tv Legal View With Ashleigh Banfield CNN January 4, 2016 9:00am-10:01am PST
it guarantees that the nobody else is going to get any oxygen, and that helps him in the primary, but not the general election. it did not hurt bill clinton in 1988 in the midst of impeachment, and it is not going to be hurting him all of these years later. >> thank you, mo elleithee and mike shields. "legal view" with ashleigh banfield is going to start right now. this is cnn breaking news. and we are going to be beginning with the financial news in the stock market taking a plunge, and look at the numbers of the dow jones industrial average now down 423 points plus, and you can blame some brand-new fears over the economic slowdowns, and as well as some unrest in the middle east, and the sell-offs starting in china and now hitting here. the u.s. markets. cnn's chief business correspondent christine romans
up all night watching, this and you predicted it and said that everybody should buckle up this morning when the market opened up. >> yes, fear and pain started this morn, and it starred in china. and manufacturing number that is weak there, and it is the second largest economy in the world. and when china sneeze, everybody else gets a cold. the manufacturing number is hurting the chinese market, and the chinese stock market is halted, because it plunged so far they stopped the trading, and then look at what happened, down to tokyo and frankfurt and germany, and stocks are plunging double what is it here in the u.s. and those european markets have closed now, and we are left with the u.s. trading that is still very, very soft here. you mentioned the international unrest in the middle east, and that is in here, and very, very big concerns about iran, saudi arabia, and fur the ther destabilization in the middle east, and the proxy wars and further instability, and that is
in these numbers, too. >> and we were down south of 450 earlier which took the dow below 1700. you are seeing the numbers there, and what is the mental significance and the psychological significance of going below 17,000. >> well, it is psychological, and we had two ugly days like this in september, and two days back-to-back when we lost 500 points in august which is china fears, and last year's big fear of the economy slowing down, and having a crash landing is a new fear here. and people are buying gold, and buying bonds, and the scaredy cat investments. >> and i have to wrap it here, but when it is gloom and doom and awful, and isn't the stock market on sale today? >> if you are a periodic ip ves or the, you want the stocks if go down every now and then, because you want to buy more. and so you want them to go down once in in a while to buy them. >> and don't buy a lottery
ticket, but put the money in 529 and the 401(k). >> and get back online if anything else starts to plunge, christine romans. ap pree appreciate it. and we have this, the first full week in the last full year in the office of the president of the united states, president obama now addressing what he calls the biggest disappointment of his presidency. a failure to the tighten the gun law laws in the wake of mass shootings that happen everyday. i did say it, everyday in in country. we literally mean it, because apart from san bernardino and aurora and all of the places like new town, this country does average more than one shooting that kills or injures four or more people everyday. so that is a mass shooting, folks, and there is a mass shooting-plus everyday. two hours from now sh, the president is on this, and he says that he is due to meet with the u.s. attorney general among others, and he is planning actions to take by himself
without having to deal with congress to keep the guns away from people who should not have them. and white house correspondent michelle ckosinski has more on that. and if you were on the heels of the legislative action, he would have been on that long before thi this? >> yes, he has been, this is is a long time coming, and remember a couple of months ago after another mass shooting that the president announced that he and the president were going if be looking at laws, and areas of the law where they could work to take additional executive action, and remember, he did it three years ago, and dozens of executive actions on the gun control, but did a lot of the the americans notice it? no, his critics said that the actions didn't have any teeth, and the white house said, well, as president, there is only so much we can do without congress. so to dday, the president is taking additional action and we know that because he is meeting with the attorney general, and the fbi and the atf and a number of democrats who are in the
house gun violence prevention task force. so he is meeting with people who have been advocating this, and working on this, and so, it is really imminent. the big question is how far is this action going to go, is it going to have teeth, and then if it goes far enough, is that just going to generate lawsuits that could then hold up that same executive action which is what we have seen with other actions that the president has taken. we know that he is looking at background checks. and that is something that has been talked about for a long time, and what we expect is for him to expand the background checks involving the gun seller who are considered part-time or private sellers. how many people that will encompass and how far it will go is what we are waiting to see. and there could be other areas ta h, too, he will be touching on and people who have been convicted of the domestic violence, and expanded, and expanded funding for enforcing the existing laws, and is so we
