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tv   Americas Choice 2016 Washington Primary  CNN  May 24, 2016 6:00am-8:01am PDT

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most allergy pills only control one inflammatory substance. flonase controls six. and six is greater than one. flonase changes everything. we are following three big stories this tuesday morning. the tsa's head of security, out, and hundreds of screeners speeding up the line of security. will the new moves cut down on your wait? plus, new clues in the crash of egyptair flight 804, coming from a grim source, the morgue. what the evidence could tell us about the flight's final moments. and the first criminal case against bill cosby set to begin just moments from now. he could come face-to-face with his accuser for the first time in a decade. we're live at the courthouse. well, good morning, i'm pamela brown, in for carol
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costello, shaping up to a busy tuesday morning. a lot to cover, including the latest on the race for the white house. we begin with sky high frustrations at airports across the country. the security chief for the tsa, kel h kelly hoggan is out. accusations of mismanagement. raising some major red flags. why hoggan was paid $90,000 after a scathing report by the feds highlighting security failures across the country. let's get to cnn aviation and government correspondent, rene marsh. >> that's right, pamela. major leadership shake up at the tsa, this as passengers complain about the painfully long airport security wait times. now, the head of tsa security operations made $90,000 in bonuses, paid to him in $10,000 increments, and that was on top of his a base salary.
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he received that money, when tsa failed to detect fake explosives and weapons, 95% of the time during covert testing. on top of that, as you know, airport security lines are not getting better. a prime example, pamela, of washington, just not working. the shake-up happens two weeks after members of congress grilled the head of tsa, peter neffenger why hoggan was getting a handsome salary and bonuses, despite his poor performance. within the internal memo that cnn obtained, we also learned that tsa plans on creating this command center, which would in real time monitor airports and their wait time ss so they can allocate resources as needed. clearly, they've heard the calls to do better. pamela. >> do we expect, rene, in the wake of this tsa official being out more heads to roll with all this controversy surrounding the
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long lines at the airports and so forth? >> this is we're going to start. we're going to see how things roll on from here. this command center shows that they really are zero focused on getting those wait times down. again, this command center would allow them to monitor in real time what those wait times are like at airports across the country that will be reported to the command center, and if they need to reallocate resources, they'll be able to do that. so we're getting indications here that they're trying to do what they can to cut down those lines. of course, as i said, two weeks ago, the head of tsa got quite a lashing from congress passengers will have to wait and see. >> all of us do who fly. rene, thank you so much. another big story we're covering. any minute, bill cosby could come face-to-face with andrea constand.
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cosby's attorneys will argue the case should not go to trial and prosecutoring will try to peel away the love of a tv dad. sarah is outside the courthouse. when do we expect bill cosby to arrive, sarah? >> reporter: any minute now. the hearing is to begin at 9:30, pamela. nowhere was bill cosby more loved than here in his hometown, just united states side of philadelphia. now, this is the place. this is the courthouse where he is facing criminal charges. three counts of aggravated in decent assault against a woman named andrea constand who was the director of the women's basketball team here at temple university, who says that back in 2004, cosby had her over to his house, gave her blue pill, and then sexually assaulted her. constand was the first woman to come forward and make accusations like this against bill cosby. that was more than 12 years ago.
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since then, we know that more than 50 women have come forward and made similar allegations, but this is the only criminal case he faces. all of those other cases were barred from criminal court by the statute of limitations. they've been limited to civil lawsuits. this is different. if this hearing goes forward and he is sent to trial, he could face jail time in this case. now, as we wait for the hearing to begin, it is unclear if andrea constand will take the stand and testify against bill cosby. he has remained mostly silent through all of this, but it was his own words, pamela, that shocked us all last summer, when a civil deposition was made public, or at least parts of it were made public in constand's civil case in which bill cosby admitted he got a prescription for quaaludes and used them giving them to women who he wanted to have sex with. now, bill cosby has denied all of the allegations of sexual
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assault against him in this particular case, pamela. he has said that the contact between himself and andrea constand was consensual. >> a lot to follow here, sara. we'll be following the story. in the meantime, we're going to discuss it. joey jackson and attorney and legal affairs, a reeva martin. thank you both for coming on. my first question, after l listening to the report, to move forward to a trial, cosby's defense will say the encounter with constand was con essenti . >> this is an arrangement. this isn't a full trial. the legal standard is much more lower, much less than what it will be in the trial. in the trial, we're going to be
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looking at beyond reasonable doubt. it is by a preponderance of the evidence. all they have to show to the judge, not a jury in this case, is that there is enough evidence to move forward to the next step. the next step in this case being an actual trail. so the prosecutor doesn't have a very heavy burden this morning with respect to what they have to establish, and in fact, they can put forth evidence via affidavits. they don't have to put on witnesses to actually testify. i don't expect constand to be here this morning, and even if she is here, it is not likely that she will take the witness stand. it is likely that the case by the prosecution will be made via other witnesses, and via affidavits. >> and what about that deposition, joey, where he admitted to giving quaaludes to women he wanted to have sex with? how could that play into all of this today? >> could be significant, but here is what it is. and good morning to you, pamela, areva, any criminal or civil case, they're separate matters.
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as areva, there a low standard, is there reasonable belief that a crime was committed. in this instance, remember, this was revisntedrevisted, because l deposition that he gave under oath way back when in 2006, 2005, so as a result of that, in recharging him or deciding to charge him, rather, it played big. how did it play big? it played big i think in three ways. the first way is this. cosby gave a statement to the police when this happened, or whatever happened happened. the police interviewed him. he ga i ha he gave a statement. the prosecutor can look at what he said to the police versus the deposition. what is at issue. what he told the police concerning the drugs or benadryl or the the herbal supplement. here is the second big issue.
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quaaludes, he was interviewed in the deposition concerning, hey, did you give quaaludes to other women, and what was your purpose in doing so. so there was significant admissions there, and the third thing is, the civil aspect of it opens up this whole pandora's box with respect to other accusers. finally, because doye expei do is proforma, they're going to try to lock in certain testimony. the big issue at trial will be the extent to which the judge allows or does not allow any of those alleged accusers to come forward and say you know what, he did the very same thing to me. that's powerful and damming evidence. it's also prejudicial. that's what a judge has to balance. >> a big question. what about the other women. 50 plus women. but areva, back in 2005, the prosecutor had decided at that time that there wasn't enough evidence to move forward with this case to press charges. could that impact constand now?
