tv Washington Week With Gwen Ifill PBS May 20, 2016 7:30pm-8:01pm PDT
>> hillary clinton declared herself the democratic party nominee. where does that leave bernie sanders? donald trump talks terror threats and supreme court nominees. president obama pushes through sweeping new rules to extend overtime pay to millions more americans. i'm john harwood in for gwen ifill tonight on "washington week." >> a plane got blown out of the sky. if anybody thinks it wasn't blown out of the sky, you're 100% wrong. >> the consequences of his statements are not just offensive to people. they are potentially dangerous. >> unpredictability has become the calling card for the presumptive republican nominee. donald trump named potential supreme court choicetors reassure nervous conservatives. then he turned to hillary clinton's qualifications and bill clinton's past. all while democrats face
internal strife as bernie sanders targets the party's rules and its front-runner in a fight for transformation. >> the democratic party is going to have to make a very, very profound and important decision. it can do the right thing and open its doors and welcome into the party people who are prepared to fight for real economic and social change. >> and new rules from the obama administration making millions more americans eligible for overtime pay. around the table tonight, dan balz, chief correspondent for "the washington post." lisa lerer national politics reporter for a.p. the legal editor for reuters and alexis simendinger, white house correspondent for real clear politics. >> award-winning reporting and analysis. covering history as it happens. live from our nation's capital.
once again, live from washington sitting in for gwen ifill this week, john harwood of cnbc. >> good evening. the republican party has wrestled with bitter divisions for months. donald trump on one side. the stop trump movement on the other. but suddenly it's the democratic race that's awash in bitterness as bernie sanders keeps trying to spark a political revolution and democratic leaders want him to back off so front-runner hillary clinton can focus on november. tensions between the two campaigns erupted in a ballroom brawl at the democratic convention in nevada last weekend. the vermont senator officially an independent throughout his career in washington shared his frustration with the democratic
party during a rally in california this week. >> in every state that we have run in, we have had to take on literally almost the entire democratic establishment and in state after state the people have stood up and helped defeat the establishment. >> clinton is looking past her democratic challenger and aiming her attacks on presumptive republican nominee donald trump. she flatly declared trump unqualified to be commander-in-chief. >> if you go through many of his irresponsible, reckless, dangerous comments it is not just somebody saying something off the cuff. i have concluded he is not qualified to be president of the united states. >> trump threw it right back at the former secretary of state using words from sanders as his weapon. >> bernie sanders says that hillary really isn't essentially not fit to be president. she is not qualified to be
president. you know why? he said because she suffers from bad judgment. >> let's start with the widening democratic divide. many clinton allies have been quiet and polite about the attacks on the party and front-runner. what is happening behind the scenes? >> a lot of frustration in the democratic party with sanders' insistence on staying in the race. the math is really not there for him. the pathway is more and more narrow. basically by the primary, she has less than a hundred delegates away from capturing this nomination. the problem a lot of democrats have told me isn't so much that bernie sanders is staying in the race. they believe it's his right to stay through all the primaries and of course as we remember that's what hillary clinton did in 2008. it's his tone. it's that he is staying in the primaries and actively going against her and now with the spectre of donald trump looming on the other side they're awfully nervous he is in fact weakening her at this crucial moment as the party heads into the general election. >> why is he taking that tone? what is he trying to
accomplish? >> that is the question in washington of the week, of the day, of the hour. that is what everybody is wondering. there are a lot of theories. there are theories that this is his campaign is taking that tone and he really doesn't think that. you know, i think when you're a politician and you're attracting thousands of people to your rallies, money is still coming in. of course not at the pace it once was. it is really his fundraising has really slowed down but he is still has huge crowds at these rallies. thousands of people. he wants to get his message out and he believes that these kinds of attacks are resonating. it's possible he believes that there still is a pathway there even though that would largely depend on the super delegates who are by their definition party insiders. that is a pretty tough road for him to go down. >> lisa, you just referred to the -- he just referred to the roles in that clip. is there any way he can change the math at all? do you envision a scenario that would work in his direction at this point? >> you don't want to say anything is impossible in this year in politics, right?