will wait and see on that. >> okay. michelle, keep an eye on things, and report back to us when there is something to report on. and also, there is a white house briefing that michelle is going to go in to be there for, and it is scheduled in about 25 minutes. we expect the press secretary josh ernst to be asked about that the legislative action. and meanwhile, there is a poll that came out just before christmas, and it is showing a lopsided show, and nonetheless, those running for president and republicans are deadset against the new executive orders. donald trump was in a phone-in interview on new day this morning, and have a listen. >> it is supposed to be negotiated. you are supposed to cajole, and get people in the room, and you are supposed to deal with them, and you have republicans and
democrats and all of these people, and they are elected to do this stuff, and you are supposed to get together and pass a law. he doesn't want to do that, because it is too much work, and so he doesn't want to work too hard and go back and play golf. >> hmm. i wonder if you are up for the political part of it, we are joining in skwoewey jackson and danny cevallos. and joey, starting with you, the federal law that exists a already that limits background checks for gun dealers, and it exempt exempts a person who makes occasional sales, exchanges or purchases of firearms for the enhancement of a personal collection or for a hobby or who sells all or part of his personal collection of firearms. and is so what can the president actu actually do with an executive order? >> it depends who you ask. and now, keep a couple of things in mind, and the first of which is that presidents since george washington, 1789 have been issuing the executive orders, and it is not something specifically stated in the constitution, but the president is the executive, and the
executive orders are quite common, but where you get into trouble, ashleigh, is whether the president is treading on the congressional authorities that are not vested in the executive. what am i talking about? we know that the congress passes law. and if the congress passes the law, and the president mere ly enforces and administers the law, to what extent the president issues an executive order, and to what extent is that a u sur pags of -- usurpation of the executive order, and to what authority does he have to issue and enforce federal law, and other than issuing a directive to the existing agencies on the laws that already exist. but if you are congress and say that is too broad and you did in to 2013, and we said no, and if you do, we will take you to court similar to the immigration fight. >> and i want to paraphrase, but
donald trump said that he does want the president to be changing the second amendment. to be clear, an executive order does not change the amendment? >> right. the president problem with executive orders is that there is virtually no constitutional or statutory authority for them, and the argument is that they are limitless, and the president i issues the executive order, and it is not subject to the traditional order of processes which allows for the judicial review, and the problem is that we don't have a well defined power in the the executive power. so then, if the argument is that it might undo the second amendment, and of course, the executive order does stop at the wallf of the constitution, but the question arises, can an executive order change the rights that swirl around the second amendment, and the best ex example of that is the current debate, and can he provide for increased restrictions without striking the second amendment and the right to own guns, and
can you increase the requirements for sales, and increase background checks. that is the issue. ultimately the executive orders are issued without that representative government process, and that is donald trump's main argument against it. can obama issue it with almost no review or repercussions. >> and a fact that people bring up is that the mass shooters are people who would not are have had a problem where the background checks if they had it already and bought the guns legal legally, but also, donald trump said it, and i will un-sign it. i don't know how you do it, but how do you do that? >> as the executive, it is the executive's prerogative and we have an electoral system, and it provides for if you are the elected president, you do what is appropriate for the elective representative of the people, it is not uncommon for a president who comes into office to make
po policy announcements that shift or break with the predecessor, and that is what is going forward you will see, and it depend depends who gets into the white house, hillary clinton, barry sanders and president trump and whoever is elected in terms of the future. >> and the executive orders have tremendous power, but they are only as powerful as the current sitting president that issues them on the first day of office, the new executive can rescind them, strike them, do whatever he or she wants with them. >> and guys, i have to leave it there, but i don't want you to go too far, because i have at love things on the menu for you. it is 2016, and a whole nlot of new things to tackle. if you are excited about the state of the union address coming up, you don't have to wait, because you will see this president right here live on cnn and the president is going to join my colleague anderson cooper for a live audience town hall on this issue, gun s s in america. yes, i said live. i don't know that it has happened before and we are fact-checking to see if a sitting president has ever had a
live town hall cable news channel right here at 8:00 p.m. eastern, and tune in for that, because anything can happen. and a couple of big firsts for the the race of 2016, bill clinton making his first solo appearances on the trail. and donald trump launching his first big tv ad blitz. the effect of all of that is next. hi! every mom is a coach... an artist... sometimes even a zoologist. every mom is a working mom... and it's working moms everywhere who inspired us to work harder. so we made our banquet meals even better. with mashed potatoes now made with real cream and chicken strips with 100% natural chicken breast. so now, there's more to love with banquet. now serving... a better banquet. while you're watching this, i'm hacking your company. grabbing your data.