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>> well, we know, pamela, that the defense team has argued that that promise, that statement by that former prosecutor, should have been binding, and that the entire trial should have been dismissed. the judge rejected that argument in early motion practice, but we should expect the argument to be renewed by cosby's defense team. we should expect them to argue that this is a witch hunt. the current prosecutor ran his entire campaign making a promise that he would try bill cosby. not because the evidence was there to support criminal prosecution, but because he saw it as a way to bootstrap his career, and to advance his career and become a prosecutor in this particular county. so this is going to be -- >> i just need to interrupt you for a second, because we see bill cosby right here arriving there at that courthouse, where that 9:30 preliminary hearing, the big question is, will he face his accuser. andrea constand, we know her attorneys just arrived. bill cosby is not expected to
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testify today, but he is arriving there for this preliminary hearing. joey, on that note, do you think that's a good strategy for bill cosby's defense attorneys to not have him testify in this case? >> absolutely. you know, generally at a preliminary hearing, pamela, the way it works, again, the prosecution just lays out enough evidence to establish a prima facie case that we have enough to go forward, we're charging you we have a legal basis to char charging you. what are the counts. we know there is a count you didn't consent. there is another one concerning were you unconscious or incapacitated, and finally, the theory, that he gave her drugs that incapacitated her so he could have his way with her. i do not expect or anticipate that bill cosby will testify at all. it would be a poor strategy if he did so. the defense is simply going to lock in their theory of the case and they're going to really try to, you know, get every witness that is there to commit to a
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story so when it comes to trial, they could impeach them if there is any prior inconsistent statement. did you say at the hearing versus the trial. >> we're watching bill cosby go through security there in the courthouse in anticipation of the hearing to get underway at 9:30. so what will happen next, areva, if he sets a trial date? >> we can expect, pamela, to see extensive motion practice. joey alluded to that earlier about the statement of the 50 or so other women that have come forward. the question is, what will happen with respect to the women. we know many of them would like to testify. they would like to tell their story about their encounters with bill cosby, but the judge will have to decide. is any of that other testimony relevant. does it have anything to do with the charges that have been filed against bill cosby in this case. we know the prosecution would love to put on that testimony, because it would like to establish some pattern of
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congress with respect to bill cosby and women. however, the defense is going to fight very hard to keep that testimony out. to argue that it is irrelevant, it has no basis for any of the charges in this case. so we should expect both sides to file motions as they try to define what the case will look like as they move forward to trial. >> and joey, just putting the defense hat on for a second, how would you argue that testimony from these other women would be irrelevant to this case? >> pamela, that is a huge issue in the case. sheer why. because there a big distinction between propensity evidence and what you really did. in the event, for example, that i learn if i'm i a juror you did this once, you did d twice, you did it three times, four times, it doesn't become about what you did now. it becomes about your propensity to do it, and since you did it yesterday, the week before, the year before, clearly you did it here, no matter what the evidence is. so i'm going to argue it is prejudicial and certainly a defendant has a right it a fair
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trial. if you let all of the accusers in, the jury wouldn't be a assessing the current guilt, they're going to be assessing his modus oprandi. it is technically admissible under the rules of evidence. the judgment is whether it is admissible, so prejudicial, i can't let it in. if the judge does allow other women to testify, i suspect it would be very limited and i suspect that there will not be a whole lot. >> couldn't the defense argue, these are accusations from these women, he has not been convicted or these other cases. >> no, absolutely, they can do that. but then it becomes collateral. that's another issue. you know, what are we here for, ladies and gentlemen. what are we here to assess. we're here to assess what if anything bill cosby did as it related to andrea constand. not as it relates to 50 other women, 40 other women or anything else.
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let's limit the issues. let's focus the jury. let's not confuse them, let's not allow them to speculate. let the case be about what it is about. that's what happened if anything to andrea constand. >> let's take a look at some of the -- >> can i -- >> go ahead. >> i was going to say, with respect to that point, agree with joey and the problem with allowing those 40 or 50 other women to testify, you could end up having many trials with respect to each woman. because you raise the point, pamela, how do we know any of the accusations are true. they haven't been vetted. at this point they're just accusations. if the judge allows them to testify, then the defense has an opportunity to try to impeach their testimony and to bring in other witnesses and other evidence to cast doubt on the validity or the truthfulness of that testimony. that could make for a very prolonged and extended proceeding in this particular case. >> yeah, absolutely. that could really open up a can of worms. looking at what he is charged with here, three counts of aggravated in decent sexual
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assault, second degree felony, what kind of punishment are we taking about here potentially for bill cosby. >> let me say this. keep in mind, he is 78 years old. if you look at this and look at the punishment being ten years, i would suspect if he is convicted, he would get, if he is convicted, you know, a long way from that, but he would get concurrent time. what that means is three counts, i don't think the judge would give him ten, ten and ten. so i think, but even ten years for a person of his age and look at him, as he is walking into the court, pamela, he is holding on to someone. can he see, not see? i don't know what the nature of his health is. ten years could be a life sentence for him. the judge in factoring in from that, we're along way away from that, even though he is facing ten, no indication the judge would max him out if you will on that charge. >> okay, areva martin, joey jackson, we appreciate it. we're going to be keeping an eye on the hearing. it starts at 9:30 eastern time. we'll be talking to you again
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soon. still ahead on tuesday morning, attacks and sinsults take center stage, as donald trump and hillary clinton exchange war every words. bernie sanders saying the democratic could be in his words, messy. we'll tell you why, up next.
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turning now to presidential politics. the primary season trudges on with voters in washington state casting their ballots today. donald trump, the last man standing, focusing on november and hillary clinton. both candidates are dredging up the past as they launch new attacks on each other. cnn phil mattingly is here with morning. >> good morning, pam. this primary season hasn't been for the meek. no question about it. things will escalate going forward, and there is a reason why. this is a critical moment for both hillary clinton and donald trump's campaign. this is the time you define your owe pone nenl. this is why we're seeing
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attacks. attacks that deal a lot with the past. >> we are going to unify the democratic party, and stop donald trump! >> hillary clinton, taking a new line of attack against donald trump, her campaign painting trump as a greedy billionaire in a new ad. >> i hope that happens, because then people like me would go in and buy. >> haback to trump's comments before the 2008 housing market collapse. >> if there is a bubble burst as they call it, you know, you could make a lot of money. >> clinton, swiping at the presumptive nominee on multiple fronts before a union crowd monday. issuing a warning about trump's four bankruptcies surrounding his casino holdings. >> he could bankrupt america like he has bang rupted his companies. >> tried and true assault, trump's temperament. >> the last thing we need is a bully in the pulpit.
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>> all, as the billionaire continues to hound bill clinton's past infidelity, sending one of his top advisors to swipe at hillary clinton. >> she overregulates, overtaxes, overpromises and doesn't deliver. >> hostility, spreading, with both candidates facing record high negatives in the most recent polls. trump is getting new support from capitol hill. in the form of tennessee senator, bob corker. >> his approach to foreign policy, that's something i want to hear more about. i heard more about it today and i appreciated that. >> though corker is still down-playing talk that he may be high on trump's vp list. >> i'm not angling for any job. the best way to not end up in a position like those is to angle for it. but i have no indication whatsoever that i would even be considered. >> pam, the intrigue over who will be donald trump's running mate, still continuing on and
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likely not to get a good solid answer until july, at the convention. it is important, as you keep an eye on donald trump heading ban on the campaign trail in new mexico, hillary clinton in california. these attacks are only going to continue to escalate. as we mentioned, record high negatives for both of these candidates. both candidates seeing the opportunity and driving the others negatives up going forward. hope, change, positivity, those are things i don't think we're going to see a lot of. >> a lot of mud slinging in the next five months. get ready. buckle up. thanks so much, phil. hillary clinton and donald trump getting increasingly nastier in thaeir attacks, here to discuss, gina lauden, a trump supporter. >> good morning. >> good morning, pam. >> so this morning, top aides for both campaigns, right here on cnn, and here is what they said. let's listen.
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>> if he wants to keep talking about these old allegations, i think it will just deprive him of the opportunity to actually make the gains he needs to with critical voting blocks, including female voters, who he is doing so poorly with. >> you don't have any plans to return in kind attacks, you know, obviously he's well has had a dubious past at times with women, but you guys aren't going to go there. >> we're not interested in waging this campaign in the gutter. >> all he is doing is giving the facts. >> no, no, no. >> he is giving the facts. >> he knew the facts in the '90s. >> all bs. >> a private citizen, who was friendly with the clintons, and he was trying to protect a friend. all right, now it's a different game. >> all right, so there you hear from both sides, gina, to you first. we heard from trump's vp, we heard from trump himself, controversies about the clintons will be a central part of trump's case against her this election season.
