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tv   Legal View With Ashleigh Banfield  CNN  August 29, 2016 9:00am-10:01am PDT

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banfield" starts right now. hello, everyone. i'm ashleigh banfield. welcome to "legal view." 71 days before the election donald trump is promising details -- details -- on that signature policy. just two days away, apparently, from getting those details in the gop candidate's address on immigration is on again. so set your calendar, set your alarm, wednesday in arizona. that's he when we find out where he stands definitively. let's hope we do. no need to worry about turnout because even before the venue was set donald trump is reporting big crowds. both trump and hillary clinton are out of sight. they are both raising money but on opposite ends of the country. and my cnn colleague jason carroll is at work trying to figure out what's next from the trump camp. he's at trump tower. so about this immigration speech, i was so excited for it
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last week and i was told put the brakes on. it's going to come next week so here we are, we're in next week. do we have any clues as to what's going to be said? >> reporter: well, look, i think it's clear based on what donald trump has said in the past and recently he made mention of once he becomes president, he said that the bad guys would be out of office within an hour, of course he's referring to these undocumented people living in the united states accused of crimes. so one would -- it would stand to reason that that would be part of his immigration plan, but we're still waiting. and waiting and waiting. and as you know, ashleigh, his critics have been really on trump on the issue saying he's been flip-flopping on issue and they're looking for specifics. what specifically will happen to the 11 million or so undocumented people living here in the united states? will there be some sort of deportation force that's put
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into place to move these people out of the country? these are some of the specifics that folks are looking for, mike pence offered his take on trump's stance on "state of the union." >> first off, let's be very clear, nothing has changed about donald trump's position. i think at a certain level it's very refreshing because it's the donald trump i see every day, you see a ceo at work. you see someone who is engaging the american people, listening to the american people. he's hearing from all sides, but i promise you, he is a decisive leader. he will stand on the principles that have underpinned his commitment to end illegal immigration in the country, and that's what people will learn more about in the days ahead. >> reporter: okay, if you listen very closely to that, ashleigh, you will not hear any specifics even in pence's answer. so, once again, looking for specifics, what happens to the undocumented, the 11 million or so? kelly conway, his campaign manager, weighing in on the issue saying that there has not
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been a, quote, softening on approach. there will be a softening on approach perhaps but not a softening on policy. so a lot of the surrogates are out there parsing the words still looking for specifics. hopefully they're on their way. ashleigh? >> yeah, i'm getting so frustrated with the hardening and the softening or the other way around, the softening and the whatever. okay, so i'm going to give him the benefit of the doubt, jason, and i will wait for wednesday. i cannot wait to get the clarity. jason carroll out in front of trump tower for us, thank you. donald trump has made his biggest tv ad to date, by the way. 10 million big ones. $10 million worth of airtime. nine different states will get that money. the spot is called two americas and it claims hillary clinton would bring economic misery but that trump would make the american dream, and i will quote, achievable. joining me to talk about that and much more, senior political analyst and senior editor of "the atlantic" ron brounstein,
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analyst and washington bureau chief for "the daily beast," jackie, and politics editor of theroot.com, jason johnson. jason, i will begin with you. so there's a big visit coming this weekend in detroit, a black christian network, donald trump saying this is my moment to be in front of black voters with my message to minority voters. is this a game changer or is this a publicity stunt? >> it's both. as are most things with the trump campaign, ashleigh. honestly, i think if donald trump really wanted to make a point and speak to african-american voters, rather than go to a church in detroit he should speak to the naacp, george bush, mitt romney, john mccain did that in cincinnati. so i think this is part of the attempt to reach out it to african-american voters, but the fact of the matter is you should speak to a political organization, not a church where they're going to politely clap, be at a place you can answer questions and show you're