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clinton on the stump for his wife hillary, and sans hillary, too, and doing it without hillary and the first in the campaign. this is the key primary state the of new hampshire where he is, and he spoke a few moments ago about this race. >> sometimes i follow this debate in the presidential elections, and especially when i watch the other guys debating, and i think this, you know, i don't fit anymore. first of all, i'm a happy grandfather, and i'm not mad at anybody. and secondly, i thought that the elections were more of a job interview. >> and now joining in dana bash and brianna keeler who is following the clinton camp today. and so, now, for the former president to go out for his
wife, and he has been taking it on chin for those who will think that they will eventually run against his wife. and a lot of it is personal, and did he bring a lot of it up? >> no, he didn't. and he has been coming under fire certainly from donald trump who has called him a great abuser of women saying that hillary clinton opened up this criticism by saying that donald trump has a penchant foris exism. we didn't hear any direct acknowledgment of that, ashleigh, but what i thought that was interesting from the bit that you just played is that bill clinton seemed to be giving a vale e ed -- veiled commentar donald trump, and he did allude that ainnger is motivating a a t of people. and also, he highlighted a lot of examples during his speech of muslims doing heroic things both here in the u.s., and also overseas. he ended the remarks by talking about qualities that he thinks
that his wife has that will serve her well as president, and he stressed temperament. so it seemed that he was like addressing some of the tone that we are hearing coming from donald trump or the republicans. and another thing that is really interesting is that he didn't focus on the women's issues. he focused on what hillary clinton has achieved as a woman, and being a lady lawyer, as he put it, and quoting, and an old crusty judge in arkansas who said that pejoratively to hillary clinton, and he talked about what she has done for children, and the middle-class and for minorities instead of really focusing on women's issues which obviously would have opened him up to some criticism perhaps or really just some, i guess, contrast about what is being said about him, and maybe what he had said today, ashleigh. >> if you could wrap this one up quickly, because in the comments that we just aired talked about how he was a sort of a political, and grand father, an that he doesn't have is any anger against anyone, and it is a different time for him, and
different dynamic for him to be up on the stage, there and he may seem apolitical at the top of the speeches, but make no mistakes, it was very political, wasn't it? >> oh, yes, very political, and this is what the campaign wants from bill clinton and that is how they consider him an asset. and a lot of the observers, the democrats and the republicans, agree he can take a message and wrap it up, and it maybe does not seem so blatantly political, and more of a narrative to it, but there was a lot of politics in the speech today. >> all right. hold that thought for a moment, because i want to get dana bash in on this other side of the coin. donald trump doing something that he has not done until now which is spending money on the television ads and it is a doozy, too. and i want to play for the audience before i ask the question, dana, the first of
the campaign ads to air. take a peek. >> the politicians can pretend it is something else, but donald trump calls it radical islamic
terrorism, and that is why he is calling for the temporary shutdown of muslims into the united states until he can figure out what is going on, and he going to the quickly take the head off of isis and take their oil, and then quickly build a wall in is southern mexico that they will pay for. >> we will
make america great again! >> and dana, the audience is going to be thinking, hey, i have seen plenty of donald trump on tv, and what do you mean he is now just launching the ads. can you explain it? it is so hard to believe. yes. i was told by a trump source that they had $25 million set aside in 2015 to run ads like this. and they didn't spend a dime. not one dime. why is that? cable news, the network news, the internet, the what, 140 kascharacters on twitter that h uses to communicate with 5 million twitter followers that
he has, and he didn't have to do it. and so the question is why now? and the obvious answer is, well, we are four weeks out, and he wants to get the message out in the most simple controlled, concise way. and it is really not going to get anymore simple than, you know, focused than what you just heard in that particular ad. >> yeah. i sprained my teeth on the word trump over the last three months, so i concur with you 100% [ laughter ] >> and dana on the strategy of what he is doing, and how much of the gobs and gobs of money on the ads are going to be in iowa and new hampshire right out of the gate, and how much of it going to be reserved or what do we know for the end of the race, and what could be tight and sticky towards the end of the summer? >> well, it is a great question. the answer is because he says that he is self-funded, we don't know how much he has reserved from his own bank accounts, but i do know are from talking to trump sources that they are
prepared to counter attack. he likes to say that he is a counter-puncher, and not the puncher, and they are preparing to as we are closer and closer to the actual voting to have the other candidates going after him pretty hard. so far, he has been able to use his, as we say in the business, earned media, or the free media to go back to hit the other candidates. for this last run, he is planning on potentially using paid media, tv ads to do it if he is hit hard. that is what i am told by people inside of the trump camp. >> than ing you, dana bash for that, washington. and brianna keilar in new hampshire, you have your work cut out for you, and no vacation until june or actually july. thank you, ladies. >> there is an armed protest going on in oregon, and if you don't know about this. there is a government building under siege, and schools closed and the the communities on edge, and it is bringing to the mind other actions like ruby ridge
