Skip to main content

tv   Legal View With Ashleigh Banfield  CNN  June 2, 2014 9:00am-10:01am PDT

9:00 am
that's it for us, guys. michaela will be back tomorrow. "legal view" with ashleigh banfield starts right now. five long years away from his family, friends and fellow comrades. now, it is a long road ahead for recovery and reintegration for american soldier bowe bergdahl as he begins a life away from captors. as many celebrity his relief, some of the men who served with him on the battlefield aren't among those feeling so jubilant today. why they say bergdahl is no hero. and pro golfer phil mickelson catches the eye of the
9:01 am
fbi, and it's all over allegations of insider trading. hello, everyone, i'm ashleigh banfield. it's monday, june 2nd. welcome to "legal view." now, one very important bit of unfinished business from the war in afghanistan is now finished. but how it was finished, how it came about in the first place, and the potential for more trouble to come are the questions of the hour. we'll look at them all. we'll get a good hard look at them at all, beginning at the military hospital in germany where united states army sergea sergeant bowe bergdahl is being treated and debriefed after almost five years in the hands of the taliban. as you may be aware, the only u.s. service member held prisoner in the afghan war was released on saturday. in a very controversial swap for five taliban prisoners being held at guantanamo bay in cuba. those men returned to a hero's
9:02 am
welcome today in qatar. i want to get straight to the landstuhl regional medical center and cnn's international correspondent nic robertson. there are dribs and drabs of information coming in about bergdahl's condition, his trust of those he's now around, and how he's doing mentally and physically. what can you add to this? >> yes, we just learned in the last half hour he is in a stable condition. those are really the first details we've had from medical officials about how he's doing. we're told he is receiving treatment for conditions that require hospitalization. with particular attention to his dietary and nutritional needs. all this because he's been in captivity for five years. so it's clear that he hasn't been eating well. not clear how much he is physically suffering because of that. the debriefing, the information
9:03 am
that might be useful on the battlefield today, that's part of the reintegration process that's happening here to help him psychologically, to help him physically. of course today in afghanistan a service member forces there was killed on the battlefield by the taliban, an indication of just how much any information he may have that's time sensitive about the taliban could be useful to u.s. forces there, that sort of information also part of the conversations, we understand, that he's having, ashleigh. >> nic, so many people want to know why is he not speaking to his own family yet? we've had two days now and they haven't had any conversations with him in person. >> yes, sure, we've heard reports, accounts even that he's really sort of forgotten to speak english. even if you listen to one of those proof of life videos he made when he was in the hands of
9:04 am
the taliban several years ago, you can hear the accent in his voice, it was changing, changing away from his normal accent to something quite strange and weird. so there's a possibility there that there is a difficulty communicating. of course, you know, conditions stable, but how much is his dietary situation affecting his ability and strength to communicate and of course what do the doctors want to focus on. these are professionals who have done this thing before, this sort of reintegration, if you will, and very likely they're following the procedures they would always follow, and perhaps that does precluded immediately putting him in touch with his family. his father said he's like a deep diver, he's gone down so deep, if you bring him up too quickly, that could really damage him and hurt him. so the family seems to have that kind of understanding about his situation, ashleigh. >> it's remarkable. nic robertson reporting live for us from landstuhl, thank you. reporting to then private bowe
9:05 am
bergdahl, a senior official tells us we don't have any understanding of why he left his camp the night he disappeared in june 2009. sadly, we do know all too clearly the monumental cost of trying to find bowe bergdahl. from june of that september, that year, six u.s. soldiers were killed in ied attacks or firefights while directly involved in searching for bowe bergdahl, who, some say, had actually abandoned his post. a facebook page entitled bowe bergdahl is not a hero is filled with resentful claims that bergdahl betrayed both his comrades and his duty. cnn's barbara starr joins me now live from the pentagon. obviously, this is a very significant part of this story, although so far, barbara, it seems a very unclear part of this story. we do know that those who are
9:06 am
very close to bergdahl, members of his platoon, have been very critical, but what is the government saying? >> well, ashleigh, here at the pentagon what they are saying is they need to hear from bergdahl himself, in his own words, under no situation of duress, what exactly happened. how is it that he came that night not to be on this base. and when we talk about a base, we're not talking about a big military base, we're talking about a small enclave of troops in a very forward remote location with very little protection in eastern afghanistan. how is it that night that he came not to be where he was supposed to be. until they hear from bergdahl, they say, they don't have any absolute clear understanding of what happened. everyone is very aware of these social media accounts. everyone is very aware of what people who are saying, troops in the army, the troops in his own unit. but, really, at this point, they
9:07 am
say they want to hear from him. he has not been classified as a deserter in any point in these intervening five years. in fact, he was promoted on schedule and is scheduled at this point for another promotion in the next couple of weeks. but not classified at this point as a deserter. the army says they want to hear from him. >> i can imagine as soon as they are able to, if that's the condition he's in, that they can't even speak of these things yet, that they will. big question for you, though, barbara. in the wikileaks presentation of the millions of documents, among the documents that were made public, classified documents, were radio transmissions among taliban members referring to bowe bergdahl and his capture. i can't read them verbatim because the language is pretty crude. taliban member number one, we were attacking the post while he was sitting and taking a blank. he had no gun with him.
