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tv   CNN Newsroom with Poppy Harlow and Jim Sciutto  CNN  November 16, 2018 7:00am-8:00am PST

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decided in minutes. >> we're also following an apparent clerical slip that suggests the feds have decided to prosecute julian assange. the wikileaks founder's last name popped up for no apparent reason in a court filing in an unrelated case. also this morning, another story just gets bigger every day. more than 600 people are now said to remain missing in the california wildfires. a staggering increase from yesterday. we will be live in what's left of paradise, california, in just a moment. >> we begin with what prosecutors in verirginia are calling an administrative error. the name assange, we all know that name, julian assange, they're saying it has no apparent connection to a routine motion filed months ago in an unrelated case. it certainly suggests the wikileaks founder may soon be in a major legal fight of his own. >> let's go to laura jarrett. laura, it looks like the lawyer here used a template, right? for another case, and that
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revealed assange's name. do we know what particular path prosecutors are taking here? what are they prosecuting him for? >> jim, good morning. that's the big question on everybody's minds right now after this colossal, massive error, just uncovered last night for the first time, even though had it been sitting on the public docket since earlier this month. unfolding last night after a fellow at george washington university discovered it, posted it on twitter, and it's all part of this unrelated case having nothing to do with assange at all, but it was an opportunity for the prosecutors to try to keep it under seal. and as they were trying to keep this other matter under wraps, they made two explicit references to charges against julian assange, wikileaked founder. i want to read one part of it from one of the filings here. it says the complaint supporting affidavit and arrest warrant as well as this motion and the proposed order would need to remain sealed until assange is arrested in connection with the
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charges in the criminal complaint and can therefore no longer evade or avoid arrest and extradition in this matter. now, we asked a spokesman over there in the eastern district of virginia what is this? how did this happen? they say it is a court filing that was made in error. joshua stevie said it again today. clearly, they are admitting this was an error. it had nothing to do with assange, but raising questions about what is this criminal complaint against him, what could the charges be, could it have to do with the dnc hack, the result of the distribution of thousands of e-mails we saw in the 2016 campaign, or could it have to do with things that happened years ago, as wikileaks has essentially disseminated thousands, a treasure trove of materials dating back to chelsea manning back in the obama administration. so we wait to see exactly what charges could be at issue here. >> okay, laura jarrett, thank you for the reporting. you'll stay on it for us.
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let's go to the white house where we have learned this week alone, the president has spend three days crafting answers to robert mueller's questions on collusion. those answers could land on the special counsel's desk as soon as today. sarah westwood joins us. you know, we haven't heard from the president yet today. clear, though, his nerves are sort of shaken, potentially about all of this. what can you tell us? >> that's right, poppy. the president has been lashing out repeatedly at special counsel robert mueller as he's been huddling with his lawyers. three days in a row this week, ironing out answers to the written questions that the special counsel submitted to the president. the president again referring to the probe as a witch hunt. going after the mueller probe, calling the inner workings a total mess. this as his lawyer rudy giuliani tells "the washington post" there's potentially what he described as possible traps among the more than two dozen questions that the white house has received from the special counsel. and meanwhile, this is all taking place against the
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backdrop of broader turmoil in the trump administration as the president weighs a shakeup of his cabinet, he's already ousted the attorney general, looking at other major changes to his senior staff. but kellyanne conway told reporters this morning the president is not frustrated by the speculation over potential staffing shakeups and she denied or downplayed the possibility that we will see some big changes ahead. take a listen. >> the president was frustrated by the -- >> he's not frustrated by it. he's frustrated by congress failing to act on immigration. if he's frustrated about anything, it's that this town doesn't keep pace with his rate of change. he wants to make even more changes. he wants to make sure we don't go backwards on what is clearly a humming and successful economy. >> now, sources have told cnn that the president has been in a dark mood since the midterm elections. as we're looking at the turmoil