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do people really want to hear about this instead of specifics on fixing the economy or foreign policy? is that the right strategy? >> well, you know, time will tell, i guess. one thing i did observe is that hillary clinton started talking about how she is such a defender of women, and donald trump brought up the fact, hey, then, why aren't you defending the women, you know, like juanita broderick, hush money, if you bring up the topic of gender to begin with. it was effective, because this week, she is not talking about gender any more. mr. trump's strategy there at least was effective. >> but there is clearly a move to focus or maybe it's not a move, it is stained with what his strategy has been all along, to really stay focused on scandals and stay away from specifics and issues. what do you make of that? why is that?
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what's behind that? it is clearly a strategy? >> i think that mr. trump so far, i think, has a style. hillary is playing by the old school establishment playbook. donald trump is writing a b playbook of his own, that none of us, including me are completely prepared for or could predict. i don't think hillary -- >> or understand, frankly. >> but it's working for him, michael and the old ways may not work against donald trump. he has changed the landscape. let's be honest. what does hillary clinton need to do. she is coming out and saying i'm not going to focus on certain things about him, i'm going to focus on his denimeanor and job qualifications. what does she need to do to really hit home against trump? >> hillary clinton is a serious adult who is running for
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president of the united states of america. donald trump only wants to talk about personal issues or make personal attacks, because he has no ideas. he has no plans. no specifics. and can't talk about what he would do as president of the united states of america, because he doesn't know what he would do. he will have, you know -- he changes his position on a daily basis. multiple times a day. depending on the controversy of the moment. of course, he does not want to get into a policy debate. a specifics debate. a real debate about jobs. about the economy, about public safety, about children getting an education, about how to make america safe on the homeland and abroad. of course, he accident wadoesn' talk about those issues, because he has no idea. >> honestly, why does he need to -- >> and only attack hillary clinton. >> in your view, why does he need to? he has kept it vague and --
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>> he has gotten this far with a narrow -- he is only talking to a smaller portion of the american public. republican voters in primaries. the general election is a totally different -- >> i talked to some well educated people who are trump supporters, i've talked to some well educated people who are trump supporters and he is appealing to them too. >> oh, that's an interesting combination, well educated people who are trump supporters. i mean, that's, you know, that's an interesting combo there. there are a whole bunch of other folks who are not trump supporters. >> i'm sorry, sir, what you said about mr. trump supporters? what are you saying, sir, that we're not well educated. that's a gross generalization. >> i never said that. >> that's a nice spin, gina. that's a nice try, spin, geena. >> policy differences, i was patient during the time that you were basically bashing mr. trump. if i can respond, please.
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the entire time mr. trump has been very clear, he wants to lower taxes, especially on lower income families. secretary clinton has been very clear also. he she is going -- >> why doesn't he release his tax returns. >> the tens of billions of dollars, there are some clear policy differences, all the way down the line between the two of them. i think mr. trump has been very specific. in fact, if you go to his website -- >> if you go to his website -- he should release his tax returns. >> to use generalities yourself and say that he speaks in generalities, it really says more about -- >> it does. >> the depth of your knowledge. >> one minor -- i know a lot about mr. trump. i know a lot about mr. trump. if he wants to talk about taxes, he should release his tax returns. explain to the american public for a couple of years, he paid no taxes. he should explain how he could
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champion, how he could trumpet the -- >> he has explained all that, sir. he said he will release his taxes when his audit is over with. he can't release them until the audit is -- >> the irs. >> he can release them. that's not true. >> the audit is not holding him back. >> yeah, i mean -- >> the internal revenue service said that. he doesn't want to release his taxes because he has something to hide. >> i think if we're going to about things that we want to know, how about knowing where in the heck hillary made all the millions and millions of dollars in just the six years during her term as secretary of state. >> gina, you may have missed -- >> now she has more than $100 million. >> 33 years of tax returns by hillary and president clinton. you may have missed that. but donald trump -- >> someone who has always been a publicly employed person, for many of her life and her
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husband's life and therefore, a matter of record. that's a different thing than a guy who has been in business, had more than 500 -- >> gina, he is running for president of the united states. >> i have let you all go over the time limit, because this was a great, lively discussion. thank you both so much. this conversation will continue. still ahead on this tuesday, human remains from flight 804 being kmmexamined in the cairo morgue. what they could reveal, up next. . windows 10 is great because i need to keep organized. school, grocery shopping. my face can unlock this computer. that's crazy. macbooks are not able to do that. "hey cortana, remind me we have a play date tomorrow at noon" i need that in my world. anything that makes my life easier, i'm using. and windows is doing that.
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officials at a cairo morgue say human remains found so far show no signs of an explosion, but there is still no word of terrorism or mechanical failure that brought this jet. family members are offering dna
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samples to identify the victims. nic robertson joins us from a x alexandr alexandria, egypt. >> reporter: while they're able to examine the body parts, they've been given 15 bags that have been recovered from the scene so far, they describe these parts as being very small, while they've been able to examine them, their priority seems to be the dna identification of who they may have, who they may have recovered so far. the families are coming forward, 39 families, of giving dna samples so far. 66 people aboard the aircraft. one of the critical tests say they'll need to do, this is going to require more time, one of the critical tests they would need to do would be to test for explosive residue. they say that will take more time and something that is complicated by the fact that the human remains have been in the
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water for a while. so this, so far, they can say there is no evidence of an explosion on board. they're not able to advance any theory at the moment of precisely what brought the aircraft down. of course, out at sea, a huge effort to try to locate the plane, no marrialarge parts of so far have been found. 18 separate groupings have been recovered. they've been recovering more than they've shown us, but the tests on the body parts so far do not show an explosion on board. there are more tests to be done. >> a long way to go in the investigation. nic robertson, thank you very much for bringing us the latest there. still ahead, right here in the newsroom, bill cosby arriving in court moments ago. his criminal court case
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underway. bernie sanders says the democratic convention could be mess messy. we'll have more after the break. with usaa is awesome. homeowners insurance life insurance automobile insurance i spent 20 years active duty they still refer to me as "gunnery sergeant" when i call being a usaa member because of my service in the military to pass that on to my kids something that makes me happy my name is roger zapata and i'm a usaa member for life.
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well, bernie sanders digs in issues and a new warning to democratic. the national convention could get messy. in an interview with the associated press, he said if things get chaotic, so be it. >> it's going to be messy, you know. democracy is not always nice and quiet and gentle. that's where the democratic party should go. >> you think the convention could be messy? >> so what. the democracy is messy. everyday, my life is messy. but if you want everything to be quiet and orderly and allow, you know, just things to proceed without vigorous debate, that's not what democracy is about. >> meanwhile, hillary clinton is focusing on the threat of a trump presidency, and declining an invitation to debate sanders
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in california. with me now, cnn political commentator and anchor for new york 1 news, errol louis, and contributor to the atlantic. thank you both for coming on. peter, first to you. sanders was asked about this messy convention comments on the "today" show. let's listen to that. >> the media often takes words out of context. the context of that was that democracy is messy. that people will have vigorous debate on the issues. >> will the convention be messy? >> well, of course it will be, but everything, that's what democracy is about. >> so what is your reaction to his comments, peter? do you think they could be misinterpreted and spark chaos or a fair point here, look, this is democracy, this is how it should be. >> like him or not, bernie sanders feels like he represents a movement. he is not a typical politician. i think the best analogy would
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be jesse jackson, who bernie sanders supported. sanders is not as transactional as pol other politicians. he believes in things and moves the democratic party to the left and he and his supporters are willing to fight for those, even if it means a fight at the convention floor that hillary clinton folks might not want. >> the democratic committee is now saying sanders supporters will make up one-third of all seats on the party's platform committee. this is significant. in your view, is this the dnc making a concession to sanders? >> it is very much a concession. one in fact that i think the dnc may come to regret at some point. one of the people they're putting on, cornell west. he is a radical. he has goals that go far beyond what the convention might want with the democratic party might want. and he is not going to be shy about making those needs and wants and desires known.