9:08 am
he was not even cleaned up yet. these are the direct words from taliban members to each other, that we were never supposed to hear. so it's not as though the government released these to try to, you know, make this an easier story to digest. but how does that square with what his platoon members are saying? >> well, let's call it -- perhaps he was at a makeshift latrine in the field. that is what this cable seems to be suggesting. military officials are well aware of it. they want to talk to bergdahl about it. you know, the problem here is that so far he hasn't told his side of the story. other people are saying what they believe to be true. clearly, he was not at his station. clearly, he was not there for some reason. so here are the possibilities. did he walk away of his own free will? did he become perhaps
9:09 am
distraught, not able to continue with his job? there have been some social media accounts, unverified that suggest that. was he at a makeshift latrine? did he get kidnapped out of the field and nobody knew it at the time? all of these things are sort of out there. i think it's the major reason that the military says, look, number one, we had an obligation to get an american soldier back home. that that is a sacred obligation. two, they say, there will be time for them to question him and determine the facts and then determine the next steps. >> i just want to remind people of your great reporting. you had a source, a senior u.s. defense official, that said any legal issues will be addressed now that he is home, effectively home, being at landstuhl. barbara starr, thank you. >> exactly right. >> thank you for that. let's be really clear. no one knows the circumstance for certain. it is clear that sergeant
9:10 am
bergdahl's release does raise a lot of the murky issues. is he a hero or did he walk away from his fellow troops? did he break the law? while we're at it, did the white house break the law in transferring those five gitmo prisoners before they told congress that was the plan? you're going to get the legal view on both of those issues coming up. [ female announcer ] who are we? we are the thinkers. the job jugglers. the up all-nighters. and the ones who turn ideas into action. we've made our passions our life's work. we strive for the moments where we can say, "i did it!" ♪ we are entrepreneurs who started it all... with a signature. legalzoom has helped start over 1 million businesses, turning dreamers into business owners.
9:11 am
and we're here to help start yours. take them on the way you always have. live healthy and take one a day men's 50+. a complete multivitamin with 7 antioxidants to support cell health. age? who cares. the was a truly amazing day. without angie's list, i don't know if we could have found all the services we needed for our riley. for over 18 years we've helped people take care of the things that matter most. join today at i got more advice than i knew what to do with. what i needed was information i could trust on how to take care of me and my baby. luckily, unitedhealthcare has a simple program that helps moms stay on track with their doctors and get the right care and guidance-before and after the baby is born. simple is good right now. (anncr vo) innovations that work for you.
9:12 am
that's health in numbers. unitedhealthcare. ♪ (train horn) vo: wherever our trains go, the economy comes to life.
9:13 am
norfolk southern. one line, infinite possibilities. the course of bowe bergdahl's reintegration into
9:14 am
life in america has been decided in part by the circumstances of his capture in afghanistan. as we've reported, many gis who served with him say he wandered away from his post. though that has not been proven and the pentagon says it does not know at this early stage but it wants to hear from him. joining me with special insights on the legal angles on this are cnn senior analyst jeffrey toobin and from houston, former military lawyer and now professor at south texas college of law, jeffrey corn. colonel, i'd like to begin with you, if i may. i just want to get your feelings about what you've been seeing and hearing thus far as the story continues to develop on the circumstances that bow bergdahl right now finds himself in. >> well, i think it's very clear in the reintegration program there's going to be efforts to find out what happens.