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one the trump administration, as you mentioned, poppy and jim, the answer to special counsel robert mueller's questions could be at the special counsel's office as soon as today. >> okay. >> sarah westwood, thanks very much. let's discuss with rick santorum, former senator from pennsylvania, and symone sanders, cnn political commentator as well. senator santorum, the president, his lawyers, they got what they wanted. they got the take-home test in effect. written questions they would reply written answers to. now we hear the president's lawyer rudy giuliani is complaining about some of those written questions. he calls them unnecessary. he goes on to say there are some that create more issues for us legally than others. why can't the president of the united states answer written questions from a special counsel? >> well, he will. he's in the process of doing so. and i think he will answer them. obviously, you know, director mueller is someone who is a pretty smart cookie when it comes to trying to get
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information. and i'm sure they put some pretty challenging questions out there. and pushed the envelope on the president. it's up to him and his lawyers to make sure they truthfully answer those and do so in a way that obviously protects their client. >> but isn't that the thing? truthfully answer them, because they use this term again, perjury trap. the way, like a speed trap, you avoid a speed trap by not speeding. with a perjury trap, you avoid that by giving a truthful answer, don't you? >> look, one of the challenges that the president's team has is that the president can depart from the truth at times. so i think it's really important for them, and it's probably why it's taken longer and probably why they're not going to put the president in front of the -- in a direct interview with mueller and his staff. they have to really hone down and pound him to get the ground truth on a lot of these issues.
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so i hate to say it, but it probably takes a little longer. >> i'm going to write the phrase down, the president can depart from the truth sometimes. >> i said that more than once. >> if i can be a little more blunt, i think the president has lied. and is a loan liar and lies about small things, things that folks don't even know why he chooses to lie about them, and that is in fact why his lawyers are very concerned about him answering questions in person and on paper from the special counsel. >> let me also get you on this, because when you talk about the importance of press freedom and real news, we're about to get the ruling from the judge in the cnn case against the white house in terms of press access. we have also learned overnight that the president's top pick right now, the person our reporting has him leaning to to potentially pick to be the u.n. ambassador for the u.s., heather nauert, was asked about how dictators around the world have used this fake news rallying cry, sort of echoing president
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trump. here's what she said. >> when the president has spoken about fake news, when other world leaders have spoken about fake news, there is such a thing. one news magazine, for example, referring taking the secretary's quote about iran and twisting that quote and making it inaccurate. that information was used by the iranian regime, for example, and i can give you all the details. for its own propaganda purposes. so fake news, i hate to say, but is a real thing. >> she is a former abc news reporter, former fox news reporter. what's your reaction? >> i think this is dangerous. you know, as a communications professional, i have definitely been in situations with reporters for a candidate or for a client but i don't like what the reporter wrote, i don't like what the reporter is saying, the reporter's quote/unquote interpretation or editorializing about an issue, but it doesn't mean it's fake news. we have to protect journalism.
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what makes america different than other places around the world is that we do operate with a free, fair, and open press. and we have to protect that. i think we have to -- you know, it's important for folks to have a great working relationship with reporters, but fake news is dangerous. when journalists and folks are literally putting their lives on the line across the world, when people, jamal khashoggi, he lost his life for speaking out and telling the truth and being critical with his words on paper. this is serious business. and i think it's very dangerous for the administration to be trafficking in this conspiracy theory, if you will, of fake news. >> the thing is -- >> i can't disagree more with that. let's be honest here. journalists have to protect journalism. we all know because cnn, i understand, i work here and i know they work very hard to get it accurate, but let me just be honest. there are lots of news networks out there in this new media world where -- >> like breitbart?
