with aggravated indecent assault. andrea constand is the woman involved in this case. attorneys for her have come forward saying that they are pleased that such a thing has happened, that charges have finally come all this time later. and i expect, despite what we just heard from tom mesereau, we'll hear from attorneys from other women who say they have suffered similar instances at the hands of cosby. i expect that we might hear from them in the coming hours as well. tom mesereau, thank you so much. moments from now, donald trump will hold a big rally in south carolina. this is his final rally of 2015. the last time this year donald trump will take the stage and speak to his supporters. this coming as he has new attacks against hillary and bill clinton. what will he say today? stay with us. plus, dramatic video just into cnn. you can see houses covered with water. some being washed away by the
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call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. all right. we have breaking news out of missouri right now. this is eureka, missouri. we are looking at now is a rescue. oh, a dog just taken off of a rooftop into a boat. i believe that man who just went into the water was the dog's owner. we had seen that man and the dog on their roof, on their roof, folks, which is now nearly completely submerged. we saw that boat approach that roof a few minutes ago. they were trying to -- the dog
was incredibly agitated. they were trying to calm the dog down so that they could safely move the dog and the man into that boat. and then you just saw there, they pulled the dog from the roof and the owner as well. you saw the guy briefly fall into those floodwaters. but this just goes to show the incredibly dangerous situation right now taking place in missouri. these floods setting records by the minute this morning. widespread evacuations under way. rescues all over the place like this one we're just seeing right here. levees are being watched closely. entire towns facing imminent threat of going under water. you get a sense of how fast the waters are rising by that roof we just saw, that house almost completely submerged. governor jay nixon has declared a state of emergency and called in the national guard. it's not just one river, it's the mississippi, the missouri, the meramack as well, all expected to crest. to make matters worst,
temperatures there are dropping. this is a rare time of year for this type of flooding to be going on. our team is there. our alina machado is in pacific, missouri, one of the cities being evacuated. we also have jennifer gray in nearby valley park where floodwaters have shut down part of i-44 where some 100,000 people a day drive through there. alina, let me start with you. we just saw a rescue, a man and his dog pulled from a rooftop. just goes to show the situation there now. >> reporter: yeah, and that's exactly what authorities here were trying to avoid. it is incredibly cold. so i can't imagine what it was like for that man and his dog to actually be inside these floodwaters. i want to show you the situation here in pacific, missouri. you can see buildings surrounded by several feet of water. hundreds of people have been evacuated here. so far authorities here tell us that at least 400 homes and businesses have flooded out. what you're looking at is the merameck river. it has been at flood stage since sunday, and it isn't expected to
crest until sometime tomorrow. so this is going to continue here for at least a couple of days. there is a red cross shelter, we're told, that has opened up in town. we're also told many people who evacuated the town are staying with family and friends. floodwaters here are expected to break the previous record of 33.6 feet. that record, john, has been in place here since 1982. >> all right, alina machado in pacific, joined by jennifer gray in valley park also. this is an area where you are right now, the governor told me today he is very concerned. the waters there rising very quickly. what are we likely to see over the next 24 hours in terms of the floodwaters rising and perhaps the weather as well? >> reporter: yeah, well, luckily we are going to stay dry. but it can be misleading. it's not raining, but yet the waters are still rising. that's how these river floods work. look behind me. it tells the entire story, john. look at this water. this is i-44.
that bridge right there and a huge chunk of that is now shut down. 24 miles of interstate 44 shut down from 270 to route 100. and it could be closed until friday. underneath it is highway 141 that runs perpendicular to it. the traffic lights are almost completely submerged right there. so i would imagine that a good 12 feet under water. so we couldsee 41closeduntil monday or tuesday. the missouri department of transportation spokesperson, tom blair, was in our satellite truck a few moments ago and gave me that information. folks that i've talked to, officials that were around for the 1993 flooding say this flooding is worse than it was in '93. and so they are very concerned, hoping for the best, but looking around, they're definitely getting discouraged. john? >> yeah, we can see a man and a boy behind you right now taking a look at something they have
never seen before because the water simpl waters have simply never been that high before, but everyone there needs to be careful. jennifer, alina, thank you so much. we do have more breaking news today in the case of the so-called affluenza teen, ethan couch and his mother, we thought they'd be back in the united states this morning. now we learned they are fighting extradition. they are in mexico. there are new legal developments in their case. we're going to speak live with a former u.s. marshal coming up. the treatments discovered at st. jude help save kids with cancer in like where?verywhere. like here and here. in those spots. donate now at st. jude dot org or shop wherever you see the st. jude logo.
that's why i switched from u-verse to xfinity. now i can download my dvr recordings and take them anywhere. ready or not, here i come! (whispers) now hide-and-seek time can also be catch-up-on-my-shows time. here i come! can't find you anywhere! don't settle for u-verse. x1 from xfinity will change the way you experience tv. all right, happening right now, donald trump on the stump in hilton head in south carolina. while we were on break, donald trump talking about bill clinton, hillary clinton, explaining why he has been bringing up bill clinton's past indiscretions on the campaign trail. let's listen in.
