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tv   CNN Newsroom With John Berman and Poppy Harlow  CNN  May 15, 2017 7:00am-8:01am PDT

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everyone's talking about, tonight. and the bill you need to pay? do it in seconds. because we should fit into your life, not the other way around. go to xfinity.com/myaccount -- captions by vitac -- www.vitac.com all right, good morning, everyone. i'm john berman. >> and i'm pop aepy harlow. so glad you're with us. the president is headed to the capitol, where he will speak live in just moments. top of mind for this white house is who will replace fbi director james comey. over the weekend, attorney general jeff sessions interviewed eight people that you see on your screen, possible picks to replace comey. an announcement, which the president says is possible this week, is already drawing scrutiny and warnings from democrats. >> yeah, so as the president heads to the capitol, a big question for us this morning, will he address that search when we hear from him very shortly?
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let's begin at the white house with cnn's joe johns. joe, what are you learning? >> reporter: good morning, john. the attorney general's role in the firing of james comey is certainly being called into question this morning, even as he started out in the interview process to find comey's replacement. now, one of the big problems, certainly, for the attorney general, is the fact that he announced to the world that he had recused himself from all things relating to the russia investigation, that because he had an appearance of a conflict of interest after meetings with russian ambassador sergey kislyak. now, of course, it's compounded by the fact that the president of the united states did go on the record in a public interview and say that the russia investigation actually was a factor in the firing of comey. so, the ethics of the situation have been called into question by democrats on capitol hill,
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and the fred werth heimer watchdog group, democracy 21, has also called on the attorney general to remove himself from the process of selecting a new fbi director, all of this after former director of national intelligence went on tv, on cnn over the weekend, and said the president of the united states essentially is undermining the system of checks and balances in the country. listen. >> i think in many ways our institutions are under assault, both externally -- and that's the big news here is russian interference in our election system. and i think as well, our institutions are under assault internally. >> internally from the president? >> exactly. >> because he's firing the checks and balances? >> well, i think, you know, the founding fathers in their genius created a system of three co-equal branches of government
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and a built-in system of checks and balances, and i feel as though that's under assault and is eroding. >> reporter: senate democratic leader chuck schumer has said the senate ought not confirm a replacement for comey until sometime well after at least a special counsel is named to investigate the russia situation. the senate republican leader, the majority leader so far opposed to that idea. back to you. >> joe johns at the white house, thank you very much. among those being considered for this top job at the fbi, senator john cornyn, former congressman mike rogers and acting fbi director andrew mccabe. also there's talk about trey gowdy as well, and some are urging the president not to tap anyone with political ties. our jessica schneider is tracking that for us. good morning, jessica. what are you hearing? are there any leaders on this list so far? >> reporter: well, at least eight people interviewed this weekend, poppy and john.
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and you mentioned cornyn and rogers. both of them republicans and very political, but the push for a non-partisan pick is coming from both sides of the aisle. you can see here john cornyn, republican from texas, senate majority whip, the second most powerful republican in the senate. and then, of course, there's mike rogers. mike rogers was formerly at the fbi as a special agent, a former republican congressman from michigan. he has actually been endorsed by the fbi agents association. they're pushing for president trump to make him their pick. so, also on that list of eight, you have current acting director andrew mccabe, also former assistant attorney general under president bush alice fisher, in addition to new york judge michael garcia, fbi special agent in charge adam lee, as well as judge henry hudson from virginia, and also frances townsend, the former homeland security adviser to george w. bush. she also served in the department of justice under president clinton. president trump also said it is possible he could pick someone
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before departing on this is overseas trip on friday. senator lindsey graham, meanwhile, is telling the president, look, keep politics out of this. >> i think it's now time to pick somebody that comes from within the ranks or of such reputation that has no political background at all that can go into the job on day one. you know, who does the fbi director work for? to me, it's like appointing a judge. the president actually appoints a judge, but the judge is loyal to the law. >> reporter: so, that push for a non-partisan pick coming from both sides of the aisle. we know that president trump will be reviewing the reports and recommendations from all of these interviews over the weekend. perhaps there could be more candidates as well. we do know the president will meet with a few of the leading candidates himself before making his pick, the president saying it could potentially come before friday. poppy and john? >> all right, jessica schneider for us. we are watching it very closely. look, it is some push for an fbi director with no political ties, but former cia director james woolsey says finding someone who actually wants this job could be