9:15 am
he potentially committed violations and arguably violations that led to the loss of life of members his of own unit in their efforts to recover him. so there's no doubt in my mind that there's going to be a very deliberate and careful effort to develop the facts, although that also raises complicating issues related to whether or not he is entitled to a miranda-type warning under the military code. which might lead him to say he doesn't want to talk about it at all. >> and if that is the issue and if he is not talking about it at all, i'm only guessing here, professor, that evidence is critical in something of this magnitude. it is pretty hard to gather evidence in enemy territory where effectively we couldn't even get to the site of the crime so to speak. >> there's no question that i think without some corroborat n
9:16 am
corroborations these accusations, would be difficult to have the kind of information a commander would want in front of him or her before they make a decision to launch a criminal investigation or prepare a charge for court-martial. because you're dealing with the fog of war. and exactly what happened is not going to be ascertained by interviewing taliban operatives. >> jeffrey toobin, if you could weigh in on this, just with regard to those who have taken so safe russly online to decry bowe bergdahl. these are members of his platoon. these are people who were close to bergdahl as well. people asked by the government to sign a nondisclosure agreement about what they know and yet they decided to flout that. how critical is their account, given the fact that not one of them, not one person, has said, i saw it happen? i saw him walk away? no one can say that. >> yeah, i think with all due respect to facebook, this has to be done in an orderly way by the
9:17 am
j.a.g. corps, by military investigators. all of us who have spent some time in the public eye, we know that people go on the internet and say all sorts of things. some of them are smart. some of them are dumb. that's not evidence. what's evidence is how the military studies this situation and figures out what happened. and, you know, if i can just add to what the colonel said, not only is it difficult to get witnesses, this is all five years ago. so it's difficult enough to get witnesses today about an event that happened yesterday. to try to determine what happened five years ago is immeasurably more difficult. >> colonel, i just want to ask you, and this is more political than it is procedural. but i know you understand both intimately given your background. and that is this, there were
9:18 am
lives lost looking for bowe bergdahl. there were live lost in the reallotment of resources towards finding bowe bergdahl. and yet we have an extraordinary measure that was undertaken by the white house and this administration to bring bow bergdahl back. at great political risk to this white house. do you foresee any circumstance that the white house doesn't already know the score? >> no, i don't think anybody knows the exact details of how this soldier came into the custody of the taliban. what they did know was he was in the custody of the enemy. as a solsoldier, his commandersd an obligation to do everything they could to recover him. this is what we do. we did it with jessica lynch in iraq when the special operations forces conducted the raid of the hospital where she was being
9:19 am
held as a prisoner of war. and jeffrey toobin is right. the process needs to run its course. now, when you recover an individual who's been held in enemy custody, there has to be an extensive debriefing process. and it is actually in the interest of that process that we don't suspect him of a crime at this point because the minute they really start to suspect him of having committed an offense, then he has a right to a warning under what's called article 31 of the uniformed code of military justice, which is a miranda warning. right now, there interest is to find out what happened and to gather as much intelligence as they can in relation to this incident. and i think until they have all that information, they won't even know the exact details of what happened. >> of course the issue of him just speaking, being able to speak. his parents alluded to the notion he may not be able to physically speak or remember how to speak, we're not sure which,
9:20 am
but there's something afoot there as well. both of you, i have more of this conversation. i'd love to dig in with you. jeffrey toobin and colonel, stick around, because there's this other legal discussion surrounding this entire story today. that is the big one from the white house. did the obama administration break the law when it decided to release those five guantanamo bay detainees in exchange for the child of those two people flanking the president, to get bowe bergdahl, was the law broken? that's next. sea captain: there's a narratorstorm cominhe storm narrator: that whipped through the turbine which poured... surplus energy into the plant which generously lowered its price and tipped off the house which used all that energy to stay warm through the storm. chipmunk: there's a bad storm comin! narrator: the internet of everything is changing how energy works.