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sincere about policy. >> i tend to think that all campaign events or publicity stunts and game changers, too, it doesn't just mean it's the purview of the trump campaign. ron brounstein, i want to talk more about the immigration story jason carroll was reporting on. i have asked this question over and over again, and i don't know if i'm getting to the bottom of it, but i do wonder if the folks that stood by donald trump when he said get them all out of here and they loved it, they wanted every one of those 11 million undocumented workers out because they believe that to be criminal which means if you want the criminal undocumented workers out, they're all crippminal. they all have to go. if he is softening on that and he does actually change things and lose some of those supporters, will that make a difference? will he be able to win over more people than he'll lose? >> first of all, let's underscore, quantify how important those voters were to him. i have a story today on "the atlantic." in most states, even the republican primary, most people supported some kind of legal status for the undocumented and donald trump at best ran even
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among those who supported legal status and in most of the key early primaries he actually lost the majority of voters who supported some kind of legal status. he won those key early states, south carolina or virginia or georgia or north carolina or illinois or michigan, because he had huge margins among the minority of republican voters who supported deportation. so he is going against a core promise of his primary campaign. i quote some aides to other campaigns who argue that he might not have been the nominee if he had a position that he seemed to be floating in the last few days on immigration because he would not have been as differentiated as he was from the other candidates. now the question really is i don't think those voters are going to hillary clinton. the question is whether he can generate the massive turnout he is looking for among them. one other point, by the way, relevant to the post election, even donald trump, who is the hard-liners' hard-liner decides
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mass deportation is not a viable election strategy, will that affect the way the republican party in congress deals with this issue after the election regardless of who wins? >> the trump effect, so to speak. all right. hold that thought for a second. i want to touch on something else, and that is the money, jackie, if you could. the $10 million that are set for nine different states do include the battleground states so i don't think that's surprising for anybody, but what might be surprising is that donald trump himself is holding a rally in washington state. every time i've seen washington state, it's pretty darned blue on the map and we are 71 days away until election time. i'm just trying to get an idea of how typically how campaigns work this close to the election when you're dealing with swing states where you're really suffering as opposed to blue states where you really would have to work miracles to turn them. >> you're not alone. in terms of having a little bit of consternation about the donald trump schedule, and i think you hear that particularly
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from republicans who were sort of hoping that he would start acting like a normal presidential candidate but it's not only blue states like washington, he was holding rallies in places like texas which is a red state. so -- and in the bluest bastion of one in austin last week. so it really has this unorthodox feel to it and it continues and it doesn't seem like we're not that far away, as you said, and i think if anyone was hoping this campaign would start running like we've seen them in the past, it's not going to happen and we should all hold on and see what he does next. >> all right. i'm going to turn to another news item that we reported pretty extensively here at cnn and if you are just watching this hour it was a heart wr heartwrenching interview with a crime victim's mother, dwyane wade's cousin who was shot dead, a mother of four. shot dead by a stray bullet while sheas walking her newborn baby. nald trump has taken some heat by sending out a political tweet about this on the weekend. he said dwyane wade's cousin was just shot and killed walking her
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baby in chicago. just what i have been saying. african-americans will vote trump. and he originally misspelled dwyane wade's name, deleted it and sent it out with a better spelling. he tweeted condolences later, guys, but then this morning he seemed back on the same theme by saying african-americans will vote for trump because they know i will stop the slaughter going on. jason, this has been something that a lot of african-americans have spoken out about saying please stop talking about african-americans only in the slaughter of chicago and death and destruction, et cetera. but will it resonate maybe with other voters? >> i mean, it can but, ashleigh, think of it like this. if trump sent out a tweet this morning saying, you know, just as i predicted, huma abedin's marriage was messed up by anthony weiner's behavior, women will vote for trump because hillary didn't stop it, that wouldn't work with women voters. people would say that was tacky and rude and inappropriate and that's the same feeling african-americans have with what trump is saying.