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difficult. listen. >> i think it's going to be very hard to find a good fbi director who is willing to operate under the circumstances that we've seen this week. >> all right, let's bring in our panel, james galliano is a cnn law enforcement analyst and retired fbi supervisory special agent. richard painter is a former white house ethics lawyer. and mike baker is here, former cia operative and co-founder of "diligent tell-all: a global intelligence security forum." nice to have you all here. mike, let me begin with you. you seem to be on the side of lindsey graham and those who say absolutely no one with any political background whatsoever. why? >> well, i think, first of all, i think it's what's needed at this time. i think it's what's needed by the fbi. i think that would be the best step for them. to bring in an independent,
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low-profile director. look, we don't need a high-profile individual in this position. it's the director of the agency. what do you need? you need a solid manager who understands the culture of the fbi, who understands operations investigations. bringing somebody up through the bureau -- i'm not sure that's going to happen -- but what i'm saying is that would be, i believe, the correct pick. bringing anybody in with any baggage at all -- and that would include the current acting director, mccabe -- i think would be opening this up to just endless firefights on both sides of the aisle. >> james, what do you think of this? you actually worked in the bureau. >> yes, and it's interesting because i heard the argument from mike rogers, and it was posited this morning on your show by the fbi association president tom o'connor, and i also heard he's got broad support from the other side of the aisle, elijah cummings supporting him. i think that the argument that the next director has to come from within the ranks of the fbi
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is a facile argument and here's why. fbi agents are trained in close-quarter battle how to take down an assailant and all those kind of things. the fbi director, their job is battle on the hill, in the oval office. and i think out of the seven fbi directors, full-time, appointed by congress fbi directors -- i served under four of them -- only one of them, louis freeh, was a former fbi agent. i just don't think that needs to be part of the calculus for saying this guy or woman's going to be good for the job or not. >> there was a fascinating interview done with fbi director james comey not this week, not last week, in 2014, but it reared last night on "60 minutes," and it is worth taking a listen to this part. >> you say that the president wanted independence from his fbi director, but the justice department answers to the president. >> it does, but it has to maintain a sense of independence from the political forces. i don't mean that as a per
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jurortive term, but the political forces in the executive branch, and that's why the director is given a tenure term, so it is guaranteed that you'll span presidential administrations to make sure that you're leading in a way that's not influenced by the political winds. >> richard painter, to you, with your hat on as a former white house ethics lawyer. is there, given comey's comments about why fbi directors have ten-year terms and why they have to be beyond politics or even the appearance thereof, do you believe that anyone with a political background can be tapped and be trusted by this president at this point in time? >> oh, i think they can. i've worked in republican politics for about 30 years. i know some of these people. they're very good people. i think they could do an excellent job as director of the fbi, but it's going to be critical that there will be an independent prosecutor for the trump/russia connection investigation. that should not be handled by the fbi director. and neither should any other of
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i think the many scandals that this administration. none of those should be handled by the fbi director who is an appointee of the president. there needs to be an independent prosecutor. that should be done before there is a confirmation of any nominee for the fbi directorship. but these are all very, very good people. i think i'd consider all of them. i also want to emphasize that the attorney general, jeff sessions, should stay out of the trump/russia matter. he already recused, yet he got involved with firing comey. that's a breach of the agreement. he also lied to the senate judiciary committee about his own contacts with the russians. so, i think the attorney general really has made the situation a lot more difficult than it needs to be. he needs to recuse. >> and i understand your opinion, the attorney general, your call for a special prosecutor. neither of those things seem to be happening right now. what is happening is the deputy attorney general, rod rosenstein, is going to capitol hill this week to brief senators at some point in a closed-door meeting. richard painter, what does he
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need to say? what questions do you think he needs to answer to the senators? >> well, i think that the firing of director comey was completely mishandled by the white house and the justice department. we had lies being told by the white house press office that were repudiated almost immediately by the president of the united states. i think that was a disaster, so he's going to answer a lot of questions about that. but furthermore, going forward, there is no excuse for not having an independent prosecutor. and the longer this administration drags that decision out, the worse it's going to be. there has to be an independent prosecutor for the trump/russia matter and all of the other scandals coming out of this administration. no new fbi director should be asked to investigate those things with a president who's just simply going to say you're fired the minute he gets close to anything that is incriminating. >> james, to you.