9:21 am
is your network ready?" say "hi" rudy. [ barks ] [ chuckles ] i'd do anything to keep this guy happy and healthy. that's why i'm so excited about these new milk-bone brushing chews. whoa, i'm not the only one. it's a brilliant new way to take care of his teeth. clinically proven as effective as brushing. ok, here you go. have you ever seen a dog brush his own teeth? the twist and nub design cleans all the way down to the gum line, even reaching the back teeth. they taste like a treat, but they clean like a toothbrush. nothing says you care like a milk-bone brushing chew. [ barks ] nothing says you care like a milk-bone brushing chew. if you've had chickenpox,. what do you think the odds are of getting shingles? those odds are high enough. marge: you know, there's a more enjoyable way to get your fiber. try phillips fiber good gummies. they're delicious, and an excellent source of fiber to help support regularity. wife: mmmm
9:22 am
husband: these are good! marge: the tasty side of fiber. from phillips. teacher layoffs. and a 60 billion dollar budget deficit. that's what john perez faced when he became speaker of the california assembly. so he partnered with governor brown
9:23 am
to pass three balanced budgets, on time. for the first time in thirty years. today, the deficits are gone and we've invested an additional 2 billion dollars in education. now john perez is running for controller, to keep fighting for balanced budgets. democrat john perez for controller.
9:24 am
when something big happens, like the release of sergeant bowe bergdahl in exchange for five taliban members, congress usually knows about it. but some members said they did not know what was happening and there is a law that requires the obama administration to notify congress 30 days before detainees are released from guantanamo bay. but that didn't quite happen. national security adviser susan rice told cnn's "state of the union" with candy crowley congress was briefed in the past about the potential of something like this to happen. but when they sealed the deal, they didn't adhere to the 30-day requirement. because it could have meant the opportunity to get bergdahl would have been lost. >> so there was a conscience decision to break the law as you know it dealing with the detainees? >> candy, no, as i said earlier,
9:25 am
the dept of defense consulted with the department of justice and it is our view that it is necessary to do this in order to bring bergdahl back safely. >> so there are some serious nuances here and the best people to handle that, cnn's senior legal analyst jeffrey toobin is back with me and former j.a.g. attorney and professor jeffrey cornback as well. professor, let's be clear, congress was notified after the fact. certainly not before this transfer. but there is some language that the president released and the white house released and that is that these were exigent circumstances. does that change the dynamic of this argument? >> well, i think it does change the die dynamic. these are decisions that general washington made. anybody watching the new
9:26 am
television program "turn" would see this. and the constitution vests the president with the exclusive authority as commander in chief. a law that intrudes upon that authority, that detracts from his ability to perform his command function, is a law that candidly he shouldn't comply with. and so i think that what you see here is him emphasizing this was not the type of transfer contemplated by the notification provision of the national defense authorization act. this was a operational, military operational prisoner swap and fell within his constitutional authority and i think he was on solid constitutional grounds in doing it without providing any prior notice to congress. >> well, what's sort of fascinating about this, it is a bit wonky, so bear with me, folks, this current law was just signed prior to the new law and the president did not sign it without some frustration and
9:27 am
actually issued a sign-in statement, specific now in retrospect it seems specifically related to perhaps the bergdahl negotiations, which have been ongoing for so long. i'm just going to summarize. saying the executive branch must have the flexibility to act swiftly in conducting negotiations with foreign countries regarding the circumstances of detainee transfers. so jeffrey toobin, that's a very nice signing statement. it makes for very good reading. the president signed the law and the law is the law. where am i missing something? >> i think he broke the law. i don't think there's really any doubt about that. now, it may be that he was justified. it may be that the law is in fact unconstitutional. but the law says what it says. it's supposed to be a 30-day notice. he didn't give the 30-day notice. and he ordered the release of the prisoners. i think as with most situations like this, it is somewhat a
9:28 am
legal issue but it's mostly a political issue. there's not going to be any lawsuit about this. congress can't sue the president for violating this aspect of the law. congress will take action. they will hold hearings. they will express their outrage. that's not trivial. but did president obama break the law here? i think it's pretty clear that he did. >> there's certainly a lot more conversation that needs to be had, especially if and when we do get some information straight from bowe bergdahl himself. jeffrey toobin and jeffrey corn, excellent conversation, thank you to both of you. so there is one thing that we need to make real clear. regardless of what's happening in washington. regardless of former platoon mates and what they have to say. there are two parents who are beyond, beyond excited to eventually get the chance to see their son again. while the questions are all brewing in idaho, people are
9:29 am
just downright celebrating. because sergeant bergdahl's hometown is covered in yellow balloons and ribbons and flags. the excitement from people who know the freed soldier and his family, regardless of the circumstance, he's free at last. we're going to hear from them next.