it has been a highly unpredictable year. it is really, really, really hard. she is as i said less than a hundred delegates away. the way the democratic system works is it is proportional. even when she loses she still picks up delegates. once you have the gap it becomes very difficult to catch up. the only way he can do it is by flipping the super delegates and not just a couple dozen like president obama back in 2008 but hundreds of super delegates. super delegates are elected officials. they are lobbyists. they are party officials. they are people who love the democratic party. that's why they're super delegates. they are not likely to come along to a guy attacking the party. it just doesn't seem like a realistic scenario at all. >> one of the things we've heard from senator sanders over the week is almost an acknowledgment at times that he understood he was not going to be the nominee and was looking ahead to the convention and the platform. what is the latest on the fighting going on inside the
democratic national committee? there have been some harsh words exchanged this week about the importance of the convention to the sanders campaign to bernie sanders and what they hope to achieve. >> one the things his supporters really want are the platform changes to get some of their ideals enshrined in the democratic party platform. it is mostly, it is an important document and sets the tone for the party. it is not like a legislative document. they would like reforms to campaign finance, some of the wall street regulations put in the platform and changes made to the system how primaries work. pretty arcane stuff. i think there is an incentive when this is all said and done for bernie sanders to get on board with hillary clinton. first of all, i think it is hard to imagine any liberal in washington wanting to be the guy that helps elect donald trump. nobody wants that. >> and he said that. >> least of all bernie sanders. and should democrats be able to regain control of the senate, there is potentially an awfully good job for him which would be chairman of the senate budget committee where he could, you
know, affect a lot of the principles that he has been talking about in his campaign. >> we spent the spring talking about how chaotic the republican convention might be because of the divisions within the party. this week that shifted toward the democratic convention in philadelphia. what is your sense of how worried the clinton people are about how quickly they'll be able to get the party unified after the primary end? >> they are not -- there is some degree of worry. they were hoping to basically wrap up the process when the primaries end in early june. now it looks like this can continue all the way into july. that complicates a lot of things including how you run a -- plan a convention and integrate the supporters. they certainly don't want scenes of people booing at the convention or kind of chaotic scenes we saw in nevada this week. so they're hoping to do what they can to get sanders and his supporters onboard. there aren't a lot of natural allies between the two candidates in 2008. dianne feinstein really helped broker that peace and hosted a
very famous meeting between barack obama and hillary clinton at her house. there isn't a natural person to do that in this case. elizabeth warren's name is tossed around. it is unclear how realistic that is. so there aren't a lot of pathways for brokering this peace and that i think makes people nervous. >> let's look at a little data. the one thing both trump and clinton share are high unfavorabilityy ratings. if you look at these numbers from the cbs/"new york times" poll you can see 2-1 negative for donald trump. hillary clinton is slightly better than that. the only one of the three major candidates left is bernie sanders at 41/33 but of course he doesn't have much of a shot at the nomination. if you look at the general election matchup hillary clinton and donald trump, it's now a six-point race. it had been 10 in the cbs/"new york times" poll. it is getting closer. dan, what's happening? why is donald trump drawing closer to hillary clinton? what can either of them do to boost their favorability with voters in the next few months? >> boy, that second question is a very tough question and
having talked to people on both sides about it, there is some sense that there is very little that they can do other than kind of the natural course of events, which is to say, once a person becomes the nominee, voters begin to look at them a little bit differently and presumably a successful convention makes people feel a little bit better about them. but we've never had two nominees who are as unpopular as these two. i think the numbers are tightening in part because the republican party is beginning to coalesce around donald trump. surprisingly because there are still some very prominent holdouts, speaker paul ryan being the most prominent, who have yet to endorse. but as you look at some of these polls, he's getting a very substantial part of the republican vote equivalent to what she is getting in the democratic vote. and i would have thought this might have taken a little bit longer to happen. one thing that is helpful to him among republicans is the reality that whether they love donald trump or not they really
don't want hillary clinton and that is a motivating factor in the way republicans are beginning to think about this race. >> speaking of consolidating the republican vote, donald trump who still hasn't released any tax records, did put out a list of eight men and three women he would consider nominating to replace the late justice antonin scalia on the supreme court. here's what all 11 of those have in common. >> i want high intellect. i want great intellect. these people are all of very high intellect. they're pro life. and so that's my list. we are going to choose most likely from this list. perhaps outside of the defense of our country, perhaps the single most important thing the next president is going to have to do is pick supreme court justices. >> so, john, we'll talk about president obama's pake little later who is still languishing but what do we know about the trump 11? >> well, this is interesting because this is a departure from some other things he has done. this list is similar to what maybe another republican presidential candidate might have put out.