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like infowars? >> one at a time, please. >> let me finish. i let you talk. let me finish. so the idea that because of the technology wave and the rush to get the story right out there the first time, not right, but just to get it out there, we have seen a degradation of the quality of news. you see a lot of fake news, opinion leaking into the hard news cycle. that is real. if journalism just wants to say that doesn't happen, there is no such thing as fake news, i'm sorry. the public isn't buying it because it's not true. >> senator, here's the difference. i want to give you a chance, because i cover this deeply. fake news is a real thing. fake news is something that's been weaponized by authoritarian states such as russia. it was injected into our election in 2016. absolutely fake news. the thing is i'm not denying there is mistaken reporting out
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there. c n cnn has made mistakes. >> i'm not talking about you. >> would you grant that's not the same thing as deliberately fake news. the president claims repeatedly the reporters make sources up out of the either which is not true. >> what they do is report things that are not well sourced. >> that's not what the president says. that's not what the president claims. >> but that feeds their agenda. and that's fake news. if you're reporting something that you don't have good sources on or you haven't really checked out but it comports with the story line you want, that's fake news. that's just as guilty as making it up. >> no, so i think we havec conflated a few things. fake news has become synonymous with news we do not like. if we want to talk about fake news, i.e. altered information, that come from the internet, like breitbart in some instances. like infowars. >> left and right. you mentioned two on the right.
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how about some on the left? >> okay, those are instances -- these are outlets that the white house has now brought into the white house, that they have labeled as actual journalism, when that is not real journalism. when you're talking about news that maybe reporters don't get all the facts together, that's not fake news. those are errors in journalism. i think we have to hold reporters accountable. again, i worked for folks when they had my candidate or my principle or my issue wrong, but that doesn't mean it's fake news. we have to be careful with the language because we could slip real quickly into a place where we're demonizing journalism, and we're in a place where the american public doesn't believe what's written on the front page of the newspapers anymore. >> we could slip into a place? i mean, we've slipped. >> we're there. >> real news is, you know, yeah. all right, thank you both. it's an important conversation. you'll be back. have a good weekend. symone sanders, rick santorum. >> at any moment, a federal judge is expected to rule on the cnn lawsuit against the trump
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administration over press access to the white house. we're on top of that. also, to florida. florida racing to recount votes in a tight senate race. you're looking at live pictures of work going on around the clock here. these ballots now being counted by hand. >> and just the devastating news from california. now more than 600 people are missing. that in just one of california's major wildfires still blazing. 600. we'll be live in california next.
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northern california's camp fire, just an astonishing number. it's risen over the last several days. officials say at least 63 people have now been confirmed killed in what is already the deadliest, most destructive fire in the state's history. those who were able to evacuate are giving chilling details of their escape. >> i couldn't breathe. i couldn't see. it was black and red and it was terrifying. i really thought that's how i was going to die. >> unreal. our scott mclean is in paradise, california, for us again this morning. so i mean, we hear these harrowing stories of people abandoning their cars, abandoning their cars as they're trying to evacuate, and now this number, 600 plus believed missing. >> pretty scary number, poppy. one quick thing, one quick update we just got from firefighters. they managed to get the fire 45% contained. it's now grown to 142,000 acres.
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obviously, they're getting a reprieve with the lack of windy conditions. and they're hoping to get this fire under control quickly. that number, though, you mentioned, is pretty staggering. it's gone up. more than doubled since yesterday. more than 600 now. the reason is because authorities believe that or authorities, excuse me, have been going back through 911 calls and police reports that were filed in the early hours. the early frantic hours of this that may have been set aside to make sure anyone reported missing at that time is added to the list. many of the folks on the list are probably safe and sound. it's just a matter of having them check in with authorities. the bigger concern for the well over 20,000 people who are out of their homes is finding a place to stay. of course, there are hotels, many of them are booked. it's almost impossible to get a room within an hour radius of here. there are also shelters. but many of them are jam packed and four are also dealing with the norovirus outbreak. that's not a very appealing option for a lot of people. so yesterday, we found that many
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people have just resorted to staying in tents, in a walmart parking lot, or staying in their cars. that one woman, jennifer, she was staying in her friend's car, actually, in that parking lot with her 7-year-old daughter. she's also lost her job doing home care work in paradise. obviously, there's no one left in paradise to care for. i asked her what's next. listen. >> that's where i don't know. i'm kind of stuck. i don't know if i'm going to stay here or leave. if i stay here, i don't know if there's ever going to be a paradise again. i don't know if -- it's going to be a long time, i'm sure. everything is gone. i don't know. that's the hard part right now, what i'm going to do next. >> and jim and poppy, there are also questions being raised about the effectiveness of the emergency alert system that texts you or called land lines to warn you to evacuate. many people say they never got that alert or if they did, it came quite late.