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government land grabs is going back many years, and what they are hoping to gain is not really clear yet. sarah s sara sidner is there, and you have had a chance to speak to the leader of the protest about what he and the others are doing. did they clarify anything to you? >> yes. actually, ed bundy is here in charge of the protest, and they feel that the government has of stepped the bounds and gone past what the constitutional lous in taking up and buying lands from the states or locals, and they have talked about the ranchers, and here to support the ranchers and the farmers, including the two ranchers sentenced for arson who went to prison and spent time in jail, and came out of prison and then told because of the court case in an appeal that they had to go back to prison and serve more time for the crime. they were very angry about that, and they came here, an encouraged others to come here,
but then they did something that is not in line of the hammonds who are the people who are going to be turning themselves back into prison today. what they have basically decided to do is to take over this headquarters here. we are about 30 miles from anywhere. the closest town is burns, and it is 30 miles from here, and this is the wilderness, and it is a wildlife refuge run by the federal government, and they have decided to take it over. they said, look, we are not hurting anybody, but we want to take a stand here, because we feel that the federal government has overstepped the bound, and the federal government says this is public land, and you can't take over one of our buildings. then we talked to them about what people are saying on the social media, because there is a big argument of what to call this group. are they patriots? terrorists? militia? what are they? >> reporter: there is a lot of the social media discussion about what you are all doing out here, a here, and they have have used
words like y'all-qeda and vanilla isis, and though they are funny names, how would you respond? >> well, i would encourage, and one, that is the minority, but i encourage people to look into what is really happening, and find out who is truly doing the terrorizing, and who has been taking the ranches. this refuge alone over 100 ranchs have been taken, so that they can make this park, this refuge. >> and what they want, they want to take this land and give it back to the local government like the county so that the ranchers and the farmer can take it back and start raising their families and working the land. ashleigh, this is what is going on here, and these are the first pictures of daylight, and the flag, and they have covered the sign with the flag, but up there on the tower, there is someone up there who is looking down and surveying anybody who comes in and out of here from that group. there is also a couple of the guys in front of the entrance
where you drive down to that building where they have taken over, and at this point, they are saying that we will be here for as long as it takes. ashleigh. >> be careful. that is disconcerting to hear, that and make no mistake here, sara, and we want to be clear, no police has shown up, and so there is no standoff, but it is just them and a building and arms at this point, correct? >> that is correct. nobody are from the federal government, the state government, the local government, and nobody is out here, but them and us basically. >> well, like i said, be careful because i don't like to know that somebody is up in the tower to keep an eye on thing, and you never know what can happen. thank you, sara sidner. i want to bring in the legal issues on this, because there are many. and legal analysts danny cevallos, and also, former navy s.e.a.l. and army specialist and attorney jon gilliam is here
with us. and is so, what i clarified with sa sara, they have entered the the build building illegally, and what are the crimes that have been committed here? >> potentially many. bringing a firearm on to federal property, and threatening federal employees, and things that a creative prosecutor could come up with. >> and to make it clear, there are no federal employees there. >> and if they get on the phone and say, if you come here, bang, bang. and we are spit firing here. and you have trespass on to federal property, and so when you talk about the first amendment, and the right to the assemble, and protest, those are generally dealing with the public lands. it is a little bit different when you enter into the unoccupied building, and by the way, state burglary laws make a distinction between the occupied and unoccupied buildings, but it
is still a burglary. and the fact that it is unoccupied does not immunize these people from a potential t jonathan, and if you have been in the business like we have been, we have had two decades ago ruby ridge, and waco, and there were multiple deaths there, and what lessons have been learned by the federal authorities in how to deal with this and maybe what are we seeing play out that has spoken to us about what they have learned in the other two instances? >> well, it is great question, because when it comes to the lessons learned, i can't tell you what they have learned, because that i have repeat ed te mistakes over and over again. i know that the agents have been brought up in different mindsets since those things happened, so maybe they are a less likely the to go in to charge into this incident. one thing that i hope they have seen is that where there is no dialogue, conflict will happen. so you have to have dialogue.