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former dni clapper said yesterday that he feels like the checks and balances that this government is based on is eroding and that that confidence is eroding and that these institutions, the intelligence agencies are under assault. are you in contact with folks at the fbi who feel the same way? is that a widely shared feeling, do you believe? >> i don't. i have the utmost trust and confidence in the institution that are the men and women of the fbi. i mean, to steal a woody allen line, i think the method that president trump dispatched with his fbi director was a travesty of a mockery of a sham. it's his decision. we fully support that and understand that. it was the method that he did it. whether or not the fbi is going to, you know, implode because of this, i say absolutely not. the men and women of the fbi are committed to the ideals of the constitution and their allegiance to our motto, which is fidelity, bravery, and integrity. >> mike, one last word.
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four days before the president's overseas trip. what can he do in those four days to turn things around politically and within the fbi? >> well, i don't think he can do anything politically to turn this around. i think it's going to be an endless assault on pretty much anything he does politically for, you know, the foreseeable future. i think as far as the fbi goes, i think they're doing what they have to do. they need to be transparent in their interview process. again, i would argue -- look, mike rogers i think would do a very fine job. there's no doubt about that. but i would just say that, again, i think to try in an effort to at least put a cap on the hyperbole and some of the hysteria that's surrounding james comey's departure -- and i agree with james, absolutely, it was the messaging, it was the optics, just like so many other things with this administration, it's a self-inflicted wound that didn't really have to happen. but i think if they go with the nonpolitical approach to this, they at least have a chance to tamp this down, and at the same
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time, bring somebody up, again, who can be independent and aggressive, of course, with investigations that need to go forward. >> thank you very much. we're out of time. we appreciate it, james, richard and mike. thank you so much. we are, as we said, waiting for president trump to leave the white house. he's headed for capitol hill. he's going to speak at a national peace officers' memorial in just a few minutes. question is, is he going to bring up who he is thinking about tapping to replace james comey? north korea says the u.s. mainland is now within striking range of its missiles. what are we learning about the latest test carried out by the regime? and some good news this morning. so far, we are hearing there are no signs of a new wave of cyber attacks. the bad news, doesn't mean there won't be one soon. when did you see the sign? when i needed to create a better visitor experience. improve our workflow. attract new customers. that's when fastsigns recommended fleet graphics. yeah! now business is rolling in. get started at fastsigns.com.
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commentator. let's talk about the republicans, shall we, in the capitol right now? how much pressure are they under if you're a republican senator right now who's going to have to confirm who the president picks to be the fbi head? what kind of pressure are they feeling and what does it do to them that one of the people being interviewed is the senate majority whip, john cornyn? >> yeah, the conversations with republicans i've had on the hill aren't so much about who it will be. obviously, those parlor games always happen. but more, is the person going to be allowed to do the job? can the next fbi director be independent or somebody donald trump can push around or fire at his leisure and set up the same situation as james comey? and john, i know what a big fan of the yankees you are. it's a bit like having derek jeter and only letting him bunt. you need somebody that can do the job that they can do best, and that's the big concern. it's not who. >> as long as he doesn't have to play defense. >> i was just going to say, would you like a shot back? hilary, chuck schumer came out over the weekend and said, basically, cease any working
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with the republicans at all when it comes to confirming an fbi director until they guarantee, until the administration or the attorney general's office guarantees to us that they will put in place a special prosecutor on the russia matter. they don't seem to have the support that they're going to need behind that one. do you think that that is universally shared sentiment among most democrats? >> you i don't think so, for this reason. i saw the leader said that, but look, if the president nominates somebody who is a respected law enforcement official, i actually think it's a mistake for senate democrats to try to keep the fbi in turmoil. it is very much in our interest to have the fbi be operating and functional. i think we have heard from a lot of great reporting over the last several days that there are a lot of unhappy investigators and prosecutors over at the justice department who really want the chance to look at this issue and make a, you know, good determination and have the