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the sheriff defended the system this week, saying that this fire just moved so quickly, it was difficult to stay on top of it. he also said that some people may have gotten the alert and just chosen to ignore it. the president, he will be here tomorrow to survey the damage for himself and speak with a lot of people like jennifer fitzgerald. as i said earlier, it's not going to take much to find them. >> someone has to help those people find shelter that they can live in. >> yes. >> and survive in. it's remarkable. scott mclean, thanks very much. >> so we're also awaiting a decision any moment now from a federal judge in washington, d.c. expected to rule in cnn's lawsuit over press credentials. press freedom at the white house.
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"all sites are green." all of which helps you do more than your customers thought possible. comcast business. beyond fast. well, we've seen recount 2.0. now it's hand recount 2.0. broward county, florida, is where they're doing it. officials here and across the state have until noon sunday to recount by hand some of the ballots cast in the state's senate race. right now, republican rick scott leads incumbent bill nelson, the democrat, by just 12,000 votes. >> let's go to jessica dean, our colleague in west palm, florida. so what's the latest? >> well, good morning to you guys. we're here in west palm beach, florida. they have not started the hand recount here. that's scheduled at 11:00 a.m.
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we have seen volunteers trickling in. all across florida, in every county. volunteers are going through and evaluating overvotes and undervotes. overvote is where the machine read more than one vote in a particular race. and undervote is where the machine didn't read any vote in a particular race. so they need human eyes to take a look at this and discern what was the voter invent. we'll keep an eye on it. >> jessica, thanks. we have to break in here because we have breaking news now. just in to cnn, a federal judge has sided with cnn saying the white house was wrong to revoke our colleague jim acosta's press pass. federal judge timothy kelly ordering the white house to reinstate his press pass. >> immediately. >> they had sought immediate relief to this. so a victory in this case. you can say broader, more than for cnn, for press freedom. >> again, this is about all
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press access to the white house. whether any administration likes questions asked or the tone they're asked in or not, this is about the first amendment and the fifth amendment. our experts are with us, brian stelter and jeffrey toobin. jeffrey, to you on the law, this seems to be from what we're seeing initially even more of a fifth amendment due process win here. >> right, and it doesn't necessarily mean jim acosta and cnn's ordeal is over. but there should be no ambiguity, cnn and jim acosta won in court today. what the judge said is if you're going to take away a hard pass, there has to be some sort of explanation. some sort of process, some sort of standards for doing that if you're going to -- if you're going to threaten first amendment rights in this way. so basically, what the judge has done has thrown this issue back to the white house and said, okay. there may be a justification for you to take away jim acosta's
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press pass, but you have to create and establish and follow some rules to do that. and let him understand what he's accused of violating and let him defend himself. but in the meantime, he gets his press pass back, and the status quo returns. >> until this point, to revoke a hard pass as it's called, you would need to be a threat to the president. is that right? based on a secret service judgment. is the judge inviting the white house to create new rules here? >> i think the judge is inviting -- not inviting, requiring the white house both to clarify what the rules are that justify taking away a hard pass, as these passes are known. plus, giving the hard pass owner, jim acosta or the next person in charge, some opportunity to say that's not fair.