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if there's this idea supposedly his empathy is going to appeal to white, moderate and swing voters, that's not going to work f. you're a conservative and you're trying to actually get white moderates to consider you, you have to have policy. you have to have imagery and saying that you care about the slain cousin of an nba star is not the kind of thing that will ingratiate you. it's tacky. >> i think some women would be okay with that kind of trump reaction will rea react to the huma abedin and anthony weiner split. he's had a lot to say about anthony weiner and his connection to huma through hillary clinton. really appreciate it. thanks, guys. just ahead, we just mentioned it, he married hillary clinton's closest adviser. that's the guy you keep hearing
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about him and not in a good way. a anthony weiner. married to huma abedin. and now they've just announced they are separating. all of this after an alleged exchange that he had with the donald trump supporter, the new sexting allegations that could end his marriage, and certainly brought their child into the story. it is awful and it is next. picking up for kyle. here you go. you wouldn't put up with part of a pizza. um. something wrong? so when it comes to pain relievers, why put up with just part of a day? you want the whole thing? yes, yes! live whole. not part. aleve. everyone thought i was crazy to open a hotel here. everyone said it's so hard to be a musician, but i can't imagine doing anything else.
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so the breaking news is usually news that wouldn't be sort of top and central but this time it is. anthony weiner is separating from his wife, huma abedin. so this is big because he's a former congressman. and he's reportedly embroiled in a brand-new sexting scandal. his wife, huma abedin, just announced that they're separating. you will probably know by now that she is a top aide to hillary clinton and has been for decades. and you'll probably also remember anthony weiner's past exploits. they led to his resignation from congress five years ago, and they also derailed his hopes to become new york's mayor three years ago, and that's not all.
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there's more in his sexting time line. i want to bring in cnn's miguel marquez and jeff zeleny who is out in southampton at a clinton fund-raising event. first to the reporting. miguel marquez, i feel this is sort of a deja vu because i feel it was only two weeks ago i heard another story about sexting. this would be the third time running. am i crazy? >> you are not crazy and it feels like, ugh, here we go again. it would be funny and easily laughable except this guy clearly has an issue. his twitter page was taken down today. "the new york post" screaming across its front page, pop goes the weiner. what is most concerning about this story is that "the post" says from 2015, january 2015, until this month he was texting with a 40-something divorcee from out west, as they put it. and in that picture during a sexual conversation with this 40-year-old he says someone just climbed in bed with me, and it
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is a picture of his son next to the bare torso of anthony weiner dressed only in underwear and that has led us it to today. >> and, by the way, a very suggestive fphoto that happens o be beside his child. >> sent during a sexual conversation with a 40-something divorcee from out west. it's disturbing. >> and the 40-year-old woman, there are so many men who are divorces that are not called that so i'm not going to call her one, including me. >> "the post" goes on to say they were afraid he sent it out publicly the first time around in 2011 as you remember, lots of fodder for the entire world of hollywood on down. he sent what he thought was a direct message via twitter to a woman. instead it was a tweet to the entire world. that's his downfall from congress. then he looked like he was having a comeback and, again, the carlos danger tweets -- >> what a charmer.
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what a charmer. i've covered them all and i'm confused so just quickly for the time line, 2011, he gets caught and he resigns from congress. 2013 he gets caught again trying to make a comeback running for new york mayor and that derails the mayoral campaign. two weeks ago "the new york post" runs another story about him doing it again and then today on the front kofrp of "the new york post" he's not only sexting but there's a picture of his baby next to him. so we're clear on how many infractions, on how ugly this is what huma abedin said in a statement today. after long and painful consideration and work on my marriage, i have made the decision to separate from my husband. anthony and i remain devoted to doing what is best for our son who is the light of our life during this difficult time, i ask for respect for our privacy. clearly she likes their privacy. we're not so sure about his respect for her privacy and their child's privacy. jeff zeleny, you're in southampton today.
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donald trump has made no secret he wanted to tie anthony weiner and his bad behavior to huma abedin who is hillary clinton's closest aide. are they react iing on the campaign trail? i know she is with hillary in southampton where you are. >> reporter: she is, ashleigh. huma abedin is with hillary clinton. she was seen yesterday going around to four fund-raising events throughout the day here in the hamptons on long island new york. and we are told that she is also out here with her son john darr, huma is not in public view yet today. we don't know if she will be as the afternoon goes on but make no mistake she is the closest, longest serving adviser to the secretary. she has been with her for two decades since she was a young woman working for the first lady at the time. she is as close as a family member here. i am told by a close friend of huma abedin's that they have essentially been estranged for nearly a year.