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resources for an investigation. getting a serious fbi director in there would help that. now, if the president appoints a politician, you know, who's going to be loyal to the party and not the country, then i think that senator schumer's point is the right one. >> just what i was going to ask you, would you feel the same if it was senator john cornyn? and you answered my question. >> when you look at the polls, they're pretty interesting on where the president is on the firing of james comey. 47% disapprove and 32% say they don't know, 29% approve. doug heye, 58% of republicans, though, say they approve of the dismissal. if you look, we have that. 58% of republicans say that they approve of this. does this indicate why we haven't seen more pressure from leadership, maybe more criticism from republican leadership of the white house in this matter, that republican voters just don't care as much as some perhaps elsewhere do? >> yeah, and i think not only on the national numbers, but if you
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drill down into congressional districts and into states, donald trump remains overwhelmingly popular with republican voters, and republican senators and republican members of the house know that. that's why so many of them who aren't necessarily thrilled with what's happened in the past week or the past 100-plus days, are focused on their committee and their subcommittee. they're going to do their job because they don't want to get caught in the tangle nationally with trump unpopular, but in their district, he remains popular, so they're keeping their heads down. >> what is the best play, hilary, for democrats, if he picks one of the political folks? trey gowdy not on the list has been a name floated, senator john cornyn, mike rogers, who has the report of several democrats, including elijah cummings, is a republican who was elected to congress. what's the right play for dems if the president does go the political route on one of these folks? >> well, i don't think they're all in the same category. mike rogers, for instance, would be i think a pick seen as sort of serious with real law enforcement background. but here i think is our
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challenge as democrats -- nothing, nothing, nothing -- hear me -- will substitute for democrats being laser focused on the american people, the economy, making sure that we have a message going into, you know, the next two years that is a real alternative to the chaos that the gop leadership has turned this country into, to the taking away health care from people to not focusing on jobs to thinking about a tax cut for the wealthy instead of for, you know, the middle class and really something that creates job training and other things to grow the economy. so, that's what democrats have to do. it is so easy to chase this shiny, you know, object of an investigation into donald trump. we ought to focus on getting professionals and prosecutors doing that, and we ought to make sure that we actually are responding to what the american people want from us. >> interesting to hear hilary rosen say this, which may be why
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you don't see enormous enthusiasm on the obstruct chuck schumer matter. and maybe a white house shake-up, looking to replace staff, particularly in the communications office. you're a communications expert. you run in a lot of communications circles. do you think there are a lot of republican spokespeople out there dying to fill those positions at the white house? >> look, there's a saying in washington that when the president calls, you say yes, so i think there are a lot of people who will go step in. i hope they would be good-quality people, but regardless of who the team is on the field, this is donald trump's administration, he's the one who's going to tweak, he's the one who's going to give off-the-record quotes that's critical of his staff. as long as that dynamic remains in place, to some extent we're talking about chairs on the "titanic." >> my grandmother used to say, people don't change. and donald trump at this point in his career has had too much of his own success and too much, you know, engrained activity to change. and so, people going into the white house have to be eyes wide open. their reputation, their ability to tell the truth, their ability
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to actually do their jobs is completely compromised, and i don't see that changing. >> although like doug says, when the president calls, you do pick up the phone and take that. doug heye, hilary rosen, thank you for being with us. tonight on cnn, house minority leader nancy pelosi sits down with chris cuomo for a town hall discussion at 9:00 p.m. eastern on cnn. coming up, north korea says one of its nuclear missiles could carry a nuclear weapon and hit the united states. the message from north korea to the u.s. -- don't provoke us. hi..and i know that we have phonaccident forgiveness.gent, so the incredibly minor accident that i had tonight- four weeks without the car. okay, yup. good night. with accident forgiveness your rates won't go up just because of an accident. switching to allstate is worth it.
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all right, new this morning, north korea state media says the u.s. mainland is now within striking distance of its missiles. >> this is after a successful missile test over the weekend. the north koreans are now saying one of their missiles could carry a large nuclear warhead. analysts are looking at this, and they say this test is very significant. it's a big advancement, because at the very least, it shows north korean missiles could reach the u.s. air base in guam. joining us now, major general james spider marks, our military analyst and advisory board member at academy securities. your reaction to how significant this is, because you've got john schilling, an aerospace engineer, johns hopkins, saying it represents a level of performance never seen before from the north koreans. is that your read as well?