11 people, six federal judges who had been put on the court by president george w. bush, five state judges. that's really unusual. we haven't had a state court judge elevated to the supreme court since 1981 when ronald reagan chose sandra day o'connor from arizona. so that's also showing a bit of his wanting to go out in the heartland, wanting to pick someone not from inside the beltway at least hypothetically. we should all be cautious about this list. we don't know how real it is. he has said it's a representation of what you want. he has said he might add names. but let's just take it at face value for this moment. >> joan, on the political question are conservatives in fact reassured by the names on this list? >> yes, yes. but they've also -- they're expressing both some favorability toward this but also a little skepticism. will he actually put these people on? one thing i will mention, there are two names that were not on his list that typically come up
for republican candidates. one is paul clemente the former u.s. solicitor general who has been the go to lawyer for conservative causes including the birth control mandate that we'll talk about later in the program and a man by the name of brett kavanagh who is a judge on the d.c. circuit which happens to be the spring board for a lot of federal judges. in fact, justice scalia came from the d.c. circuit. so donald trump has broken a little bit from that practice in terms of going with insiders. but all 11 of these people are folks with a record. i do just want to point to one that has a little amusement in his background. a texas judge by the name of don wollett who trump chose who happens to be almost a rival tweeter like donald trump. he has mocked donald trump repeatedly and one of my favorite tweets way back when was can't wait till trump rips off his face mission impossible style and reveals a laughing ruth bader ginsberg with the
idea being people worried about the court would neff want donald trump. but he put out a list that again will not reassure liberals but conservatives. >> speaking of ripping off people's faces, dan, donald trump -- >> interesting segue. >> -- in addition to naming these potential appointments also went very hard at bill and hillary clinton, at their relationship, at bill clinton's past, you know, talked again as he has in the past about bill clinton as an abuser of women. is that a potent attack? are we going to see a lot more of it? >> we'll see a lot more of it. donald trump is going to go places in terms of his rhetoric in this election that no candidate has ever gone before. he's already signaled that. there's been discussion of will he become somewhat more, you know, will he go through a modification once he becomes the actual nominee? i don't think there is any indication at this point he is going to tone down his style. and he is a relentless attacker. one of the things he wants to
do's put hillary clinton on the defensive in any way he can. one way he wants to try to do that is by bringing up bill clinton's past. i think obviously in part because he is so weak among women at this point, he's got such terrible numbers among women, he needs to do something to kind of change that equation. but, also, i mean, you know, he's doing a variety of things, john, that are meant to reassure republicans that he can really take her on. some of them are the kinds of things you're talking about in terms of the attacks. others are the kinds of things in terms of what he did with the supreme court justices, he signed an agreement this week with the republican national committee to begin to jointly raise funds which the party badly wanted him to do and it took a while to get that done. he's made other appointments which are reassuring to kind of the party establishment. so he is going in several directions at once to try to show that he is going to be the same kind of candidate he's been throughout the primaries. but also that he understands that the party wants to see certain things for reassurance.
>> we're going to shift to the current occupant of the white house. and that's relevant to you. millions more americans will become eligible for overtime pay later this year. thanks to a change being pushed through by the obama white house. vice president joe biden announced the new overtime rules and explained why they're long overdue. >> for example the fortune 500 on anies, the c.e.o. made average 32 times as much as the average employee. today it's 380 times as much. what happened? >> now the obama administration says the rule change is a means to restore and expand the middle class but, alexis, it is also a legacy move for the president. >> oh, absolutely. very much a political effort to expand what it is the president says he ca imto office to do and hopes to defend and to see a democratic president who follows him if he hopes to
continue. but also to really argue the case more strongly, i think, to voters who are anxious about the economy and concerned about whether the system is rigged against them, that the government works, the government can do positive things for them that with the department of labor behind him, this rule making that took a couple years to actually complete, that in an instant he can argue, look. we'll change the scales for those of you who are salaried, who are getting in some way the shaft from your employers on what you're being compensated for. so in an instant it went up the threshold went up to $47,476. if you earn under that, you now have to get paid overtime if you're working at more than a 40-hour a week and you are within the actual description of it. all of that is an argument very much along the lines of what the democratic party is trying to say and will say at its convention. president obama is going to play a big role at that convention to argue as we've
been talking about with lisa, bringing the party together. trying to argue forcefully about why he believes not only the record of the obama administration is positive but the record going forward with the democrat would also be positive. that is finishing what we started. >> republicans in congress say they want to block this rule. can they do it? >> they cannot do it just, unless they do new legislation. that's the bait, right? the bait is that this was done by rule making over several years. it's indexed for inflation but in the far distant future. in other words it would actually begin to increase by inflation without congress trying to act. but the bait is go ahead and try. go ahead and try to tell middle class americans who just got a raise that you republicans want to take it away. and so in some ways that is part of the political jiu-jitsu, right? >> let me ask a practical question. it affects millions of workers and there has been some push back from businesses. you know, how do you think this will play on the ground?