9:30 am
cut! [bell rings] jane. her long day on set starts with shoulder pain... ...and a choice take 6 tylenol in a day which is 2 aleve for... ...all day relief. hmm. [bell ring]
9:31 am
"roll sound!" "action!" humans. even when we cross our "ts" and dot our "i's", we still run into problems. that's why liberty mutual insurance offers accident forgiveness with our auto policies. if you qualify, your rates won't go up due to your first accident. because making mistakes is only human, and so are we. we also offer new car replacement, so if you total your new car, we'll give you the money for a new one. call liberty mutual insurance at... and ask us all about our auto features, like guaranteed repairs, where if you get into an accident and use one of our certified repair shops, the repairs are guaranteed for life. so call... to talk with an insurance expert about everything that comes standard with our base auto policy. and if you switch, you could save up to $423. liberty mutual insurance -- responsibility.
9:32 am
what's your policy?
9:33 am
welcome back ton "legal view." behind all of the legal issues surrounding their son, that is one very proud mother and father and very relieved set of parents. they are overjoyed that their son is finally coming home. sergeant bowe bergdahl's dad says the battle is far from over. he says his son is going to need a tremendous amount of time to recover. by hearing from bob bergdahl yesterday, it is clear that bwet will be getting a lot of support once he finally returns. >> i'm so proud of your cultural abilities to adapt. your language skills. your desire. and your action to serve this country in a very difficult long war.
9:34 am
most of all, i'm proud. of how much you wanted to help the afghan people, what you are willing to do. >> bergdahl's father said he would not shave that beard until his son was home and that is clearly evidence when you look at that picture how long his son has been gone. in addition to his parents, once he makes the journey home, bowe bergdahl is going to be greeted with a hero's welcome in his small hometown. so what's the plan, what are people planning to do when they eventually get to see him again? >> coincidentally, ashleigh, they'd already planned a june 28th rally. that's going to be more of a celebration. of course bowe bergdahl won't be here, but this community, there's lots of smiles, lots of happy tears. the day has finally come that so
9:35 am
many here have been waiting for. bowe bergdahl is free from taliban captivity. on and off for two years, u.s. army sergeant bowe bergdahl worked here in his hometown of haley, idaho. tributes to the soldier are all around. >> there's drawings. there's a little bit of everything. here's a tree with the yellow ribbon. there's poems in here. it's just a really lovely -- as well as the boards are a really lovely now keepsake that will be for bowe. >> sue was bergdahl's boss here and she's always seen herself more as his friend. >> he has a tender personality. he's a strong person. very personable. he got along great with all the employees and all of the customers had nothing but good to say about bowe. they really enjoyed him while he was working here. >> this town says they're a community of heart. for the last four years and 11 months, the small town of nearly
9:36 am
8,000 has been a cornerstone of support for the bergdahls, ensuring that he'd never be forgotten. >> there's one tree for either year that bowe has been held captive. >> reporter: few have been committed to that cause as stephanie o'neil. >> we're anxious to get him home. we know it's going to be a long process but we're hoping that day comes sooner rather than later. >> reporter: yellow ribbons and balloons line the main street. symbols of solidarity for a hometown hero who has finally been set free. what are you going to say to bowe when you see him? what do you think that's going to be like for you? >> i've thought about that. i think it's going to be quite silent and very dear embrace. >> people here are aware the criticism. his release has not been without controversy. people here are aware that some call him a deserter or that he abandoned his post. people here in haley, though, they don't really care about that right now, ashleigh, they're focused that he's been released and they can't wait for
9:37 am
him to come back to haley. >> i'll one up you there, there's a senior administration official who's told cnn that no matter what, even if that is the case, he has spent five years in whatever kind of hell none of us can imagine. so all right, nick, thank you. nick valencia reporting live for us from haley, idaho. the highest court in the land has handed down a ruling on sort of -- how do we say this, petty issue. a toxic love triangle, literally toxic. we're talking about a woman who used poison to try to kill her pregnant best friend because her pregnant best friend was pregnant by her husband. why is the supreme court involved in this? the woman was charged with violating chemical weapons treaties as if she were a terrorist or an international head of state. so what do you suppose the high court had to say and why it is even more significant than the headline suggests. that's next.