look, nobody is in the building except for them, and nothing but land around them, and everybody should have calm heads, and the government should come in and talk and discuss what exactly is the problem. what are these people wanting? >> and for all we know, there are phone calls ongoing between the government officials and the protesters. >> and the protesters also have to make their demands clear, because that is always a problem whether it be with the black lives matter movement or occupy wall street, a majoritive people don't know what they want, and the people who have a solution don't know what it is, so that has to be known. >> and so, danny, if law enforcement shows up, and ar are rests be made, and god forbid any lives lost or violence ensues, does it make a difference of how long this goes on in terms of the charging or the sentence. >> well, it could. depends on the creative pros cue
to, and what they decide to charge them. everyday, they are going to be committing additional counts and instances of occupy iing this federal property, and brandishing a gun on federal property, and making threats to federal officials, and these are all serious crimes. and of course, there is a jubilee of state crimes as well, and you can be prosecuted in state court as a separate sovereign, and it depends on the creativity of the prosecutors here, and the area of where they view all of this particular action in the geographical part of the country which makes a difference when it come ts to t prosecutorial discretion, and there is a difference of midwest and lesser rural eareas, and th more urban areas when it comes to the group of citizens who decide to occupy a place armed or unarmed, and that is the way it is in the ud. >> as a reminder, we don't know if if government has had extensive conversations via televisions with the ammons or
anybody else in the group. so i have to wrap it there, and like you said, the infractions could be mounting and clicking along as we are speaking. >> and you have to be careful with the inflammatory language, and montel coming up on twitter saying that the national guard should come on and they should be killed is ridiculous. and using the word terrorists while they are occupy iing a building. >> and former military member, too, montel. >> yes, we have to be careful of that language. >> than theing you, john gillia and danny cevallos, thank you for coming on. and now, the trouble of saudi arabia and iran, and it may be a long ways away, but other people are getting involved in this mess, and what does it mean for the gas prices, and your soldiers? a lot of questions unanswered at this point.
>> overseas, saudi arabia's execution of a prominent shia cleric is certainly causing a problem. it is now provoking a regional crisis. this morning bau rain and sudan joined saudi arabia in severing all of the diplomatic ties with the shia-led government of iran. a and the the united arab emirates is downgrade iing the ties to teheran. all of this after the shia protesters went at the embassy, saudi embassy in teheran in retaliation for the execution of dozens of alleged terrorists including the dissident shia cleric nimr nimr.
and so fred pleitgen, people are looking at that mess in how does it affect life here, and what happens over there, and how long does it take before we really feel it here in america? >> well, you know, it is, ashleigh, a very strategically important region for the united states. you look at how much oil is in the region, and especially with these two countries, and iran and saudi arabia and how big the oil reserves are, and how much oil they put into the international market and you can see how important it is to americans as well. we have seen the oil volatile today on the heels of the crisis going on. so par the oil price has not gone up, but it is certainly something that could happen if this crisis gets worse, and it is certainly one that has been getting worse, and really has been affecting the stability of that entire region which is of course one where the administration, and especially secretary of state kerry has been trying to create order. if you look for instance at the crisis in syria where iran and
saudi arabia are involved in a pr proxy war against one another with the saudis supporting groups opposed to the syrian president bashar al assad, and the iranians are supporting bashar al assad, and so it is volatile, and the countries have been going at it for a while, and it is the case that over the weekend the tensions have begun escalating a great deal and very, very quickly. just a couple of hours ago, the saudis came out and went one notch up, and said they are cutting all ties with the iranians as well, and babing all flights between the two countries, ashleigh. >> and the be clear, there are muslims all over the world who are counting to go to saudi arabia for the annual pilgrimage, the hajj, and what is saudi arabia is going to do for all of the iranian muslims, and it is a rite of passage, and you have to do it. i mean, are they going to be making an allowance for it? >> and that is a good point, ashleigh, and the saudis have