>> they're fed up with them. and they're fed up with those guys back there, the media. they are the worst. they're the worst. no, no, no, they're fed up. they're fed up with the media. i mean, i've got -- and you know, not all bad. but there's so much dishonesty in the media. and i like to call it out. and one of the things that's really been amazing to me, and it's been so beautiful to watch, the level of genius in the public. they get it. you know, they really get it. they want to marginalize us, they want to do all of this, and they want to make everybody look like oh, gee, the level of genius. they fully understand. they know they're crooked. they know they're dishonest, and they -- recognize who gets worse publicity than me? and yet i see a poll at 42%. and you know, you're talking about 15, 16 people, started with 17. how are you? started with 17 people. and you know, i'd be happy with 42, if we had 3, okay?
not thrilled. i'd like to be over that 50 mark, but i think we're doing really well. and you know, it's interesting, but the debates, okay, so the debates -- i love you, too, darling. i love you. i do. i love you. i love everybody -- you know what? the rooms, no matter where, whether it's stadiums or big ballrooms like this one, it's amazing. and there's love in the room. and i told the other night, i said, a friend of mine, very, very successful guy who i would love to have negotiating against china. that's what we need. not these hacks that we have. no, no. i have guys -- carl icahn endorsed me, great business pan. i have great, great businesspeople that want to be involved. and we're going to use -- we have the best. we don't use them. we use political hacks. we use special interest people that really don't care about the country. they care about their deals. this is going to change so fast. you know, last year, $500 billion trade deficit with
china. you know what $500 billion is? you do -- you do 100 dollar bills, you'd fill the room to the ceiling. $500 billion deficit. trade deficit with china. what are we? yeah, i guess the answer is certainly, let's not blame us. our leaders are stupid. and -- and/or -- you have to say and/or they have deals. because what's happened is all of this money is being given to them by special interests, by all of these people, including lobbyists, and these lobbyists make our leaders do -- our leaders, can you believe, our leaders -- but they make the leaders of our country do things that they don't even want to do. because they've given them tens and tens and tens of millions of dollars. when i look at this guy jeb bush, he spent $59 million on his campaign.
and he's down in the grave. he's nowhere. no, no, think of it. it's got to be much more than that. it was actually $59 million a while ago. every time i turn on an ad, i see an ad about trump. i mean, it's not that bad an ad either. you know. you're going to do an ad, do an ad. look, he's a low-energy person, let's face it. we don't need low energy. we need lots of energy. but he spent -- think of it, think of it -- he spent $59 million. i spent nothing. right? nothing. now, i'm going to be spending -- you probably saw i'm going to spend -- we're going to start spending a lot of money because i don't want to take any chances. you know, i love getting up, and for the last couple of months, i've been leading from practically the time i announced, right? and for the last -- leading a lot. i'm going to go over that because i love polls. i love polls. now, if they turn negative, i don't like them. and i promise, if they turn
negative, i'm not going to be talking about them. in fact, i get criticized all the time. you're always talking about your polls. one of these guys has got 2. he's at 2. i'm at 42. and one of these guys who's at 2, he always talks about his polls. and i don't. and i wouldn't either if i had 2. i swear i wouldn't. i wouldn't. i wouldn't do it at all. but, you know, i love to tell the story where i've spent nothing. and bush has spent $59 million. much higher than that. that's just, you know, because i see since then. i mean, you can't turn on the television without these commercials on fox. every two minutes, it's a commercial on trump. you know what he did? it's false advertising. so i killed him in the debate. according to reuters, according to everybody, drudge, who's an amazing guy, by the way, if you don't know drudge, matt drudge. great. he's a great guy. but drudge, 46%. 46%, you have 15 people. now you notice a couple have
dropped down. but 15, 16 people, 46%. "time" magazine, 49%. think of it. slate, 51%. "u.s. news & world report," 69% said i won the debate. i won the debate. right? pbs, public broadcasting system, 69% say trump won. you know o, it is amazing. we have the "washington times at a 52%, and cbs at 62%, and fox las vegas, 66 62%. then after the debate i go home, and i want to know if i look good. looking good is important, right? sometimes it is not so much what you said, but how did you look? and you go home the watch, and then -- that is donald trump in south carolina talking about the polls, and how much he hates the
politicaled a veer tizing, and he is going to be launching political advertising, and the last political rally of the year, and more right after the break. you both have a perfect driving record. >>perfect. no tickets. no accidents... >>that is until one of you clips a food truck, ruining your perfect record. >>yup... now, you would think your insurance company would cut you some slack, right? >>no. your insurance rates go through the roof. your perfect record doesn't get you anything.