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this is apart of the bernie sanders movement that really is in some ways using the democratic party and using this election the way you would use a rental car, a one way trip where you want to go. the metaphor, family car, go from here to there and use everyday. so yes, it is a concession. the chair of the dnc, really has control of all of the seats, and they did not have to give any to bernie sanders or to anybody else. they could have all been hand picked. >> why did they give it to him do you think? >> here is the other side. the party platform is nonbinding. i don't know what is in the party platform and neither do you. we haven't talked about it for four years. the same is true on the republican side by the way. there are no penalties for violating the party platform. there is no guidance that goes out to local candidates. there is really, you know, in some ways, it is very symbolic. it is a symbolic gesture to acknowledge there are different factions within the party that all voices should be heard and that if they want to make the
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party at least symbolically stand for this or that proposition, say, you know, free tuition for college and so forth, they seem to be comfortable with that. but actual kroefl of tcontrol o convention and who is on the ticket, that's going to remain in the hands i think of the party establishment. despite this gesture. >> you raise a good point, the rental car. peter, it makes you wonder what bernie sanders' end goal is here. getting a bigger voice at the convention may not be enough for him sanders may want influence over the cabinet picks if she becomes president. what is your take on all of this? what do you think his end goal is? >> it's important to remember that bernie sanders is not just the cause of this. he is a symptom of it. we are dealing in both parties with a long-term political fullout of the financial crisis. it has shifted on economic issues, significantly to the
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left. so when hillary clinton goes, and if she wants to choose conventional people with a wall street background to talk economic positions, she is going to get a lot of push back if she becomes president, not just from bernie sanders but from elizabeth warren and from other democrats. you saw this when barack obama could not choose larry summers, former treasury secretary to head the fed. there is more resistance from the left wing of the democratic party now on economic issues than there was before, and sanders represents that, but it is bigger than him. >> so it's bigger than him. on that note, you know, some may argue that sanders is actually hurting the chances of a democratic being president because there is this decisiveness within the democratic party. republicans are coalescing around donald trump. we saw the numbers yesterday. they're neck and neck. what do you think? >> everyday, every news cycle is precious. everyday spent refuting charges or getting into a back and forth
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with bernie sanders is a day that the party as a whole, the democratic party as a whole is not preparing for the big showdown in november. so to that extent, yes, it is a distraction, yes, it could be a problem, yes, it could -- could it end up costing the democrats the election. that seems unlikely at this point. but that's why this question of messy really is sort of pivotal. if it gets messy and goes beyond the convention or if there is a big ugly demonstration, the eyes of the nation are on the convention, then that really does set back things in a very serious way. right now, though, the back and forth, not all that serious. >> we have a lot of time before the convention and even the general election. thank you very much for sharing your analysis. still ahead on this tuesday, the battle to retake fallujah, the forces attacking isis by land and air. i try hard to get a great shape.
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the battle to drive isis out of the iraqi city of fallujah is now under way. new images show iraqi troops clashing with isis militants just outside the city. the iraqi army started its offensive this week after months of preparation. meanwhile, u.s. forces have been pounding isis targets for days, and new at this hour, we are getting information that a u.s.-backed kurdish offensive against isis is taking place right now in raqqah, syria. cnn's nick paton walsh is live with the very latest. nick? >> reporter: pamela, limited what we know about this move to the north of raqqah. it is not, i'm told by kurdish
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sources, aimed at the city center itself but more to the countryside in the north. activists reporting heavy clashes there and a plethora of statements and videos from the syria democratic forces. they're the u.s.-backed coalition of kurds and sunni arabs who have been mustered together to try to move towards raqqah, but this announcement and this clear military action, because there are clashes certainly happening there, is of no coincidence happening at the same time as the iraqi military offensive against the other isis stronghold of fallujah. the idea to try to strain isis by having them under attack in multiple different cities. now, the raqqah offensive, i'm told, potentially limited in scope. the fallujah offensive got under way yesterday. there seems to have been a slight ebb in fighting so far today but the big concern is for the people trapped inside. 10,000 families trapped inside fallujah. 80 of them got out in the past four days. three, in fact, dying as they tried to flee. the fear being that as the artillery being used by many of
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the shia militia helping the iraqi army gets into full effect, with he could see more civilian lives lost and potentially a horrifying scene in that city, and one more complex scene evolving in syria around raqqah. >>. >> your heart goes out to those families. the next hour of cnn "newsroom" begins after a quick break. doesn't it seem like the wireless world today could use a smile? families. the next hour of cnn "newsroom" begins after a quick break. that's why, prices for plans are all in, taxes and fees included. and we've got more 4g lte coverage nationwide than t-mobile or sprint. that's a whote lotta network for not a lot a dough. it's what makes cricket the happiest place in the whole wireless world. it was all pencil and paper. started out, the surface pro is very intuitive. i can draw lightly, just like i would with a real pencil. i've been a forensic artist for over 30 years.
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good morning to you. i'm pamela brown in for carol costello. thank you so much for spending a part of your tuesday morning with us. at this hour bill cosby is in court after arriving at themont montgomery county courthouse. cosby could come face to face with andrea ckocon stands.