made an exception for it, and there was a press conference by the saudi foreign minister where he announced the changes, and that all flights are going to be banned and saudis cannot travel to iran anymore, and he specifically says that iranians who want to go to the hajj will still be able to do so, and of course, that is something that is a lot more difficult considering that there is no diplomatic presence by the saudis in iran anymore, and however, it is still possible for iranians to go to the hajj, and to do that, but nevertheless, of course, a lot of people are very concerned about what is going on between the two countries. t the u.s. is calling on both sides to go back to the diplomacy to sort it out as fast as possible. >> yeah, because it is mounting, these countries are dropping like flies. all right. fred, thank you for, that and thank you, fred pleitgen in our london bureau. >> coming up next, i know that you have heard the story of to young man, and a guy who got a gift from a judge, probation after he killed four people in a
drinking and driving accident. then he took off to mexico. and this is the picture of him with his hair kied dark brown, and yes, he is the affluenza teenage, and it looks adds though at this point, he might prefer being in a mexican jail than come ting to the u.s., butw long will that last? that is next. i'm here at my house, on thanksgiving day and i have a massive heart attack right in my driveway. the doctor put me on a bayer aspirin regimen. be sure to talk to your doctor before you begin an aspirin regimen. go talk to your doctor. you're not indestructible anymore. oh no... (under his breath) hey man! hey peter. (unenthusiastic) oh... ha ha ha! joanne? is that you? it's me... you don't look a day over 70. am i right? jingle jingle. if you're peter pan, you stay young forever. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico. ♪ you make me feel so young... it's what you do. ♪ you make me feel
a texas teenager whose so-called affluenza defense helped to keep him out of prison after a drunk driving case that killed four people, he is still in the government lockup in m mexico. ethan couch was arrested with his mother, tonya, in puerto vie yar ta, about a week ago after having skipped out of on his probation of killing four people while kroodriving impaired in 2. and that mother, tonya couch,
she came back to the united states last week, and she had company with her, u.s. marshals, and the pictures are going to tell the tori. the mexican judge said that ethan could be fighting the deportation orders that are swirling around him. joined on the phone now by ethan's newly hired and prominent mexican attorney fernando benitez. can you hear nme? >> i can barely hear you, ashleigh, but i am here. >> i will be as clear as i can. thank you for being on the phone with me today. what are the circumstances of your client right now? is he going to be deported or extradited? >> as far as we know, we are only dealing with the deportation. that is precisely what we were retained to ascertain, whether or not there will be a formal extradition petition to ensure
that he navigates the extradition procedure in strict accordance to the law. >> and so, does he want to the come back to the united states or is he in preference of being exact ri where he is, and i would think that is an uncomfortable mexican holding. >> well, it's with one of the n newer facilities. it is not a lockup, and it is not a prison, but you are not free the to go. it is a migratory station, and as the name implies, it houses migrants whose migratory status is being put under question until such a time as they may be released back into the country or deported back to their own countries. so that is where he is right now. your question is a very valid question, and in fact, i don't e know. i expect to confer with my client for the first time tomorrow, and i exactly that is my first question to him -- do
you want to contest the deportation or not? if he does not want to cop test -- contest it, we will desist are from the federal injunction, and then he will be delivered unto the american authorities e immediately. if he decides for any reason to explore fighting -- >> can i stop you for a minute -- >> and if he wants to explore fighting the government on that, then we will advise him on that. >> i want to ask you about the deportation, and why you can fight that and the extradition efforts because it is going to require the united states to contact the mexican authorities and make that request, but first, i was taken aback. you have not had a chance to talk to him yet? >> no, not yet. my associates in guadalajara talk t talked to him for a short length of time on the day that the federal stay was in place.