9:38 am
i dbefore i dosearch any projects on my home. i love my contractor, and i am so thankful to angie's list for bringing us together. find out why more than two million members count on angie's list. angie's list -- reviews you can trust. how much money do you think you'll need when you retire? then we gave each person a ribbon to show how many years that amount might last. i was trying to, like, pull it a little further. [ woman ] got me to 70 years old. i'm going to have to rethink this thing. it's hard to imagine how much we'll need for a retirement that could last 30 years or more. so maybe we need to approach things differently, if we want to be ready for a longer retirement. ♪ ugh. heartburn. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm. amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief.
9:39 am
♪ ♪ ♪ woooooah. ♪ [ male announcer ] you're not just looking for a house. you're looking for a place for your life to happen. zillow.
9:40 am
9:41 am
there's some court cases that you can't make up. i assure you, this one is real. and ripped from the headlines. in 2005, this woman, carol ann bond, found out that her husband got her best friend pregnant. yuck. that best friend, well, she was the subject of a retaliation. by smearing toxic arsenic-based chemicals on her doorknob, her mailbox, her front door. luckily, i'm here to tell you that haynes survived all this and she just suffered some minor burns to her thumb in this attack. but here's where the case gets real interesting with a twist. federal prosecutors decided to
9:42 am
charge miss bond under a chemical weapons treaty, an international weapons treaty. miss bond appealed her case and it went all the way up to the supreme court. this morning, the high court ruled in and ruled in miss bond's favor. and here's a quote from the chief justice. the global need to prevent chemical warfare does not require the federal government to reach into the kitchen cup board. cnn's jeffrey toobin joins me now. i say this, i can't believe it actually got that high. this seems crazy to have charged and actually adjudicated a case against miss bond with the same sort of thing that bashar al assad is facing in syria. but it did. and it's important. why? >> it just shows an assistant u.s. attorney working in pennsylvania can set in motion something that will last almost ten years and lead to a supreme court decision which gives us
9:43 am
the great pleasure of using the words love triangle and bill of rights in the same sentence. you know who can resist that. >> who can resist, honestly. what i thought was fascinating was the larger issue that wasn't just the smackdown of this whole case. i think it was unanimous, the supreme court said brush this out of our courtroom. the larger issue is this. there is a tenth amendment that protects states rights and ultimately justice scalia really was focusing and zeroing down on this issue, suggesting how on earth can a big old international treaty suggest what our laws should be in, say, new mexico or in washington or in new york? it makes a lot of sense. >> well, that's right. that's what the real conflict was. the justices all agreed that the chemical weapons treaty did not apply to what miss bond did. but where they really disagreed was justice scalia say we should say no treaty can do this. under any circumstances because
9:44 am
it violates states rights. and this is one of the ancient tensions within american government. which is which obligations belong to the federal government and which obligations belong to the state and how in certain circumstances can international obligations play in here. and what you have is conservatives at the supreme court saying we don't want international bodies to tell our states what to do. that's really what justice scalia was saying here. >> yeah, you said it, but ultimately they didn't rule on it. that wasn't part of the issue. pretty fascinating stuff. it gets you and me talking about a love triangle and the supreme court all in would be segment. what could be better than that. jeff toobin, thank you, sir. got a famous golfer tied up in a potential scandal and it's phil mickelson. he is part of an fbi probe right now into allegations he may have been involved in some insider trading. so how serious are these
9:45 am
allegations and what is phil mickelson saying in his own defense. she's still the one for you. and cialis for daily use helps you be ready anytime the moment is right. cialis is also the only daily ed tablet approved to treat symptoms of bph, like needing to go frequently. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any allergic reactions like rash, hives, swelling of the lips, tongue or throat,
9:46 am
or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a free 30-tablet trial. ♪ honey, we need to talk. we do? i took the trash out. i know. and thank you so much for that. i think we should get a medicare supplement insurance plan. right now? [ male announcer ] whether you're new to medicare or not, you may know it only covers about 80%
9:47 am
of your part b medical expenses. it's up to you to pay the difference. so think about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, they help cover some of what medicare doesn't pay. i did a little research. with a medicare supplement plan, you'll be able to stay with your doctor. oh, you know, i love that guy. mm-hmm. [ male announcer ] these types of plans let you visit any doctor or hospital that accepts medicare patients. and there are no networks. is this a one-size-fits-all kind of thing? no. there are lots of plan options. it all depends on what we need and how much we want to spend. [ male announcer ] call now to request your free decision guide. it could help you find an aarp medicare supplement plan that's right for you. what happens when we travel? the plans go with us. anywhere in the country. i like that. you know what else? unitedhealthcare insurance company has years and years of experience. what do you say?