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it's not right. create some sort of process for rather than just taking it away willy-nilly. >> brian, the argument that cnn's attorneys made here is that this was capricious and arbitrary, doing this against jim acosta and against cnn. and this is the judge agreeing with that in part. >> yes, at times this judge, a trump appointee, seemed to emphasize the limited nature of his ruling. it seems he does not want to say completely that this is a cnn -- that cnn is in the clear here. this is a legal battle, as jeffrey is saying. our colleagues in the krcourtro are sharing quotes from the judge. at the courthouse, they said the judge said i want to emphasize the very limited nature of today's ruling. i haven't determined that the first amendment was violated here. i have not determined the nature of first amendment interests in this case, but the headline is that the temporary restraining order has been granted. that means acosta's press pass is returned right away and will
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at least be in his hands for a short period of time while the underlying legal arguments are determined. >> then emergency relief was granted. he has it now. but there will still be a court proceeding. the same judge will then make a larger decision down the road? >> not yet. >> on permanent relief. >> i guess the ball is really now in the white house's court. they have to decide. now, in a sane world, i think, what would happen is jim acosta would have a meeting with the white house communications director. and the director would say let's knock it off. let's lower the temperature here. let's, you know, behave like adults. then the whole thing would be dropped. >> that's a sane world. let's dismiss the sane world. >> that's how this would operate in a rational world. >> here's a question to both of you on that front. even if that's the case and that solves the issue between jim acosta, you know, and cnn and the white house on this front, this is, again, a bigger case,
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jeffrey. this is a case about whether any white house or any administration has the right, the fifth and first amendment right to do this. shouldn't it be a case that ultimately is decided big picture? >> well, not necessarily because the next step, as i understand the preliminary ruling, is that the white house has to either drop the whole thing and, you know, patch things up or establish clearer rules about what justifies the removal of a hard pass and how the accused hard pass abusers are allowed to defend themselves. >> focus on the fifth amendment. he's saying it's all about due process. he's not ruling on the first amendment right now. it's almost as if this judge begrudgingly is giving this press pass back but knows he has to follow the law, the precedent that goes back to the 1970s which says if you're going to deny a press pass, you have to have a specific reason and that means a threat to the president's life. >> all of us, including me, are
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often cynical about judges and we say he's a trump appointee, as if that's the answer to all the questions. this strikes me as an extremely savvy and wise resolution of this case. i mean, this is a way of sort of preserving jim acosta's right to do his job and cnn's right to cover the news, which is paramount in our view, but also telling the white house, you know, you have a right to maintain decorum and discipline. you just have to do it in an orderly way. >> follow due process. >> sometimes it's about competence versus incompetence. oftentimes we see in the white house incompetence leads to problems and legal decisions against the white house, so we'll see if they can come up with a new way. >> i'm not going to ask either of you to predict, but i'm going to ask both of you to predict. based on -- you saw this with the at&t merger, right? a decision that seemed, that the opposition to it seemed to be far fetched and yet the white
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house pursued and i believe appealed. based on precedent, do you see the white house continuing with this case, in effect? >> look at what mercedes schlapp said yesterday. she's one of the communications officials at the white house. she said we're not going to tolerate bad behavior. she said that in the present tense. we're not going to tolerate it. she also wouldn't rule out revoking press credentials for other reporters. this comes from the top. the president of the united states does not want to be questioned. he does not want to be challenged. he does not want to acknowledge what real news is. he's lashing out. he lashed out nine days ago and acosta was the victim. >> he also hates cnn. the fact that he's targeted cnn is relevant. >> there's a beauty to co-equal branches of government, and checks and balances. don't go anywhere. jessica schneider, not only our correspondent inside the courtroom, but also an attorney, is with us. what stood out to you? >> well, you know, this was very interesting.
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this judge, extremely succinct and straightforward with this ruling and noting he wasn't going very broadly with this ruling but he was in fact granting a victory to cnn and our chief white house correspondent jim acosta. saying that the white house must immediately restore jim acosta's hard pass that allows him access to the white house on a daily basis. so this judge taking it very narrowly. this was just this emergency ruling. this was on the temporary restraining order that would restore jim acosta's pass for the short period of time while the litigation moves forward. there's the broader issue here, whether or not the first amendment, what rights there are within the white house grounds. the government in that hearing on wednesday made that very broad argument that really the first amendment protections do not extend within the white house grounds and that the president, they said, has broad range to tell which reporters he will take questions from and to
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let reporters know which ones he will actually admit into the grounds. so the judge saying here, i'm not ruling on those arguments. i'm only ruling on the fifth amendment due process rights. you know, he noted that the way that this all went down, he laid out the facts right at the top, right before he issued his ruling, saying the way this all went down, he put it this way. this is a highly unusual set of facts. then he laid out the fact that jim acosta showed up at the white house gate on that night, the day after the midterm elections. and that he was actually notified by tweet. he said that just did not satisfy due process. he also pointed to the fact that the government, when they made their arguments on wednesday, they couldn't point to who the ultimate decision maker was to revoke the hard pass here. they couldn't say whether it was sarah sanders, the press secretary, or whether it was the president himself. so he said that hodgepodge set of decisionmaking, whether it
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was by tweet or by statement or by the president himself, that just did not afford jim acosta the due process rights that he needed in order to have that press pass revoked. so a very limited ruling here, but quite a victory for jim acosta, for cnn, saying that yes, in fact, jim acosta needs to get his hard pass back right away. again, this judge ruling very narrowly, very limited in his scope here, and now this can go forward as to whether or not there were first amendment rights violated here. but this judge, again, we noted. i heard you guys note. this is a trump nominated judge. this judge has only been on the federal bench for just about a year now. so toeing the line very carefully here. very narrow in his ruling, but again, a big win for jim acosta and cnn, saying that the white house must restore his hard pass immediately. >> jessica, i could ask as well, because it appears we have the attorneys coming out.