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she has been sharing an apartment when she has not been traveling on the campaign. they have been estranged for about a year. she was forced to make a public declaration of the fact that they intend to separate and they are indeed separated. the clinton campaign officially has not commented on any of this yet but, ashleigh, you can expect donald trump to. he talks about anthony weiner a lot on the campaign trail, calls him a pervert. we know donald trump reads those new york tabloids where he gets a lot of his information from. he makes frequent references to it. the clinton campaign so far has not commented on this and i do bhot believe they will. they say it is a personal matter between huma abedin and her now estaininged husband, former congressman anthony weiner. >> stand by. don't go anywhere, jeff. what about anthony weiner in all of this as everyone is working on their reaction and public statements, has he got one? >> we reached out to him. the post got him for this. he was very sort of -- he didn't
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say a whole lot except to say we have been friends for some time, responding to this woman, this 40 ye 40-year-old woman from out west, the conversations were private, and he said, interestingly enough, that they were always appropriate referring to their conversations. so this is somebody who clearly just has an issue knowing where the line is nem with regard to sort of sexting and the conversations that he has. i think that "the post" putting that picture on the cover with his son sleeping next to him dressed only in his underwear -- >> and referring to the son. not just accidentally getting caught in the shot, look who just crawled into bed with me as he's having a sexual conversation and showing his lower torso. >> and so to "the post" it appears that anthony weiner basically admitted that this conversation, these conversations happened over a year. >> he lost the support of his
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old roommate john stewart a long time ago, and this would have been somebody who would support him to the end. john stewart just let it go. you can imagine what huma abedin has been going through. we're just working now on getting reaction from donald trump camp as well. that's coming through the pipe, so as soon as we get that we'll bring it to you as well. miguel marquez with your reporting, thank you, jeff zeleny in southampton, thank you as well. we'll it continue it to watch for how donald trump -- he has been ruthless about huma's connection to this. this scandal. and then hillary clinton's obvious connection to huma. it will be interesting what he has to say. i want to turn to another very big story coming out of chicago, the death of a mother of four, innocent mother of four shot and killed while pushing her newborn baby in a stroller. nykea aldridge is also the cousin of an nba all-star player. we'll share his thoughts plus hear from her mother, her
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chicago police arrested two brothers in connection with the death of nba star dwyane wade's cousin, nykea albridge. they have both been charged with first-degree murder and attempted murder. investigators say both men were on parole for gun convictions. in the meantime dwyane wade took to twitter to mourn his loss saying, quote, my cousin was killed today in chicago.
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another act of senseless gun violen violence, four kids lost their mom for no reason. unreal. #enough is enough. and that last line, enough is enough, is being echoed throughout chicago after yet another deadly weekend. saturday afternoon, at least four dead, 24 others shot and hurt. the "chicago tribune" is reporting 455 people have been shot and killed in chicago this year. we're not at september yet. 455 people. shot and killed. what will the tally be december 31st? joining us now with more is rachel crane. so, rachel, you were able to speak with nykea aldridge's mother. i cannot imagine what that interview was like. >> ashleigh, it was truly heartbreaking speaking to this mourning mother. she described her daughter as
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spirited. she said that her daughter was an amazing writer. she loved writing poetry, she was quite the fashionista and her whole life was about her four children. >> they miss their mom. they want their mom, and it just hurts to hear kids saying they want their mom and their mom won't be in their lives anymore. only through spirit, only through pictures. that's the only way they can know their mom for the rest of their lives, the only thing they have to go on is what they had. and it's just heartbreaking. it's really -- oh, god, it's heartbreaking. and i truly, truly from the bottom of my heart, i forgive them. i forgive them. i can't bring her back, but i forgive them. and i just pray to god that they
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pray to god to ask for forgiveness for what they've done. they've taken a precious life senselessly. and i just love them. >> ashleigh, truly heartwrenching hearing and seeing the pain that mother is going through. also, unfortunately, this is not the first time that diane has had to go through this type of grieving. she lost her eldest daughter ten years ago also to gun violence. >> oh, dear god. rachel, thank you. unbelievable. rachel crane reporting for us live. come up just ahead, setting the debate stage, hillary clinton/donald trump preparing for their first face-to-face in september and usually that involves people standing in and playing the other candidate.