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>> poppy, it is concerning, very concerning, primarily because what this is is the continual march of north korean development of both its nuclear capabilities and its missile capabilities. let's be frank, for the last couple of decades, what we've seen in the last -- comparing the last couple of decades to the last three years, we've seen more missile tests in those last three years than we have cumulatively over the past couple of decades. that's not surprising. north korea has chosen this path to create this capability. they have nukes. they just need to marry them up with these missiles. but in complete isolation. again, all international bodies that are incredibly globally that are very interested in north korea and a nuclear north korea those should be worried about, but arguably, nobody has been able to modify the behavior of this regime so this becomes chilling enough that we do something about it. south korea has just had an
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election. they have a new president. he has indicated that he wants to try to distance himself and south korea from this, what i would call this very tight fabric with the united states, this immensely capable, very robust military alliance that has provided for the security of the south, and we'll see how that happens as we progress over time. so, this missile launch i think had another audience, and that is the new president in south korea. >> yeah. >> spider, we've got about 30 seconds left right now. the fact that this test happened in the wake of all the president's pronouncements, all the meetings with china over this, what message has it sent from north korea? >> look, again, north korea is a self-stirring pot. we get a lot of questions of the president stirring the pot with his tweets. none of that's relevant. what's relevant is that north korea continues to develop these capabilities. we really have three options. we've got to get china on board and agree what the options are for pyongyang, and that is a nonnuclear peninsula, certainly a nonnuclear north korea. we have to agree on that and work aggressively to make that
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happen. second, which is absolutely almost impossible to understand but could be a possibility, makes you want to throw up in your mouth, and that is, we might recognize pyongyang, if that's what the kim regime wants. that might be sufficient. and the third option is clearly military option, go after its nuke facility, and you go after its two missile launch facilities. that has a cascading effect that we would all want to try to avoid. >> sure. three difficult options there, some, as you said, distasteful, to say the least. major general james "spider" marks, great to have you with us. >> thank you. you know democrats are awfully upset with the trump administration. how upset? one prominent law school professor says the president should be impeached and impeached now. stay with us. got it.
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all right, moments from now, the president heads to the capitol to speak before the peace memorial law enforcement association, recognizing those who died in the line of duty. he just spoke to a group of officers inside the oval office. we just got that tape. let's listen in. >> last year, 118 officers died in the line of duty, and of those, 66 were victims of malicious attacks. these attacks increased by nearly 40% from the year 2015. this must end, and that's why in my first action having to do with this subject, the department of justice i am asking to develop a strategy to better prevent and prosecute crimes of violence against our federal, state, tribal and local law enforcement officers. they've had it with what's going
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on, and we're going to get it taken care of. we're going to get it taken care of quickly. and i want to thank you all for being here today. it's a great honor to have you. great honor to have you. >> thank you, mr. president. >> some of you have suffered greatly, and we're going to take care of it, okay? we're going to take care of it. [ applause ] >> i think i'll present this pen in honor of a very great man, right? congratulations. thank you. thank you very much. >> the president with some law enforcement officers inside the
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oval office very shortly. he heads to the capitol to speak at this group at the peace memorial to honor their service and those who lots their lives in the line of duty. of course, we're also waiting to hear if he talks about his process about determining the next director of the fbi after firing james comey last week. so we are waiting to hear from the president. in the meantime, our next guest has plenty to say on this subject. he believes that the president should be impeached and now. joining us, lawrence try, professor at harvard law school. professor, thank you so much for being with us. you were in an op ed in the "washington post" this weekend, saying "the remedy of impeachment was designed to create a last-resort mechanism for preserving our constitutional system." in your mind, we're already at the last resort after not even 120 days? >> well, this guy does a lot every day, as he reminds us. we just heard something very good, he's going to do things to protect cops. important. but he is basically a loose