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cosby's attorneying will argue this case should not go to trial. prosecutors will try to peel away the image of a beloved tv dad. sara ganim is outside the courthouse with the latest. >> reporter: good morning, pamela. just a few moments ago bill cosby making his entreance into the courthouse. he gave a wave of acknowledgment to the media that is gathered here. there were also some supporters on the street, just a handful, cheering for him as he walked in. you know, nowhere is there a place where bill cosby was so beloved than this place, his hometown just outside of philadelphia, and it is here at this courthouse where he now faces criminal charges. three counts of aggravated indecent assault against a woman, andrea constand the former director of women's basketball here at temple university, and she says back in 2004 bill cosby had her over to
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his house, gave her some blue pills, and then sexually assaulted her. now, she was the first to come forward back in 2004, more than 12 years ago, and make allegations like this against bill cosby. of course, since then more than 50 other women have also come forward and made similar allegations, but here in montgomery county, this is the only place that bill cosby faces criminal charges. all of those other allegations, because of statute of limitations laws, are confined to civil lawsuits. in this case if this goes to trial, bill cosby could face jail time. now, as this hearing, which we presume began on time, around 9:30, is under way in the courthouse behind me, it's unclear if constand will take the stand and testify against bill cosby. he has stayed, for the most part, silent as these allegations have been levied against him over the past several years. however, it was his own words that shocked us all last summer
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when a civil deposition in constand's lawsuit was made public that showed he admitted that he had gotten a prescription for quaaludes and used that to give to women who he wanted to have sex with. now, he's denied all of the allegations of wrongdoing, all of the allegations of sexual assault or misconduct. in this particular case, pamela, he says the conduct between him and andrea constand was consensu consensual. >> and i'm sure that that is what his defense will be pushing today in this hearing. sara ganim, thank you very much. let's discuss all of this. with me is cnn legal analyst laura coates and paul cowan. great to have you both on. paul, just to set the stage with you first, break it down for us, what is going on inside that courtroom right now? what's the significance of today? >> it's a very, very important day in the development of the case. it's a preliminary hearing where the prosecutor has to establish to the satisfaction of the court that there's probable cause or
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sometimes people call it reasonable cause to believe that a crime was committed and that bill cosby committed the crime. it's sort of this hurdle, proving that you basically can prove that a crime was committed, not beyond a reasonable doubt, but just that there's reasonable cause or probable cause to believe that there was a crime, has to be gotten over before the case can go to a jury. the judge can toss it completely today or more likely find there's enough evidence to go forward. >> so, laura, how does the prosecution establish the probable cause in this case for this to move forward because, as we heard, cosby's defense attorneys have said that the encounter with constand was consensual. how can the prosecution prove it wasn't now ten years later? >> well, pam, there really are two ways the prosecution will go about this. the first option is to have andrea constand go and take the stand and testify about what occurred in 2005. the other alternative, however, is for her not to testify and them to submit what's called an
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affidavit, meaning whatever she told the officers at the time she made the claims could suffice in the court. there's a real benefit, however, to having her just give the affidavit rather than take the stand. if i'm the defense counsel, my immediate plan is to try to attack her credibility and find any little inconsistency that she may have had between her testimony today and the one she gave to the officers back when she first made the claim, and any single inconsistency can be used against her to discredit her at the trial. >> and back in 2005, paul, the prosecutor decided at that time that there wasn't enough evidence to press charges, and cosby's defense attorneys are expected to argue that the prosecutor made a firm commitment at that time that he wouldn't be prosecuted in pennsylvania. how could that play into all of this? >> well, you know, when the case first came about and was brought currently by the current d.a., this was a big issue, and actually they've already gone
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into court on it trying to get the charges dismissed, the cosby forces, but the court has ruled that that prior agreement with the prior d.a. that he wasn't going to go forward, is not binding on this court. a lot of new evidence has come to light. and another thing i wanted to add that makes this case different from all the other cosby cases, and remember there are about 40 women now who have made allegations against him, but this judge -- >> 50 now. >> it's 50-plus. i like to say when you can fill a school bus you start to think there might be something there. but in truth these cases are judged one by one, on an individual basis. this case is different though because cosby testified at a deposition, and he was questioned about this case, and he admitted drugging her, and he also said other strange things like, you know, that he really -- he wasn't certain about consent because she had taken pills, and she drank alcohol, and this was sort of a thing that he would say in a lot of different depositions. i mean, his defense was really
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the times were different then, and everybody was doing quaaludes, and i can't remember whether somebody actually affirmatively consented in 2004. so whatever words were used in the deposition relating to his encounter with constand can be used in this preliminary hearing so that could be something that comes up today. >> that could be key. and what about these other, laura? we were talking about 50-plus women who have accused bill cosby of rape or sexual assault to some degree. could they be brought in to testify to help constand's case? >> they absolutely could, and let's be clear, what paul is saying is right. this is a case-by-case scenaris, and though he said he provided a drug to miss constand, it was benadryl he claims, he does not go so far as to say he provided her with drugs to disable her. in the prior case which the prosecution will use, will be all the testimony and statements
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made by people who have alleged the same thing to show this is more than an isolated incident. this is a pattern, a theme, his mod modus operandi, if you will. this is what he does in order to be able to have his way with women sexually, and those will all be game for the prosecution to come in. however, it's a very big hurdle for them to be able to get all that testimony in. it actually has to be very, very aligned with the same facts. otherwise, the court will say, no, that does not come in, only this case. >> and, of course, the defense could say, look, these are accusations. this haven't been vetted that. that could open up a whole other situation. >> paul callan, laura coates, thank you. another story. a major story rocks the tsa. the agency's secure chief kelly hogan now out, raising major red flags. why he was paid $90,000 after a scathing report by the feds highlighting airport security failures? let's get right to cnn aviation
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and government regulation correspondent rene marsh. a lot of developments here, rene. >> certainly, pamela. you know, this is a major shake-up at tsa. this, of course, as airports, airlines, and passengers complain about those painfully long airport security wait times. now, the head of tsa security operations made more than $90,000 in bonuses paid to him in $10,000 increments, and that was on top of his base salary of $181,000. he received all that money despite the fact he was in charge when tsa failed to detect fake explosives and weapons 95% of the time during covert testing. that alone is just a prime, prime example of a broken washington. now, this shake-up happens just two weeks after members of congress grilled the head of tsa, peter neffenger, about why hoggan was getting such a handsome bonuses and salary.
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we've been talking about it for weeks, airport security lines were not getting better. but when it comes to those long lines, everyone had a hand in this. tsa shares the blame with congress for not allowing or allotting i should say funding for the needed staff. it is truly a broken system. pamela? >> and it is yet to be seen if any of these changes, rene, will impact the long lines at airports. we sure hope so. thank you so much for that report, rene. meanwhile, the '90s are back as donald trump and hillary clinton punch and counter punch over the past. cancer... we don't want to think about it. but i had to. because, you see i was traveling, i was enjoying life, i was working... it was too long since my last pap. when i was finally tested, we thought i might have cervical cancer. after worrying - no cancer. i was lucky.
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he could bankrupt america like he's bankrupted his companies. i mean, ask yourself, how can anybody lose money running a casino? really. >> hillary clinton drudging up the past as she looks to the future and a likely november election against donald trump, and trump for his part also turning back the calendar. he's attacking bill clinton's
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past infidelities and his wife's handling of them. clearly in what promises to be a bitter fight, something old is new again. let's bring in cnn's phil mattingly. he is here with more. this is just the beginning. >> just the beginning. we have about five months of this, and there's no question, right now both candidates are really trying to tag the other with something that will boost their negatives, but what's really interesting here is people are trying to figure out what donald trump is trying to do, what's his strategy? we got a solid insight on that this morning. listen to what chris cuomo and michael cohen, an executive vice president for the trump organization, also a special counsel to donald trump, had to say about that. >> why go after bill clinton? is that bad for donald trump? >> why? why is it bad for mr. trump? what he's doing is he's exposing not just bill clinton for what he was or what he had done, but it's the same as it relates to hillary. she attacked mr. trump as being a sexist misogynist and that's
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inaccurate. donald trump is not any of those things, and again what they're trying to do is to portray him as such so that they can end up turning the women against mr. trump when, in fact, the women seem to be turning against hillary clinton for being the enabler in chief. >> if you are not a sexist, what you usually say is, i'm not a sexist. here are all the things that prove i'm not, the beautiful things, the beautiful women in my life -- >> which mr. trump has done many times. >> you don't usually turn around and say you're a sexist. >> except she's deflecting. she's the enabler in chief, and he happens to be the sexist. so instead she needs to win the women's vote. that's what she needs. she's certainly not going to win the men's vote. so she needs to go after the women's vote. she's not going to be able to do that if donald trump is not portrayed by the clinton campaign as a sexist. so she's deflecting -- >> his numbers with women were not good before she said ever
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said anything -- >> his numbers are good. his numbers are getting better each and every day across the board. >> with women? >> with women, with hispanics, african-americans, muslims. >> here are my two reasons i think it's bad for him, one, hypocrite, two, glass houses. he defended bill clinton for years. he said the same allegations that you guys are talking about now were a waste of time, were wrong, were hollow. that bill clinton was a terrific guy, that he was a great president, that he impeachment was wrong, that it was a waste of time -- >> and hillary clinton said donald trump was one of the smartest, best businessmen in the united states on several occasions. now she's attacking him on these ads -- >> so she's bad too, but isn't he bad for saying bill clinton is great and now going after him? >> all he's doing is he's giving the facts. >> no, no, no. he knew the facts then in the '90s when this was all happening -- >> he was a private citizen who was friendly with the clintons, and he was trying to protect a friend, all right? now it's a different game.