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but the word has it that is not happening this time but which camp is not employing that tactic? that's next. you pay your car insurance premium like clockwork.
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election day is just at the point weeks from tomorrow, but right now both campaigns are focused on a ritual that comes much, much sooner, just four weeks from today. the first of three presidential debates. the first time the voters will see donald trump versus hillary clinton mano a mano on the stage. and maybe, just maybe a third person. that libertarian guy, you know, gary johnson. he's at 10%, if he gets up to 15%, he gets to stand at the podium.
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so when they're not campaigning or are out fund-raising, the nominees are rehearsing in their own ways and prepping in their own ways. i want to talk about that now with cnn's political director and our senior media correspondent. welcome, gentlemen. i want to start with this quote from "the washington post" this morning, it's ticklish but there's some interesting nugget in here. it says trump is not holding any mock debates. proudly boasting a performer with his talents does not need that sort of prepping. that is astounding because debates aren't just about how you perform and react, they're about how you handle all that different kind of information and how you do the meantal gymnastics. >> yes, even 7th or 8th grade we had mock debates in class, and you would always practice beforehand. but donald trump feels very confident looking at all the primary season debes where he vanquished all of his opponents that he will be able to handle out there. i would say this is the end of
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august, by the middle of september it could change. maybe he will be behind a proceed ypodium, according to laura ingram is a contender to play hillary clinton if there are mock debates. for now trump campaign tells me as well they're not actually practicing the old-fashioned way. >> well, they weren't using teleprompters either and that changed when, you know, it was needed. >> true. >> david, let me ask you something. there was a quinnipiac poll, i guess it came out last week, and it said 90% of like ly voters' minds are made up. i wonder if that's the 9% 10%. michael dukakis rode around in a tank right before the election and that was catastrophic to him. big, huge things can happen. >> everybody makes a mistake if they think by looking at august
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snapshots they understand where this race is going to be in november. we just don't know. 70 days, ten weeks to go, that's a lot of time. you have these three really high-profile presidential debates between now and then. we've he seep the impact. i do think the universe of persuadable up for grabs, truly undepp sided voters who are not locked in is a shrinking universe. that happens as time goes deeper into the election cycle. other polls have shown a little bit larger than the one you cited there. >> i have 30 seconds left. brian, i'd love to you weigh in on the hillary clinton report. cnn digging deep and finding the hillary clinton camp is worried about expectations. if you let voters think that she's going to mop the floor with him, it doesn't work out that way. bush/gore did not work out that way. >> that's right. over the weekend clinton's press
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secretary tweeting trump's showman sh showmanship as an ex-tv star makes him a formidable debate foe. he thrashed his rivals in the gop debates. they're trying to set the bar so low you can't even see it on camera, trying to lower the bar for clinton and raise the bar for trump. that spin does happen to be true. trump is a television star. he knows how to use the television medium in an artificial setting like a debate. so we'll see if he decides to practice before four nights from tonight -- four weeks from tonight. >> four weeks. >> i wish it was four days. >> a girl can dream. thank you. nice to see you both. i have politics of a different kind right now. an nfl quarterback, you probably know what i'm about to say. he refused to stand up for the american national anthem. fans are now burning his jersey, but others are praising him. why he says he has taken a seat and taken a stand all at the
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his action ignited a national debate. the san francisco 49ers quarterback is doubling down now on a controversial decision that he made. i'm talking about colin kaepernick. he refused to stand during the national anthem. a preseason game on friday, these are the pictures people are seeing in the highlighted circle. sitting next to the gatorade. he said the reason was in pr protest of racial injustice in america and the backlash has been furious. some fans are even burning their cakaepernick jerseys. take a look at the three different screens, lots of them on the internet. he is getting support, though. live for us in los angeles and a guy who knows a thing or two about football, hines ward. i will ask you a question about all of this in the football