9:48 am
♪ i'm in. [ male announcer ] join the millions already enrolled in the only medicare supplement insurance plans endorsed by aarp. remember, all medicare supplement plans help cover some of what medicare doesn't pay and could really save you in out-of-pocket medical costs. you'll be able to choose your own doctor or hospital as long as they accept medicare patients. and with these plans, there could be low or no copays. you do your push-ups today? prepare to be amazed. [ male announcer ] don't wait. call today to request your free decision guide and find the aarp medicare supplement plan to go the distance with you. go long. world famous golfer phil mickelson has not been playing too well lately. and now a major distraction might just make it more difficult for him to focus on his golf game. that's because the fbi and the sec, securities and exchange
9:49 am
commission, are both investigating the masters champion and also two of his friends, including a well-known billionaire investor in new york, carl icahn. they're investigating them for something very serious, insider trading. mickelson is denying any wrongdoing and he says he's cooperating with the investigators. cnn's chief business correspondent christine romans knows a thing or two about all of this and she's reporting now on mickelson's questionable actions that date back to 2011. >> phil mickelson. >> world renowned golfer phil mickelson is being investigated by the fbi and the securities and exchange commission as part of a probe into insider trading fraud according to law enforcement sources. over the weekend, he denied any involvement after teeing off at a tournament in dublin, ohio. >> i have done absolutely nothing wrong. that's why i've been fully cooperating. with the fbi agents. >> the probe centers around stock trades made by billionaire
9:50 am
investor carl icahn three years ago. the fbi is examining whether mickelson, along with well-known sports gambler billy walters profited from information not available to the public. >> they're going to be looking at a pattern of trading in particular stocks and they're going to be look to connect the relationship between mickelson, between walters and between icahn. >> law enforcement sources tell cnn that back in 2011 icahn invested in shares clorox and then proposed a takeover of the company, causing a spike in clorox's share price. now authorities want to know if mickelson and walters were possibly tipped off by icahn, allowing hem to cash in on the share increase. >> with respect to icahn, you have to prove he deliberately leaked the information and it was privileged or very confidential information and that he knew it was at the time he leaked it. >> cnn could not reach
9:51 am
representatives for comment. icahn told "the wall street journal" the suggestion he was involved in improper trading was, quote, inflammatory and speculative, telling the paper, we are always very careful to be an serve all legal requirements no all of our activities. walters told "the wall street journal," i don't have any comment about anything. so far there are no allegations of wrongdoing and no charges have been filed. >> it's not going to change the way i've carried myself. honestly, i've done nothing wrong. i'm not going to walk around any other way. >> christine romans, cnn, new york. joining me to talk live about this investigation into phil mickelson's business transactions is cnn legal analysts paul callan and mel robbins. i saw you in that piece commenting. how tough is it to prove insider trading? >> it's difficult. the way it works, let's say you were out playing golf with one of your friends who happens to
9:52 am
be a ceo of a company and around the ninth hole she says to you, you know, we're going to be making an announcement about a new drug that the company is going to be introducing. and you go out and buy a lot of stock in the company. your ceo friend has leaked secret information to you and you've profited from it in a way members of the public cannot. in this case, the claim is that carl icahn possibly leaked information to billy walters who somehow conveyed it to mickelson and mickelson bought the stock and made a profit on it. but you got to prove the whole chain. >> that's a tricky little -- >> tough thing to prove. >> we have all sorts of communications these days that can be tracked. our e-mails, our directions. but if you're a good friend of someone and you call all the time, how is it that they know i'm not saying, mel, i love your hair, as opposed to, mel, you got to buy that stock? >> thank you for that compliment. >> not so much paul. >> thanks for rubbing that in.