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all right. welcome back, and john berman in new york, and the other man on the screen donald trump. you might have heard of him. he is in hilton head, south carolina, in the final political rally of the year. so far in the last five or ten minutes, he has talked about hillary clinton and spoken about bill clinton and jeb bush and none of them, none of the three in particularly flattering terms. i want to bring in former deputy chief of staff under eric c cantor, and doug high, and a senior spokesman for the hillary clinton campaign back in 2008 and the former dnc communications director mow --
mo alifi. and so he opened up talking about why he is speaking about hillary clinton and specifically bill clinton. hillary clinton suggested that some of his statements are sexist, and he says, well, if you are going to be talking about sexism then i am talking about monica lewinski and bill clinton. >> it is good for the rnc, but not overall. ted cruz is assentent in the polls, and he is seen as a more alternative to donald trump and for those who are trying to find a respectable alternative to donald trump. he is throwing it out there like catnip for nose who know that
anything superseded hatred for barack obama is the hatred for bill clinton. so i think it is going to be solidifying some support for him. and is he going to be the nominee? i think that there is a good chance that he is going to be the nominee, and this is going to be solidifying a loft hillary's support for her if she is the nominee. one thing we have seen from time to time is her supporters rally around her when people feel like she is being unfairly hit with this line of attack. and look, we have to remember, this line of attack was used against bill clinton in realtime back in the 1990s. in 1998 in the midst of the impeachment, democrats picked up seats, and it did not hit bill clinton then in real time politically, so i am curious to see why anybody would think it hurts hillary clinton 20 years later. it does not add up to me. i think that if i were a hillary staffer, i would be smile ing
the the more he does this. >> and doug high, you are watching it happen in realtime 2015-2016, and donald trump in the final rally of the year. is this a smart move for him today, and can it work going forward? >> well, it is a smart move for trump in that it continues the conversation that donald trump a has had for months. talk about anything that doesn't deal with how to defeat isis or grow jobs and fix schools, and the trade with china, but he did not add any specifics to. if you want a substantive campaign, do anything but talk about anything but the issues, jeb bush, carly fiorina's face, cell phones, whatever, you will draw the headline, and do well in the polls, but ultimately when you get past the primaries as mo alluded to, you will have to deal with hillary clinton who is a very tough candidate, and every day that trump opens up his mouth, hillary's staffers will tell you, they are smiling. >> but as you noted, it is going
to help him in the polls. he is winning at least in the national polls, they indicate he is winning in new hampshire, and south carolina, a a nd that is t the polls there are saying, and in iowa, he is running a close second to ted cruz, so it is working. so why on earth, if you are donald trump or if there is a thing as a trump strategist, and doug, why would you change it? >> well, no, i i don't believe they are going to be changing it, and if i were advising them, which i would not be doing it, i would say keep on trucking with strategy. he does not have any clothes or answers, so don't put him in a situation to provide them. if he is getting the tough question, certainly jake tapper and dana bash have asked several tough questions, and then talk about the lack of preparedness or the lack of answer, and we will respond to the latest outrage du jour and talk about it for another week. >> and mo, he plans on spending $2 million a week leading up to the early voting weeks, and even
when he does not need ads and anti-political ads and what is the effect going to be if he goes through with it? >> it is hard to imagine the effect, because the guy, and he said it himself, he is $35 million under budget, and he has not spent any money to the catapult to the lead, so it is difficult to know how much it will help. and donald trump does have to worry about ted cruz right now. he is asen dent, and marco rubio is hanging around there, and they have the best shot of knocking him out of the perch, but this kind of ad late in the game coupled with the media savvy is going to help counter whatever ascendency those guys have. >> and if you are as rich as donald trump says he is, why haven't you been spending the money? >> he hasn't needed to. >> so, happy new year to both of you. and nobody is more relaxed than
two political strategists who are not work on a campaign right now. >> amen to that. >> happy new year. thank you all for joining us at this hour. a lot of breaking news happening today. today. "legal view" starts right now. -- captions by vitac -- www.vitac.com this is cnn breaking news. hello, everybody, i'm randi kaye in for ashleigh banfield. we start with the flooding pictures in missouri. we have seen homes and people rescued from their cars and homes. this is the area, valley park, missouri, and the rivers are several feet over flood stage at this point, and the rivers have not crested. that is not going to happen until tomorrow night, and several feet over flood stage already. this house in the st. louis area float floated completely off of the foundation. and there it is right there. and it started moving as the floodwaters s