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jim acosta and ted boutros, attorney for cnn. >> extremely pleased with the ruling today. a great day for the first amendment and journalism. we're very excited to have mr. acosta be able to go back and get his hard pass and report the news about the white house. i'll turn it over to jim. >> everybody, thanks for coming. i just want to say something very briefly, and that is i want to thank all of my colleagues in the press who supported us this week. and i want to thank the judge for the decision he made today. and let's go back to work. thank you. >> simple, short, and sweet from ted boutros, attorney for cnn. a great day for the first amendment and for journalism. that's a point we have been highlighting throughout the coverage of the story, as we noted, a number of news organizations across the board, news, print, including fox news, supported us because they saw it
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as a precedent that would affect cnn and other news outlets. i wanted to bring back jessica because the judge in his commentary in there did take down some of the government's, the white house's arguments, saying it was of questionable accuracy that jim acosta, for instance, placed his hands on the intern, but also said very, very explicitly that it would have caused irreparable harm to acosta and cnn to keep that pass revoked. so some fairly strong words from the judge, even in what was a limited ruling. >> right. exactly. and the judge here really had to follow the case law in the d.c. circuit. one of the overriding cases was from a journalist that was excluded from the white house back in the 1960s and 1970s. so the judge had to strictly adhere to that ruling. and the judge made the point that while the white house has said that cnn has 50 other employees which are hard pass
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eligible, that have those hard passes, it didn't matter. in this case, this was about an individual journalist, about an individual journalist's rights, the due process rights and whether or not those were violated. in which case the judge said there was the likelihood of success they would prove the due process rights were violated. but it didn't matter that cnn has a whole cadre of journalists, photojournalists, reporters, producers. what mattered was jim acosta as an individual journalist and the fact his due process rights were likely violated here. that he didn't get the opportunity to be heard or there wasn't any clear notification. and there wasn't -- it was unclear who exactly made this decision. the reasoning from the government, from the white house, was jumbled. the judge did reference that as well. he said initially, sarah sanders mentioned that jim acosta had placed his hands on that intern who tried to take the microphone away. but then the judge also noted that in later statements, that
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reasoning wasn't mentioned. and the white house simply referred to disrespectful conduct on the part of mr. acosta. he said that was problematic as well. but yes, the judge definitely ruling that it is the individual journalist's rights that should not be interfered with in this case. it doesn't matter about the organization as a whole and whether or not they have other journalists to supplant jim acosta in this case. it matters for the individual right of a journalist and their press freedom, and their due process rights. >> the law matters. we have seen it here. we saw it with the muslim ban. we saw it with family separation at the border. the judges step up for the law. >> jessica schneider, great reporting. thank you. let's bring back in jeffrey toobin and brian stelter. jeffrey, i have always been proud to call jim acosta a colleague and a friend. but just those words, all he said was let's get back to work. this is not about him. this is about press freedom, and he will go back to work today. >> and look, the criticism of
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acosta is always that he's too aggressive. he's a showboat. that's what you hear on fox news, that he grand stands. you saw jim acosta simply saying he wants to get back to work. there's a lot to cover at this white house. there's a lot to cover in the trump presidency. we need to have reporters on the front lawn covering these stories every day, including jim acosta. it's an important moment for press freedom because this entire case is a test of the rights that we have in america for coverage of the white house, for coverage of politicians. and even reporters in other states, covering state houses, who cover city councils, they're watching this, too, because a tone gets set from the top. the president's attacks on the press are endless, but today, the institutions worked. the courts ruled in the favor of the free press, and of course, as yjessica was saying, limited ruling, but it waw an important first round. >> what was so striking about this was the unanimity of the press corps. everyone from "the new york