he was asked by the federal judge to ratify the complaint that i filed on his behalf, and he did so. that's when my associate got a chance to speak to him briefly. >> so tell me what your did your associates say, because i cannot imagine it is the first question that he -- >> well, i don't know, and you would have to ask him, but i was informed to him, and explained to him the nature of what we were doing, and just affording him a chance to take a step b k back, and reflect upon the possibility of going back versus staying in mexico, and that is all. he just asked him whether or not he wanted to ratify the stay, and he said tat he would, and he signed the proper paperwork, and this is it. more than that i could not elaborate. i was not present. >> and help me out, if you can, because i respect the privilege, and so i understand as well, but here in the united states, the prevailing wisdom is that he left because he was seen on the video on a beer pong party, and that would be a violation of his probation terms, and then he
left to mexico to avoid being arrested and thrown in jail. did he say that he was in mexico for any other reason? >> he did not say, and of course, that would be a matter for his american counsel in texas to answer. i am not a licensed attorney to practice law in the united states. i do not know his case, and i have not read the case file in the united states. the only thing that concerns my firm right now is his deportation and/or extradition. that is it. >> have you heard are from the u.s. authorities on the exta dission, and has anyone from the united states made a request of the client via you or your colleagues to extradite this young man back to texas? >> the short answer is no. i'm told that today, we have no for mamal extradition requests? >> and the long answer, have you received any? >> well, no. in fact, we believe that the authorities are using the
deportation which is an executive prerogative here in mexico whereby the executive branch can deport any foreigner without cause and without a trial when ever they deem fit. they are yuzusing that in lieu an extra traditidition would re them to have cause and other requisites that may not be present in this case. >> so if it is deportation, and tell me where i am wrong in what i am about to say. as i understand it, the u.s. citizen can cross over the mexican border and be in a zone close and proximate to the border and stay there 72 hours without any infringing on the visa issues. but if they go outside of that zone, they have a 180-day tourist visa where they are not breaking any laws coming to your
country. and is that what you are are hinging that he has not broken the mexican laws, because he was within a tourist visa law there? is that accurate? >> well, i don't know whether he had a tourist visa, but most of the time at the point of entry, you are required as a foreigner to record your entry. that is it. to just record the entry. if you don't record that entry, officers might be, feel compelled to deport you. but you can come right back the next day. there is no sanction, and it is not a crime. it is an administrative infraction. that is all. it might be, and i'm not saying that it is, and i still haven't gotten the response from the proper migratory authorities, and that is what the case is going to be about, but we are venturing to speculate that he might have committed an administrative fault.
if he did so, he has an administrative responsibility. but to the extent of our knowledge, he has committed no crime mexico. >> well, i so appreciate you taking the time with us. i want to put u you on the spot on live television, and i want to ask you, mr. benitez if you will join us again on the program after you have had your first conversation with the client ethan couch to talk about how he is doing, and all sorts of questions that you may or may not be able to answer given the privilege restriction? will you say that at least? >> well, we believe at my firm at least that the public has a right to be informed. the public's exercise of that right sometimes take as a toll on us, and we have been answering calls all morning, and we haven't been able to conduct business normally since last friday, but we believe that people need to be informed this is a case which will illicit
many different feelings. most people are feeling outrage, and most people are questioning the morality of what is going on. we will put the information that we can legally put out there for people to make up their own minds up, and decide what they want to the think and believe. of course, to the best of my ability, i will make myself available and my partners to answer the public's questions through the press, yes. >> thank you. and we followed your exemplary work when you defended the u.s. marine who crossed there and for an extend ed amount of time. >> and that is a popular case in the united states, but when he was released they were ecstatic, and the mexicans have not been pleased with the dropping of the charges, so we are have learned in the 25 years in this field that we cannot make everybody happy, so what we will do -- >> well, you would make me terribly happy if you would come
on the show tomorrow. i have to cut it there. i am sorry. >> and we will try to help him out -- >> and i am running long on time. and whether he want ts s the go the stay, and we will help him do whatever he decides to do without passing any moral judgment. >> thank you so much, fernando benitez, and the phone call is in for tomorrow's live interview. thank you, and we will be back live right after this. you premium like clockwork. month after month. year after year. then one night, you hydroplane into a ditch.
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i want the get you live to the white house briefing room where press secretary josh earnest is being questioned about the president's signing of an executive order in regards to gun control legislation. i want to get to the question and answer. >> -- preparing for a legal fight, and whatever he announces could be implemented right away, or do you expect it to be tied
up in the the courts for the perhaps rest of his presidency? >> a lot of the work, or part of the work that has gone on behind the scenes to take a look at what the president can do using the executive authority has been grounded in the knowledge that the gun lobby and the republicans in congress who reg you larly do their bidding are going to be looking for ways to stop it, and we know that they are likely to try to pursue a creative legal theory to presvet the implementation of the rules, and that is why the president wants to make sure that the executive actions that he takes out are going to stand up in a court of law. a lot of the work that has been going on has been to ensur