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cannon. and with every passing day, he rolls around the deck and blows holes in the ship of state. when he fired comey, people don't quite understand, i think, the problem isn't that he didn't have the right to fire the director of the fbi -- he certainly did. the problem is that the constitution doesn't give him the right to offer the director of the fbi a deal, a rather sweet deal. you want to be reappointed? well, i think i'll reappoint you if you lay off on your russia investigation. that's called a bribe, and the constitution is absolutely clear. it says the president and vice president shall, not may, but shall be impeached, convicted, and removed from office for committing a bribe or other high crimes and misdemeanors. >> okay, professor, you call it
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a bribe. you nor i nor john were in the room for their dinner or heard their conversations. now, there may be tapes of them, as the president alluded to in a tweet on friday. and if so, we would all like to hear those conversations. however, you write that to wait for the results, to even wait for the results of these multiple investigations over russia is to "risk our nation's fate -- tying our nation's fate to the whims of an authoritarian leader." that is your description of him as an authoritarian leader. why not wait, even to find out the results of the russia investigation? why the urgency? >> first of all -- the point is that we have it from the leader's own mouth. of course we should investigate. what i specifically say in the op ed is we should immediately begin an investigation into an abuse of power, but that is an impeachment investigation. while we do that, we should investigate his ties to russia, all of his business entanglements. i'm not saying that, as he said,
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you know, jail hillary now. i'm not saying kick the guy out of office tomorrow. i'm saying that we should not wait until it's too late to begin an impeachment investigation, because as the checks and balances are dismantled, as more and more of the officials of our government know that when they get too close to the truth, the president will disregard the limits of the constitution and get rid of them, the closer we get to that, the more difficult it will be to undo the harm. >> professor, you say -- and again, your op ed was saying we should start the impeachment process now. you said to wait would be dangerous. you're saying we need to investigate whether there was a bribe, but on our show just moments ago you said there was a bribe. so, you have already convicted him of that, yes? >> i believe that he's confessed publicly that he would keep comey on, he would have kept comey on, if comey had assured
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him his loyalty, had assured him that he wasn't being investigated. now, he may take that confession back. i'm not saying that the proof is absolutely certain, but impeachment is an important remedy, not a punishment. the guy remains punishable criminally for the crime of bribery after he's been removed. you can't indict and criminally prosecute a president while he's in office. but what you can do is gear up the machinery to see if the bribe that he has confessed to, the obstruction of justice that he has essentially admitted to and bragged about, is what it appears to be. you know, when you're writing these -- >> many, many legal experts -- professor, let me just jump in. many legal experts agree with you that it was perhaps not right for the president to ask, for example, for this pledge of loyalty, as widely reported that he did from comey, but not
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illegal to do so. you know, the bar for an impeachment proceeding is high for a reason, right, violating the constitution. do you believe, you know -- what do you say to critics who might look at you and say you are just throwing this out there without even waiting, without putting a pause button on it, waiting to see what the russia investigation shows, waiting to see if there are these tapes, waiting for a bit more evidence before starting those proceedings? >> i have said the proceedings -- the basis for the proceedings is clear enough. when president obama, in my view, violated the clean air act by doing what i thought was good policy but illegal, i didn't hesitate to say that we should call him on it. this is not politics. and then there were a lot of liberal law professors who disagreed with me. i don't take the poll of law professors to see whether i think the constitution, which i've studied for 50 years, has been violated, but i'm not jumping to the conclusion.