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times" to fox news itself saying this is not right, what happened to jim acosta. >> because they know it could be them. >> that's right. one way of looking at what jim acosta was accused of doing was being too aggressive with follow-up questions. another word for that is journalism. >> there you go. >> and if that results in losing your ability to do your livelihood, throwing you out of the press corps, that's a threat to everyone who covers -- as brian said, not just the white house, but state houses and city halls. >> think of the precedent. i said this on the air the other day. the only other personal experience i had was in china, where china rejected and overturned and took away press credentials because they didn't like the questions asked or the coverage of the stories. i'm not saying the u.s. is china. i'll just saying there is a commonality there. >> you don't want to get close to that. >> there's a lot to protect about the american experiment. this is part of it. cnn issued a statement, cnn and
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acosta. it said we're gratified with this ruling and the result and look forward to a full resolution in the coming days. our sincere thanks to all who have supported not just cnn but a free, strong, and independent press. >> i do think it is worth pointing out that this process is not over. the white house has a choice to make now. >> to proceed. >> they can, it seems to me, call jim acosta in and say, look, we really thought what you did was wrong. we hope you knock it off. but let's shake hands and move on. that to me is the smart resolution. alternatively, the judge did give them an invitation to say we are going to establish procedures. we're going to continue to try to take away your hard pass. we're going to continue this battle. the white house now has to choose which of those courses to go. >> the president loves a fight. he loves to pick these fights. but he lost today. >> he's already been fund-raising off of this fight with cnn. >> he could make a political judgment that continuing this in the courts, even if it's a
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loser, eventually, is in his political interests. he's made decisions like that before. jeffrey, brian, thanks very much for covering this throughout. a fascinating story for us to cover. we have a lot more news. we'll be right back. ♪ ♪ ♪ ♪
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12,000 votes. officials have until sunday to finalize the hand counted votes. let's go to republican congressman carlos curbelo of florida. i appreciate you being here. aside from the numbers and the drama, what about the claims of from from fellow republicans like rick scott, republican. republican senator of florida, marco rubio. both talking about potential fraud in this election. what's your response to them? >> yeah, poppy. i think the problem is that some of these supervisors of elections have been so incompetent that to some, it can appear like fraud. for example, when invalidated ballots get counted, well, perhaps fraud isn't the opposite word, but it's incompetence that does threaten the integrity of elections. >> you're not worried about the claims of fraud that is unsubstantiated that are made by the president and marco rubio, it doesn't concern you that it
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might affect the american people. >> certainly, i have seen no evidence of fraud. however, i have seen evidence of incompetence that does also threaten the integrity of our election. it's unfortunate the president and others have used words to try to undermine the elections in florida or the public's trust and confidence, but we also have to remember that whether it's fraud or incompetence, we should all be in favor of an electoral process that's transparent and of integrity. >> amen to that. let me ask you about you. you're outgoing. you did not win your campaign for re-election. you're also the co-chair of the bipartisan climate change solution caucus. you were the first republican in a decade to really propose substantive climate change legislation. and that was in july. the proposed tax on carbon emissions. do you think you paid a political price for that among republican voters? >> not at all. on the contrary, in my district in south florida, that was a
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winning issue. and it's an issue that i'm going to stay very active on because quite frankly, if people like me want to keep living in south florida, in miami, we need to take care of this issue. we put together a solution that i think is going to be very useful for the next congress. we have good republicans like congressman francis rooney who is in southwest florida, who i think is going to take a leadership role in the bipartisan climate solutions caucus. this is one of the big issues where this new congress can show republicans and democrats can actually work together and get something big done for the country. >> can and will, two very different words and two very different actions. before you go, let me ask you this. in your current role, you know, while you're still serving the american people in the state of florida, you're going to have to vote on funding the government. in a matter of weeks here. are you willing to join democrats and some fellow republicans in voting against the government spending bill if it does not include protection