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world in a minute. but, sarah, first to you with the reporting on this. what is colin saying about it? >> he's talking about oppression and he says he is tired of seeing what has been going on in this country and i think he's alluding to or has been very clear about the relationship between black americans and the police saying that as long as this goes on he will continue to do this. he was asked, look, are you going to continue to protest like this, which he knew was going to cause some serious backlash. here is what he said when he was asked about whether or not this will go on if he it ins to play for the nfl. to me this is something that has to change and when there's significant change and i feel like the flag represents what it's supposed to represent and this country is representing people the way they're supposed to, i'll stand. >> reporter: one mom who lost a son in one of the wars that america has been fighting abroad
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talked about the fact she was so emotionally hurt by all of this it because her son died protecting the rights of americans. part of the american ideal is you can protest and the nfl for its part does not require players to stand during the national anthem. also, ashleigh, some of the 49ers have come out in support of kaepernick saying, look, he's our teammate. he's not only our teammate and i support him, but i understand what he is standing up for and it is absolute right to do this, there are other fans, of course, that disagree with that and you've seen the pictures of people burning his jersey online. >> and it's not over as you said. hold on if you will. hines, i want to ask you about the politics of all of this. he actually decided to sort of go there with the presidential campaign and talk about what he
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thinks our two potential lead verse to do with all this. i will ask you about it afterwards. you have hillary who is called black teens or black kids super predators, you have donald trump who is openly racist. i mean, we have a presidential candidate who's deleted email-m and done things illegally and as a presidential candidate. that doesn't make sense to me because if that was any other person you would be in prison. so what is this country really standing for? >> hines ward, i didn't expect to hear that in a locker room and you have been in many locker rooms in your many days.
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are they looking to your sport to escape? >> from the football players or any athletes, from the fans' point of view, they want us to just go out there and play football. from the fans' point of view, hey, can you throw the football? can you go out there and make plays? can you help us win a super bowl championship? muhammad muhammad ali, he was vilified back then and ultimately has a lot to do with the social change of conscience and opinion so you could say that, sure, we want to see you throw the football but at the same time you are leaders, you are societal leaders and can have an impact. what about the rest of the team, how do they factor into that? >> sometimes it can be a distraction, you take muhammad ali, the thing about boxing, it's an individual sport whereas football is a team sport. when someone is making a
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statement or protesting, do it on your own time but not on the team and the organization time because now you're asking the organization, you're pulling in teammates and now we're being teammates, we're asked to having to respond or ask question and answer the questions to kaepernicolin kaepernick's action and sometimes that can be a distraction and no nfl team wants a distraction going into a season especially with two weeks around the corner for the nfl to start. >> full disclosure, hines ward, i have a total sports crush on you. you're great at what you do and i'm so glad you're with the cnn family. thanks for your reporting today. sarah s sidner, girl crush on y too. good to have both of you. thanks, guys. appreciate it. up next i want to take you to a story that made big headlines actually starting with this program. it was about a young man who raped a woman behind a dumpster at a frat party. four days from now this young man, brock turner, will get out of jail for the first time and
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it has only been two months since he went in. and it's just now we're seeing some of the transcripts from his testimony in court and allegations that he was giggling and smiling the moment he was caught. we're going to learn more about it in a moment. ♪ approaching medicare eligibility? you may think you can put off checking out your medicare options until you're sixty-five, but now is a good time to get the ball rolling. keep in mind,
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in just four days the former stanford student brock turner who raped a woman hyped a dumpster while she was unconscious passed out drunk, well, he is set to be released from the jail he's been staying the last two months. more than 1,000 pages of brand-new court documents are now public for us to read and some of it is the testimony from the survivor. brock turner has testimony and those two cyclists who caught him, chased him down, pinned him
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down, and actually were part of the trial. so one of those cyclists describes what turner's facial expression was like when he was pinning brock turner down after all of this and he told the court, quote, i noticed that he was smiling. so i said, why are you smiling? stop smiling. turner later took the stand and he claimed he was nervous. and he said this quote to the prosecution when asked about his facial expression. i was laughing at the situation of how ridiculous it was. cnn legal analyst joey jackson and danny cevallos join me live. he said he thought the situation was ridiculous and that's what led to him smiling, but he also just prior to that said he was so scared that this guy was chasing him and that's the reason he was running, he was afraid. do you go from being afraid to thinking something is so ridiculous that you giggle and smile? it seems so incongruous. >> you're trying to get out of the situation so what happens, ashleigh this is how it works in