>> conservatively the administration says $4.2 million sail -- 4.2 million salaried workers could benefit. there are other estimates that say the downstream effect could be much more. the business community especially small businesses have pushed back and said, look. the economy is just not strong enough. this money has to come from somewhere. and we're going to have to change either who we offer the salary to, in other words the category of who the manager is or we'll have to clang them to hourly workers. the administration has said go ahead and do that because their argument is any way you do that it is going to work. the employers are saying, no. this money we'll have to raise our costs, have to trim the number of jobs and the people we employ. and so there is, you please, a lot of unrest about how it would actually work. i have to argue it has to happen by december 1 so that isn't too far in the future. >> are there other things in the pipeline like this? we've seen these things happen in the final year though he has done executive order things
over the course of the last few years but how much more of this is kind of sitting out there that might pop? >> well, if the administration has gone around the cabinet table and almost chosen in the last year something from almost every department, so, you know, there probably is more coming. what it is i don't know but rule making is one thing. >> thanks, alexis. this week the supreme court avoided issuing a major ruling on a challenge to obama care, one of the president's other legacy achievements. this case involves religious groups that oppose the mandated contraception coverage under the affordable care act. joan, the judges said there was room for compromise between the two sides. did they sketch it out? >> a little bit but it is a question of whether the two parties can actually get together and whether the litigation will continue or there will be a settlement. at issue is a provision spawned by the obamacare law enacted through a regulation that requires free birth control for employees nationwide. and a group of religious organizations that want to -- want out of it and can opt out
of it -- the government is saying you can opt out of it but have you to tell us who your insurance company is and fill out some forms. they said, no. we don't even want to do that to be we don't want part of the process that would then enable anybody to get birth control. we want, we just don't want any part of it. and the justices now are divided, four liberals, four conservatives, came up with an unsigned opinion that essentially kicked it back to the lower courts and said could you please figure out a compromise here? now, it was essentially a unanimous ruling by the justices to these courts saying even though most of you have rules for the administration saying that this provision just requiring notice on the insurance issue is not impinging religious rights, we're going to throw out those rulings and have you start all over again. so it is really tough because what -- it is actually a very fine line to walk here. the obama administration has already tried to accommodate the religious organizations,
for example the archdiocese of washington, a group of nuns called the little sisters of the poor. very attractive name for this case. you know, so this has gotten a lot of sympathy that way but the administration is saying, look. you don't need to be part of providing this kind of coverage but we do need to know, you know, about your employees and who the insurance companies are. >> if we had nine justices on this court would the case have been decided? >> you would have had a ruling and probably would have had a ruling reversing the lower courts with five conservatives. so because justice scalia in an earlier case on the issue in 2014 had very much been against the administration thinking that this kind of requirement could impinge on religious rights. >> we've seen a number of these cases over the health care law. are there other cases perculating in the lower courts we could see rise up to the supreme court? >> they constantly, yes. [laughter] >> i think march 23, 2010, and it went into effect a couple years later, we have the one in
2012, the major one. we had a second version of it last year. those were larger challenges. this, lisa, was not a direct hit on the law, itself, as much as on this provision. and that is exactly what we'll start seeing. more that go to individual provisions here. >> is the flow of cases slowing down at least? >> well, what's happening is they're kind of minimizing in terms of their getting to the guts of the law. they're now around the fringes but as you can see when you talk about religion and birth control it inspires lots of other passions. >> thanks, joan. thanks, everybody. now i'm delighted to tell you and you will be delighted to hear gwen ifill will be back aroundhis table next week right where she belongs. be sure to tune in. as always the conversation continues online on the washington week webcast extra where among other things we'll talk about president obama's trip to vietnam and hiroshima and some of the cases still to be decided this term by the supreme court. you can find it later tonight and all week long at
♪ ♪ hello and welcome to kqed news room. coming up, how donald trump is affecting california gop efforts to rebrand the party. and a personal look at life on the streets. in the words of one homeless man. plus, troubling new findings at sonoma county jail. a kqed investigative report. big news coming out of san francisco, the city's embattled police chief stepped down yesterday, hours after the shooting death of a black woman by a san francisco police officer in the bayview district. it was the third officer-involved killing since december and came amid growing calls for chief greg suhr's resignation. mayor ed lee made the announcement yesterday after meeting with suhr. it was an