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it's 2016. >> michael -- >> he's the presidential -- he's the republican presidential -- >> do if yoif you decide to run office and people say you knew cuomo -- >> i will always deny that. >> now he's a bum? >> absolutely. if i was -- >> so he was lying then? >> he's not lying. he was protecting a friend. there's a difference. >> what is the difference? >> the difference is he was being a true friend. he was -- it didn't matter to him -- >> so he would be friends with a guy that he thought was a piece of crap basically? is that what you're saying? >> what his relationship is with his wife is between the two of them. now it's different. they're attacking mr. trump on a daily basis. hundreds of millions of dollars spent in attack ads, right? whereas, you know, it's funny because i keep seeing cnn and o others talking about these two ads going against one another right now. mr. trump spent probably $250 on his ad, right? and no expense in terms of getting it out.
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and she's probably spent several millions of dollars -- >> you could argue he spent what it's worth. why is he going after stuff that he used to defend the guy with. he called paula jones a loser. >> do you know what the difference is? >> what? >> the ad he put out against the clintons is legitimate. the one she put out against him is inaccurate. >> he says it's illegitimate -- >> who says? >> in the '90s, he said linda tripp was a lying loser. >> let's talk about the 2016. >> the per son if i kaths of evil. >> let's talk about 2016, chris. we're not going to talk about 1990 when he was defending bill clinton because it didn't matter. why wou >> why would i trust you if you say all the things you said then are false? >> he was a private individual. >> you tell the truth when you're owe politician but lie when you're a private individual. >> he had no obligation to say anything to anybody. he was standing up for a man who he considered to be a friend at the time. >> so he was saying things that he knew was untrue at the time.
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>> no. >> did he believe them to be true at the time? >> i don't think he knew the answer. he was standing up for a friend. >> called paula jones -- >> which shows loyalty. the one who called -- >> called linda tripp the personification of evil. >> the person who called all of them the worst was hillary clinton, the great enabler. >> this is about your guy, what he said. paula jones is a loser, and she may be responsible for bringing down the president indirectly. did he know it or did he not know it? >> you'll have to ask him that question. >> michael thashths , that is ae on that. that's the hypocrisy part. you defended the guy more than anybody else basically who didn't have to, and now you're bringing the same attacks and saying its different now. i'm running for office. i think that sounds like hypocrisy. >> lake i said to you, donald trump is a counter puncher. had she not brought out the issue where she's referring to
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him as a sexist and misogynist, that ad would never have come out. you know what's going to be even worse? here is a little hint for them. >> please. >> donald trump is this uber billionaire real estate developer, possibly the greatest negotiator in the history of this planet. he'll never come out with his first offer, right, in real estate right off the bat. meaning if she thinks this is bad, this is nothing. he's not coming out with his strong from day number one, right? >> how far can he go? >> you're going back to 1970s, 1980s, 1990s. you guys feel it's okay to go back as far as you want in order to take a snippet whereas -- >> 25 years ago when he -- >> you're going back 30 years. >> when he pretended to be a pr guy on the tape? >> that's your opinion. >> he admitted it in the past. >> i'm not sure he admitted anything. >> i know you're not admitting that because you're a lawyer and
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you're a good one. another problem is the hypocrisy. the other part is glass houses. back then when he was defending clinton, kind of a joke but it kind of wasn't. he said you know what his real problem was, one, he abandon the questions. he should have refused to answer the questions. you shouldn't have been honest -- >> what's the joke about the allegations that he had -- >> made fun about the women. he said -- i'll tell you -- i'll tell you -- >> ruined women's lives and then had his wife go after them. >> women that donald trump said were losers, were terrible, were liars, and were ugly and that's why this is an issue. kennedy had marilyn monroe. he was on a different level with beautiful women of sophistication. people would have been more forgiving if he had an affair with people like that. that's what he said back then. >> you know mr. trump, and you know that he has a sense of humor whether you like the humor or not. he was making a statement that was -- because marilyn monroe was a beautiful woman. >> but it's the context. what i'm saying is this, this is
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now where we're starting to vet in real, okay? both sides. >> chris, let me stop you for one second. you have two candidates. you really have one. you have the presumptive republican nominee. it's interesting hillary is taking the position that she is the presumptive nominee for the democratic party. not if you ask bernie sanders. >> fine. >> and he's going to take her to task. >> fine, and that's an issue. >> and she's being taken to task by bernie sanders. >> that's an issue. >> wait until donald trump comes in. assuming she comes in -- >> how much dirt can you go with? >> so much. >> why do you want an election to be about that? isn't this about making america great or is it making it its worst election ever? >> of course it's making america great. >> how is it making america great by talking about sexual -- >> let's talk about chinagate, travelgate. >> is that fair game? >> we should go into business buying gates when it comes to the clinton approximates. >> that started with watergate. am i supposed to have harry herd
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on and go through his book about donald's scalp surgery and how it made him crazy and physically abusive? are we supposed to do mob stories about what they have been saying about trump. >> what stories? >> what kind of concrete he bought at what price -- >> the same concrete the city of new york bought. >> who did he hang out with? >> the city of new york brought the concrete from the same people because it was the city that gave the license to only a handful of people to sell concrete. >> other developers came forward, wanted him shut down as the mob. >> of course they want him shut down because you have this young guy out there making great moves. he was this young billionaire -- >> with the mob? >> had nothing to do with the mob. if you go ahead and you have waste going back prejulianna and you had waste disposal coming and picking up your garbage, are you now involved in the mob? >> dirty business.
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my answer, no. but i'm saying is that what you want this election to be about? there are plenty of stories out there. >> make america great again, you need somebody like donald trump -- >> a lot of the stuff you just put on instagram -- >> not even close. in order to make this country great again, women, hispanics, african-americans, whites, everybody wants the same thing. we want to fix the economy. >> yes. >> you can't exist with a $19 trillion debt. we want jobs. the only -- >> then talk about that. >> let him speak about it. they keep wanting to bring -- >> he just put out this video about this. >> it's in response to an inaccurate video put out my the clinton complain that they spent millions of -- >> we all have choices to make. he can respond any way he wants. shake my hand. >> always. >> so obviously, pam, quite an exchange but there's a lot of value in it and a couple reasons why. first and foremost, you get insight there into how the people closest to trump are viewing this campaign. the areas where they think they can attack hillary clinton and why they believe they need to attack on those fronts, fronts
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that traditionally wouldn't be part of political discourse, but you also get a sense there of how interconnected these two candidates are. their vulnerabilities often shared by the other side. their relationships over the past, if it's donald trump defending bill clinton or defending the clintons, the clintons defending donald trump. we're in an area right now that simply hasn't been seen before in politics. it's slightly bizarre and, frankly, if you talk to a lot of political operatives, it's not only uncomfortable but leads to a lot of unknowns. nobody knows what's going to happen next. it's part of why it's a great story, but it's also part of why people are scratching their heads and trying to figure out what the next five months will be like. >> it's what you call unchartered territory. thanks so much, phil mattingly. there's still a lot more to discuss. we're going to talk about that interview coming up, that contentious interview. we'll break it down with our panel straight ahead, so be sure to stay with us. you don't let anything keep you sidelined. that's why you drink ensure. with 9 grams of protein and 26 vitamins and minerals. for the strength and energy to get back to doing... ...what you love. ensure.