9:53 am
you're constantly doing that. >> here's the bottom line. they also have to prove he was aware that he had this insider information, that the public didn't have. so they're going to look at the timing of the communications. the timing of the trade. and if they can establish kind of a link of communication, they might kind of try to scare them. but, see, here's the thing i think is really interested about this case, that is, what this re facing, right? because they just changed the sentencing guidelines on insider trading last year. you can face up to 25 years. now, the largest jail sentence that's ever been handed down in insider trading, not to mixed up with ponzi schemesic, is actually 12 years. and those are for guys that work for major firms that are making 275 million in profits. so it's really speculative what they could be facing at all, if and when, which seems unlikely, that anything happens. >> i got ten seconds left.
9:54 am
the issue is, i sure hope none of them is lying because typically, hello, martha stewart, we have seen the lying be worse than -- >> we have to emphasize, right now, it's speculative that there's going to be be a case brought at all and it's very damaging to the reputations of these men if no charges are brought. we're in the early stages of this. >> thank you both for the insig insight, do appreciate it. mel, paul, as always. you may like to swim and snorkel. if you really like to be under water, scuba diving is the way to do it. there is one man who takes all of that to a whole other leave. it's because he's the grandson of jacques cousteau. he's decided to live under the sea for 31 days and break his grandfather's record. hear what fabien cousteau is trying to accomplish and why that guy can't come up, even if he wants to.
9:55 am
humans. we are beautifully imperfect creatures living in an imperfect world. that's why liberty mutual insurance has your back, offering exclusive products like optional better car replacement, where if your car is totaled, we give you the money to buy one a model year newer. call... and ask an insurance expert about all our benefits today, like our 24/7 support and service, because at liberty mutual insurance, we believe our customers do their best out there in the world, so we do everything we can to be there for them when they need us. plus, you could save hundreds when you switch, up to $423. call... today. liberty mutual insurance -- responsibility. what's your policy? ... many okinawans stay so ractive as they age... (elder man speaks in japanese)
9:56 am
(elder man then laughs) (elder woman speaks in japanese) but okinawans know one reason... elder couple laughs) ...they eat well to be well... life has isoflavone, a key ingredient to the... ... okinawa diet. a secret of ... ( elder couple laugh) ... vitality from people ... ... who really know how to live. (female scientists yells) hey! (elder couple laugh) okinawa life!
9:57 am
that corporate trial by fire when every slacker gets his due. and yet, there's someone around the office who hasn't had a performance review in a while. someone whose poor performance is slowing down the entire organization. i'm looking at you phone company dsl. check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business built for business.
9:58 am
checking some top stories now. it's been seven years since she vanished and now british investigators are about to begin a brand-new search for madeleine mccann. sadly, it is for the little girl's body, not for the little girl herself. that 3-year-old at the time, british, disappeared from her family's holiday in portugal in 2007. investigators say they'll focus their search by digging in an area of wasteland close to where madeleine went missing. president obama is using his executive authority to take action against climate change. he is proposing new epa regulations that would cut carbon emissions from power plants by 30%. by the year 2030. the epa says the proposed changes would save thousands of lives and lower the average electricity bill by 8%. but republicans say this would be a job killer and it would
9:59 am
cost the economy billions. as we speak, history is being made beneath the sea. ocean explorer fabien cousteau, yes, it's a familiar napme, the grandson of the legendary jacques cousteau. a record setting mission to live and work inside of a small underwater science lab for 31 days. that's right. like sardines, he's going to be packed inside of a school bus-sized lab for about a month, along with five other people. but get this, he gets to spend hours and hours a day riding on something like underwater motorcycles, not so bad. fabien spoke with cnn from beneath the ocean this morning about the mission. >> it provides us an unprecedented view here on the final frontier in terms of exploration on our planet. we're able to go out there eight to ten hours or more a day to go diving, to gather scientific
10:00 am
data. in our case, for topics that really do pertain to us as a species. >> fabien says he's living in the most fantastic place in the world, with one issue, and that is the lack of red wine and the fact he can't surface because he's actually saturated. so that's that. he's down for the count. thanks, everyone, for watching. wolf starts now. right now, bowe bergdahl is recovering in germany. back in the united states, new questions are being raised about how bergdahl went missing. one member of his own platoon calls bergdahl a deserter, not a hero. right now, president obama takes his strongest action yet on climate change. republicans say it will kill jobs, lots of them. democratic candidates may be getting ready to pay the price come november. right now, more drama for the woman whose


info Stream Only

Uploaded by TV Archive on