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i'm trying to jump-start the process, and i know that a lot of people don't think this makes a lot of sense, but i'm going out on a limb for a purpose. i want national attention to be focused on what this president is doing before it becomes a new normal, before dumping everything down so profoundly and evasively our reality that we'll no longer recognize it when we see it. you know, this is the guy who said he could go out and shoot someone on fifth avenue and my supporters would stick by me. i think we have to take him at his word. >> we have to leave it there. we're out of time, but we appreciate it. >> thank. >> we appreciate the spirited debate this morning. thank you, laurence tribe. next, a huge cyber attack around the world. it's been dampened for now, but will they strike again? you don't let anything
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all right, this morning experts are afraid of a new wave of attacks after hackers pulled off the largest global cyber attack ever. at least 200,000 computers have
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been held hostage so far. the areas you can see right there in orange infected by a ransoming software called wannacry, a virus that demands people pay hundreds of dollars to regain control of their files. >> companies right now are hoping their employees don't see this screen pop up when they log into their computers this monday. our tech correspondent, samuel burke, is live with the latest. samuel, i had been under the impression that this did not hit the united states as much, but if we pull up that map again, you see all those orange dots all over the united states. what's the deal with this virus here right now? >> reporter: the claws of this virus are sinking in all around the world. nobody is immune for this. and in fact, we're also seeing a huge uptick in china. poppy, keep in mind that on friday morning, this news broke. people in china were already sleep. they're going back to work and their computers have been infected over the weekend and they're seeing this message for the first time. also, we're seeing new strains of this virus. maybe it's the same group of cber criminals and they've changed the code, or maybe it's
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just copycats and it's infecting the united states and other countries that way. plus, here in the uk, we still have seven hospitals that are affected. they've actually had to cancel out-patient appointments. so think about how technology is affecting human lives there. and you have microsoft blaming the nsa for this. remember, if you updated your windows computer, you're fine, but actually, microsoft is saying this is code the nsa developed and it was leaked or stolen from the nsa, and when that code gets into the hands of the bad guys, this is what can happen. of course, microsoft to blame as well, because their windows computers weren't able to withstand the nsa or hackers this time. >> fair point. samuel burke from london, thank you. nice to have you on. meantime, luooking at stock, stocks have been rallying on the news in the u.s. the ransomware attack is proving to be somewhat of a wake-up call for these security firms like fireice and cisco systems seeing shares jump on the news. as for the dow as a whole, it's
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up on the day about an hour and a half into the trading day, just slightly up 81 points. the bump thanks in part to higher oil prices and raising stocks. >> the president is headed to capitol hill to speak at the peace officers' memorial on capitol hill. we're waiting to hear if he will talk about his search for a new fbi director. i can just quit school and get a job. daddy's here. hi hey buddy hey dad i think we can do this. adam baily. adam baily.
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all right, the president's travel ban 2.0 facing another legal hurdle today. administration lawyers argue in front of the ninth circuit court of appeals, trying to sway those justices to reinstate the suspended travel ban for a second time. >> cnn's laura jarrett in
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washington for us with the very latest. laura, what have you got? >> reporter: well, for the second time, guys, the state of the president's travel ban is back in the hands of the ninth circuit court of appeals, a court that trump has repeatedly blasted on twitter and elsewhere. you'll remember him calling for the court to be broken up, and certainly heighteni ining the intrigue here is the fact that today's panel is made up of three judges, all appointed by former president bill clinton. now, i should point out that they do have a range of viewpoints with judge richard paez seen as the more reliable liberal vote, whereas judge ronald gould and michael hawkins are considered more moderate. judge hawkins ruled that a ban on same-sex marriage in california was unconstitutional. judge gould by way of background voted to expand title nine to protect discrimination for high school athletes. and judge paez, a former staff
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attorney for the legal aid foundation also found that arizona once too far in enacting certain immigration-related restrictions. so, that's just by way of background, but the political leanings aside, the biggest challenge for the justice department here is going to be convincing at least two out of those three judges that trump's past statements about muslims during the campaign trail do not matter for purposes of assessing this executive order. >> and laura, what about the fact that the fourth circuit -- because this is being tested in the fourth circuit and the ninth circuit -- they chose to have a wider panel of justices. the ninth circuit could have chosen to have more than these three justices to hear this, and these three, as you pointed out, all appointed by president clinton. >> reporter: yeah, that's right. and because they only have three, i don't think it would be unusual to see them come back faster than the fourth circuit, because they have a final panel of judges -- a larger panel of judges, i should say there, poppy.
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>> all right, laura jarrett reporting for us. thank you to that. we'll keep an eye on those hearings as well and hearing live. you'll see it here live 12:30 p.m. eastern. stay with cnn. and of course, we're watching the president, set to speak very soon. that is all for us today. i'm john berman. >> i'm poppy harlow. thank you for joining us. "at this hour with kate bolduan" begins right now. hello, everyone. i'm kate bolduan. we are following breaking news. the president in his own words this hour. president trump is set to speak at an event on capitol hill honoring fallen police officers. it's the national peace officers' memorial service. vice president mike fence and attorney general jeff sessions, they will also be on hand for this annual gathering. the president will be addressing law enforcement as he continues, of course, to face the fallout from his firing of one of the country's top law enforcement officers, fbi director james comey. we're going to bring you the president's remarks in full as soon as he begins. will he address his now search

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