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well, the 2016 election is shaping up to be one for the ages as hillary clinton and donald trump battle each other while entering the election with what many polls show are the highest unfavorable ratings for candidates in history. joining me now to discuss, andrew smith, director of the university of new hampshire survey center, tan that garts, a trump supporter, and maria cardona, a democratic strategist whose firm works for a pro-clinton super pac. we have a lot to discuss on the heels of that contentious interview we just heard with chris cuomo and a member of trump's team. tana, as we heard, trump is really focusing his attacks on both clintons with this new ad, talking about how hillary clinton was an enabler for
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donald trump, but that same strategy backfired on republicans back in the '90s. it actually boosted then-president clinton's approval ratings along with those of hillary as first lady. your candidate also has his own colorful past. is this the right move? >> oh, absolutely this is the right move. we don't want to have a repeat of the '90s and mr. trump just wants to let the american voters know who they're voting for. it's not just hillary clinton, it's actually bill clinton and we don't want that back in the white house and there are a lot of people that are very fearful of having the clintons re-enter the white house and mr. trump is just opening that up and letting people know this is what, in fact, you are voting for. >> but tana, beyond that i'm seeing their approval ratings went up for both bill clinton and hillary clinton when republicans went after them during the lewinsky scandal. in many ways hillary clinton became a more sympathetic figure to people. could that happen this time around with trump's attacks? >> oh, i do not believe that will happen again. i mean, back then people felt
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sorry for hillary because her husband was unfaithful, and they believed that she was going to do the right thing for women and empower women and strengthen women and support women, and that was actually to the contrary. none of that happened. she actually belittled the women and she hid the women's stories and, no, that did not happen. and so that might have been a sympathy vote back then, but that will not happen again. there's a lot of smart women out there. the american women are very smart, and this is a new presidential election, and there's never been a presidential candidate like donald j. trump, and so we do not have any fears that this will boost her favorability rating. >> just before i get to you, maria, you say american women are smart, but are you worried that comments like what he said back in the '90s that, you know, had monica lewinsky been more attractive like marilyn monroe could further alienate women against trump? >> yeah, absolutely. and you know what? american women are smart, which
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is why they have such a hugely negative view of donald trump. that's exactly what -- how they should be viewing him. that's exactly how she should be viewing him because they have seen what kind of person he has been. if you want to talk about the '90s, let's talk about the '90s and how he went on "the howard stern show" to degrade and grade women and those are all things that will come back to haunt him, especially if, you know, somebody who lives in glass houses should not throw rocks. the bill clinton -- >> well, i will say this -- >> let me talk. i did not interrupt you. the bill clinton issue is already baked in. people know him. he actually has a very high approval rating among americans right now and super high among democrats. hillary clinton, american women know, again, they are smart and, in fact, i think an attack on her because of what her husband did is going to backfire in an incredibly big way, and she's going to continue to be focused on issues. >> but is that the right move? is that the right move, to be
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focused on issues when you're dealing with someone like donald trump who clearly has elicited so much emotion from his supporters? is focusing on the issues right, or does hillary clinton need to play his game and need to go after him more for his colorful past? >> you know what? she's actually going to do both. as we have seen with her campaign recently, she is not going to take this the way that the 16 competitors against donald trump in the republican primary did. she's not going to lay down and play dead. we have seen that from her. she can walk and chew gum at the same time, but the other parallel is incredibly important. she's going to be focused on issues that american families care about. we've already seen in the polls that she is the one that americans care more to take care of middle-class families, that represent middle-class interests, that are focused on a good temperament. the majority of americans don't think donald trump has the temperament to be commander in chief and they trust her more with foreign policy. those are contrasts she will continue to win, which is what
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is going to be the thing that's going to put her in the white house in november. >> okay. so andrew, on that note, i have to ask you with trump's strategy focusing on the scandals and not the issues, he's likely solidifying his angry base, but does he need to do more to reach out and bring in hispanics, women, groups of people where his unfavorables are high? >> well, i think first we'd have to take a step back and remember where we are in the process. it's may, not even june yet. we don't -- we haven't had the conventions. voters aren't really going to tune into this race until september and october. so what trump is doing right now i believe is just setting the background for how this campaign is going to be fought out, and he knows that he has high unfavorables and he's going to bring clinton down. one thing i must say about trump, and this is something i've not seen with any other candidate, is his ability to control his own favorables and unfavorables. in new hampshire in january of 2015, his net favorability rating was minus 50 among
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republicans. by july it was plus 11. so he has the anbility like no other candidate i have seen, and this is why i'm cautious to try to predict what's going to happen this fall, of turning around his own image, as well as controlling what the press talks about regarding the image of his opponents. >> tana, also part of trump's strategy is going after bill clinton in this latest ad with some of his accusers. trump says, look, i'm a counter puncher. i only go after people who go after me, so why is bill clinton his target as well? >> well, because he is the spouse of hillary clinton, and that who we probably will be going up against in the general election, so it's just -- you know, letting the american people know that with hillary comes bill, and what has bill's past been? and it's been no secret that donald trump likes pretty, beautiful women. i mean, he has a modeling agency for goodness sakes. mr. trump has never been shy about that, so he doesn't live
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in a glass house as your previous guest was mentioning. not at all. he's been very open about he likes beautiful things, hence why everything he builds is a huge iconic building or structure. mr. trump does everything first class. his level of excellence is beyond what any american can conceive, so that's why he has such expectations for the american people and for the united states of america. mr. trump wants the best of everything, and there's never been any doubt that he's been shy about that, and so, no, mr. trump definitely wants the american people to know that with hillary comes bill, and with bill comes that past. >> okay. this conversation could go on. we have to wrap it up because there's another big story we're following. tana, maria, andrew, i could talk to you all all day. thanks so much for that. i want to turn to the bill cosby hearing. jean casarez is in norristown, pennsylvania. jean, what's the latest? >> reporter: hi, i'm right inside the courthouse.
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i'm on the floor. there's a very short break but the first witness has already taken the stand, which was the detective that actually took the statement of the accuser, andrea constand, 11 years ago. here is what's interesting. it's obvious that to me the defense believed that andrea constand was going to take the stand because she can take the stand, and it used to be the law in pennsylvania that the accuser had to take the stand in the preliminary hearing, but that was all changed last year by an appellate court in pennsylvania. so there was a conference i could tell in the judge's chamber. the attorneys walked out before it got started and the look on the defense attorney's face, they wanted to cross-examine the accuser in this case but they didn't get to. the detective is reading the statement that andrea constand gave in 2005, and what it states is that she says that bill cosby was her mentor. he invited her over to his home because she was in the middle of a career change from
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broadcasting to being a masseuse, a physical therapist, and so he wanted to talk to her about that. she said this she told him when she was there she couldn't sleep. she was just very emotionally upset with this career change. he went upstairs. he brought down blue pills. he told her to take them. she did. he told her to take some wine with it, and she said 20 to 30 minutes later as they were talking, she suddenly got blurred vision, her legs were rubbery, she couldn't talk. he had to help her over to a couch where he had her lay down. she then says that she was aware but she couldn't stop him, that he began to sexual assault her. well, the cross-examination was absolutely devastating to constand because what the defense is trying to bring out is not only attack her credibility saying that after that she got -- she would go over to his house, that she would go out with him in different areas, but they're trying to show there was
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consent. but the prosecution fired back that the only reason she got together with him after that alleged sexual assault was to try to confront him. so that's where we're at at this point. but i want to tell you i'm in the second row, and i suddenly before it all starts, i suddenly feel my court bench just move, and i looked up, and right there was bill cosby right above me, and he had stumbled into my bench as he was walking assisted into the courtroom to sit at the defense table. now, as we know, the defense has said that his eyesight is impaired. it has been for a while. well, he really bumped into my court bench as he was walking to that courtroom this morning. >> jean casarez, stand by, we want to continue to talk to you. i want to bring in paul callan on the heels of what we just heard from jean, what went on inside that preliminary hearing. it's clear that when the detective was reading constand's statement from the early 2000s, that the defense's strategy was
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to go after her credibility here saying, look, even after this you continue to go back to his house. do you think that's an effective strategy? do you think that will work? >> well, that's going to be the core of the defense here. i think there's probably enough here that the court will sustain the charges and say, okay, this case can go forward. however, at the time of trial this is the core of the defense. cosby's claim is that he had a long-term relationship with her, that she voluntarily came to the house that day, and, by the way, she continued to have contact with cosby even after this incident. this is another big part of the cosby defense. if you were sexually abused or if an aggravated sexual assault on you occurred, would you continue to go to the home of the man who had assaulted you? so there's going to be a real attack on her credibility during the course of this entire trial, and we're getting a little bit of a taste of it now. >> so, okay, so her credibility will clearly be a focus for the defense, but what about all these other women, more than 50-plus now have come forward to accuse bill cosby of sexual
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assault or rape. how will that play into all of this? >> well, the first question is, does it get into court in this trial? and if you have prior crimes that you've committed, generally that's not admissible in a criminal prosecution. now, the reason for that is that when we hear that somebody did something before, you immediately make up your mind, they must be guilty, and the court system has always had this idea that we're just looking at the facts of an individual case. however, there's an exception to this rule, and that is if you have sort of a signature crime that you commit, let's say a murderer always carves an "x" on his victim, that might be relevant to whether you committed the crime or not, and here this is what the prosecutors are going to say. his m.o. is always the same. he induces these women to get involved in a friendship, and then he drugs them, and then he has sex with them or some kind of sexual contact with them, and that that's his signature crime.