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law. admit what you have to admit. deny what you have to deny. but explain yourself and make sure that you do it to the benefit of a jury believing you. apparently they didn't. he's convicted and the result is we're talking about the case. >> but we're reading this now -- >> yes, we are. the whole transcript. >> sat in the courtroom like the judge did, aaron persky, doesn't this speak to remorse? this gets reduced to two months and out on friday in time for school start. >> when it comes to sentencing, to play devil's advocate, it's a whole picture approach. what we're looking at is a few lines from two separate transcripts. one of the things you put up there, yes, the good samaritan said, why are you smiling? stop smiling. conceding ly even that witness says brock turner said i'm not smiling. so, yes, those are very damaging lines, they're about six or seven total lines from a lot of testimony. in sentencing you look at the
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whole picture and one of the single biggest driving factors, whether you like it or not and if you don't like it call your legislators, is of defendant's prior record. if you don't have a significant prior record then you're in line for among the lowest of sentences. >> however -- >> however, what you also look at is the significance and gravity of the case. how significant is the case? how did it impact the victim? how will her life be as a result of your conduct? so, yes, you look at prior history but you leave it in a judge's discretion to make a decision appropriate to the law. and we're talking about this because the widespread feeling is this is not. >> it was crystal clear how the victim was impacted by all of this. she said it in court more eloquently than i could have put voice to her words when i read it here on television. real quickly, guys, i want to read you another piece of brock turner's testimony, his lawyer asked him, the last time that you saw jane doe, we're not using her name, that evening,
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was she awake in your opinion? and he answered yes. so the question was, was she conscious? he answered yes. the question was, was there anything about your conversation with her that caused you to believe that she didn't understand what you were saying? and the answer he is, no. so my question is, to the both of you, as briefly as you can, how is it that brock turner thinks that she's completely capable of consent in the condition she's in and he's right next to her but two passing cyclists from many, many yards away are crystal clear that she is passed out drunk and unconscious and barely able to move? how is that something the judge gets his head around? >> number one, this could be exhibit "a" to the reason, rare is the defendant's case improves when the defendant actually takes the stand. this isn't necessarily bad lawyering, this may have been their only shot putting him on the stand and he did not akuwait himself very well. so in this case, brock turner is trying to make the case that, yes, the last -- up until the
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very last moment she was conscious, she was speak iing t me, i said i'm going to vomit, she said, okay. something to that effect. but the bottom line is you can say it but is it credible? and in this case, it was not credible when weighed against the two good samaritans who came to her rescue. >> in addition to that is the following question, whatever you say has to be matched against the physical evidence. when you have police that arrive and they apparently determine that this person's unconscious, there's pine needles there, she's unclothed, her dress is up. she's snoring, are you okay? she's not responding. how is that consistent with someone, oh, they're up, alert, they're all right. and at the end of the day if your story doesn't make sense, no matter what you say, a jury sees through it, you get convicted but, unfortunately in this case, you get a sentence like this. >> pretty hard to go from zero to 60 that fast and be completely -- >> she was fine. but now she's unconscious. >> legally capable of consent to completely incapable of waking up and hearing a police officer
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and only knowing that she's in the hospital at her next step. we are staying on this. he's getting out friday. it will be a big day friday. thank you both. thank you as well. really appreciate you watching "legal view." "wolf" starts right now. hello. i'm wolf blitzer. wherever you're watching from around the world, thanks very much for joining us. up first, we're less than 71 days away from the presidential election and just two days from donald trump's major speech on immigration. the speech wednesday follows a week of conflicting comments from donald trump. the lingering question now, how will he deal with the millions of undocumented immigrants living in the united states? here is how his campaign manager, kelly conway, explained tr trump's approach. >> he has said that if you want to be here

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