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for the special counsel bob mueller? >> well, in the past, i have withheld my vote on spending bills for important priorities and i have said over and over again that the special counsel's investigation must be allowed to proceed uninhibiting and uninterrupted. so certainly, if there's an effort here to protect that investigation, i'm going to take a look at what exactly is being proposed, and i would certainly be willing to do right by the american people by the country as i have told the president and the white house numerous times. the best thing that can happen for the president is for this investigation to reach its conclusion, for everyone to see what happened, and then hopefully we can turn the page. but not before. >> so that sounds like a yes to me. >> it certainly is something i'm willing to consider. i would have to see exactly what's being proposed, but it is important to protect this investigation. and more broadly, to just protect the integrity of our elections and the integrity of
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our government. >> i appreciate your time. thank you for waiting around. we had a little bit of important breaking news. >> i completely understand. you have a good day. >> you as well. coming up next, nashville is much more than just music city. football fever has hit the town, and we're going to take you there next. gyear,...ews. this unitedhealthcare medicare advantage plans... including aarp medicarecomplete insured through unitedhealthcare.. . offer you a whole lot... . more. more choice... more benefits... and more ways to save. call unitedhealthcare today to learn more about our broad range of... medicare advantage plans including the only plans to carry the aarp name. for one low, monthly premium or, in some areas, no premium at all... aarp medicarecomplete plans can combine medicare parts a and b, hospital and doctor coverage... with part d prescription drug coverage... and more benefits... all in one plan. for 2019, many plans now include.......
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they're making me read this because it's the green bay packers. the packers' chances of making the playoffs taking a big hit thanks to the seahawks. i'm not sad. >> my giants lost the chance weeks ago. coy wire has more from nashville, home of this week's tums tailgate. >> good morning to you. i'm right here in the nashville underground. on broadway, and yes, they have their football and their food here. it's going to be a must-win for vanderbilt up the road here for keeping both folks alive. last night, the nfl in a back and forth battle looking to keep playoff hopes alive. the seahawks were down 14-3 at one point, but russell wilson would rally back. eddixon there with the touchdown would give them the lead with
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five minutes to go. aaron rodgers was on fire in this game. over 330 yards, but it was this incomplete pass here that would force a fourth and two. coach mike mccarthy decides to punt. the packers never get the ball back. rodgers was sacked five times in the game. the seahawks get the win 27-24. our tums tailgate is here featuring the incredible food and yes the football in the city, but this is music city. known worldwide for it, right? and so we want to talk to you about rhyming auditorium, an iconic place, called the mother church of country music because back in the late 1800s, it started as a church, but over the years, it transformed into one of the most incredible and iconic music venue in the world. primarily because it was home to the grand ole opry from the '40s to the '70s, and you had elvis presley, dolly parton, louis armstrong and others gracing the stage. last night, the beach boys.
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nashville is the place to be and the perfect place for our tums tailgate. >> we heard you were enjoying some wings while we were dealing with the breaking news there. i wish we could have gotten some of those. >> i wish you could, too. >> thank you for being with us. >> he gets all the good assignments. good exactly. thanks for joining us. have a great weekend. i'm poppy harlow. >> i'm jim sciutto. at this hour with kate bolduan starts right now. hello, everyone. i'm kate bolduan. we're going to begin with breaking news. a federal judge has just ruled in favor of cnn, and ordered the white house to reinstate the press pass of cnn's jim acosta. this is an important initial ruling coming from this judge in this case. the white house had revoked acosta's pass, as you'll remember, after a contentious back and forth with president trump at the press conference the day after the midterm elections. this is a case that has cnf's name on it, but it gets to a much bigger issue of the first amendment and press access to the white house. cnn's justice corre

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