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so they will use that to try to get some of the evidence of other sexual assaults, and let me say this, if you get a bunch of those prior incidents into evidence, cosby is going to have a hard time winning this case. >> we just saw this video of him walking in initially. this was earlier video of him walking into that courthouse in pennsylvania, and the question is, jean, what was he like during all of this when this was going down? can you give us some color on his demeanor and what he was like inside that courtroom? >> sure. she professionally dressed in his suit. he sat at the defense table. he appeared to watch and listen to the testimony. obviously we don't know what his eyesight is like, but as you would look at him in the courtroom, very serious, not a comedian at all, very serious. just appeared as though one of the attorneys along with the rest of the attorneys at the table. >> and he's older. >> he's 80. >> in his 80s. he's walking in, holding onto
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someone walking into the courtroom. how could his age play into this, paul? go ahead, jean. gee doesn't appear that old in person. he has a very youthful look actually in person, and it's just being assisted as he walks simply because of what the defense says is his eyesight. so no physical disabilities are really apparent at all. >> and i'm sorry if i missed this earlier, jean, we know that constand didn't testify, but is she there? >> you know, that's speculation at this point. i don't think anyone knows for sure. no one has seen her. >> okay. i figured, and i figured you would have mentioned that but i wanted to make sure i didn't miss something. thanks so much, jean casarez, and paul callan. we'll be back to discuss more. i appreciate it. and paul callan. we'll be back to discuss more. i appreciate it.
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welcome back. taking a live look here inside the courthouse in norristown, pennsylvania. that is where this preliminary hearing is under way to decide whether bill cosby should be tried on criminal charges of aggravated indecent assault. we will be staying on top of this story and bring you the very latest. in the meantime, we want to turn to another big story happening on this tuesday. the battle to drive isis out of fallujah is happening at this moment. these images just in show iraqi troops attacking an isis stronghold just outside the city. the iraqi army started its offensive this week after months of preparation, and u.s.-led coalition forces have been pounding isis targets for days. and the top u.s. commander for the middle east takes cnn inside the battle for iraq. general joseph votel, commanding general of the u.s. central command is part of the effort to
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fight isis in the region. barbara starr is in syria with this exclusive. >> reporter: protesters invade baghdad's green zone for the second time. violence rising as opposition to the iraqi government grows. the top u.s. commander running the war against isis is watching carefully for the stress mounting on the iraqi military even now as it tries to recapture the key city of fallujah. >> they're having to make decisions in terms of where their force is going, where their priorities are. >> reporter: but in baghdad with the u.s. embassy and military headquarters inside the heavily fortified green zone, does the u.s. have enough security on hand? >> yes, i do think we have the right security forces on ground -- on the ground from a u.s. perspective to take care of ourself there. >> reporter: cnn was the only network with general joseph votel, the u.s. commander in charge of the war against isis, as he traveled in iraq getting
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the latest assessments on security and the readiness of iraqi forces. this base, about one hour north of baghdad, is one of the front lines in the effort to train, advise, and assist iraqi forces, but they have at least temporarily seen some iraqi forces being called back to baghdad for a few weeks to deal with the security situation there in the wake of the rising attacks by isis. votel is trying to convince iraq's military to make certain to station enough troops around the country and not to flood baghdad with security forces as the government tries to confront the latest violence in the capital. >> they are attempting to create chaos in the capital. they're attempting to divert attention away from other areas where the coalition forces and the iraqis are having success. >> reporter: this military warehouse just to the south in kuwait brimming with more than 25,000 weapons for those iraqi forces. all are being shipped out as
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more iraqis show up for u.s.-led training. even as the effort to train the iraqi army moves full speed ahead, the u.s. is worried that the fighting in fallujah and the unrest in baghdad could distract the iraqi government from getting their army fully trained and out in the field. pamela? >> barbara starr reporting from ahman, jordan. in the "newsroom," virginia governor terry mcauliffe responds to a story cnn broke. news of an fbi probe. why he says he's confident all his campaign contributions were legal. first a quick check on the markets. we're off to a good start this tuesday. the dow now up about 200 points. we'll be right back. with usaa is awesome. homeowners insurance
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virginia governor terry mcauliffe says he's confident his campaign has done nothing wrong and he's responding to news that the fbi and justice department are examining whether donations made to his campaign were illegal. it's a story first broken by cnn. let's bring in cnn justice reporter evan perez. he joins me now from washington. so terry mcauliffe, evan, was asked about this story we broke on cnn yesterday, and how else did he respond to it? >> reporter: well, pamela, he focused really on one part of the investigation, and as we reported yesterday, this is an investigation by the fbi and by the public integrity section of the justice department, and
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they're looking not only at his campaign donations but other things that we actually could not learn everything about. what we know about is that they were looking at his 2013 gubernatorial campaign and in particular we know that one thing that got the attention of investigators was a donation from a chinese national, a chinese baseman by the name of wang wen-liang. it was $122,000 in three contributions. it's illegal for a foreign national to donate to u.s. campaigns, whether it's federal, state, or local campaigns. we're told by wang's representatives that he has a u.s. green card, so that would seem to make his donation completely legal, and that's where mcauliffe was focusing on when he spoke to reporters this morning, pamela. >> and quickly, evan, we know that terry mcauliffe is very close to the clintons, and he was part of the clinton global initiative. are investigators looking at his role there?
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>> reporter: that is something that the investigators have looked at. now we don't know and there's certainly no allegation that the clinton global initiative did anything wrong, no allegation of wrongdoing, but we do know investigators have scrutinized those records as well as part of this investigation. >> okay. thank you so much, evan perez, with the latest reporting there. we do appreciate it. and thank you for being here with us on this tuesday. i'm pamela brown. "at this hour with berman and bolduan" starts right after a quick break.
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he could bankrupt america like he's bankrupted his companies. >> she's not qualified to be president. she suffers from bad judgment. >> how can anybody lose money running a casino? really. >> the objective evidence is very clear, we defeat trump by larger numbers than does secretary clinton. >> hello there. i'm john berman. >> hi, everybody, i'm kate bolduan. new attacks in the battle for the white house or should we call them old attacks with a 2016 twist? trump focusing on bill clinton li

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