tv CNN Tonight With Don Lemon CNN April 3, 2017 8:00pm-9:01pm PDT
fox superstar bill o'reilly at the center of a sexual harassment scandal. they agreed not to go forward with their accusations. plus the protester who is suing president trump. she says he insighted a riot during one of his campaign rallies leading to an assault by campaign supporters. a judge saying she may have a case to all of this. is fox news the bill cosby of corporate america? that's what lisa bloom said. she accuses o'reilly of sexual harassment and retaliation and they both join me now. thank you so much for coming on. >> thank you. >> so, wendy. let's be honest about this. we've known each other for years but the first i learned about
this encounter was in the new york times this weekend and i was flabbergasted. >> in a nutshell i was asked to be on his show as a regular guest and three weeks into it i got an exciting email saying mr. o'reilly is coming to los angeles and he'd love to have dinner with you and i said absolutely. often being brought on as a guest is anadition process and i wanted to be a paid contributor. he brought it up, says roger ail is a good friend of his and they plan on making me a contributor. the dinner went on to include small talk about life, love, etc. and at the end of the dinner, he simply said let's get out of here and he walked to the right towards the hotel rooms and i walked to the left towards the
bar and there was this awkward moment where we couldn't find each other and he said come to my suite and i said i can't do that. and he became hostile and spent some time weaning me off the show and getting his executive producer to cancel me. >> you continued speaking with him that night? >> yes. so we went in the bar and complained the soda water i ordered was too expensive and my purse was really ugly. >> so that's how he treated you for the rest of the evening. were you ever on the show after that evening? >> oh, yes, he made a point of keeping me on. and i did what every woman does. we try to save the gig. we try to stroke the dog, as it is and i should tell you that the fox released some of my cringe worthy suck up emails today because i thought if i can just be professional, polite,
talk through his assistant, then he'll understand i'm not a threat, i'm not going to sue him and he will give me the job he promised. >> we'll good etto the emails. when he said he wanted you to go back to his suite, what did he want? >> you know, i wish i knew his mind, what he really meant. maybe he just wanted privacy to talk to me about my career prospects but that's very inappropriate and maybe he's just clueless. in my case, this isn't the first time i've been to this rodeo and when he said do you think i'm going to attack you? i thought we're both raising teen age daughters, don't you think we should make good choices for them? anyway, we went to the bar and
he became angry and hostile. >> have a couple more questions for wendy. this incident was in early 2013. you mentioned the email. on september fourth, i wanted to send a thank you to mr. oroy'rey and the staff on all the help in promoting my book. specifically please convey to the boss that i am deeply grateful for his professional kindness. his media power is immeasurab immeasurable -- >> can we get that segment up and rolling again. >> why were you praising him after he treated you in the manner that you described? >> bauz that's a classic suck up email. this is what plenty of women do in a situation like this. i didn't even realize that as an
applicant for a job, you can be a victim of sexual harassment. i thought i was in this no man's land of let him think everything is going to be okay and i can get the job i want. first of all, i did not come forward. this has been a story i've told quite openly to many friends for years but a new york times reporter contacted me and i believe it was october. she said she was doing an investigation. there's no way i'm going public. i don't need this and after she brought me all the evidence and showed me how many women were silenced, under gag orders and can't talk and the fact she suspected there are other women at fox afraid to come forward and as my attorney, lisa bloom, said to me you're a grown 50-year-old woman with a big mouth and you can't be brave
enough. so, these girls set me up. >> so i heard you say this on cnn yesterday i think on sunday. you called fox news quote the bill cosby of corporate america. what did you mean by that? >> well, there are dozens and dozens of women who have accused bill cosby of sexual assault and dozens of people accusing people at fox news of sexual harassment. i called for an independent investigation because this is not acceptsable that over and over again fox news thinks paying millions is the cost of doing business. the women are driven out or they don't do get the job in the first place and the men engaging in this illegal behavior get to
continue. it's against the law. we have the righting to complain and we have the right to respect and our jobs really everywhere in america except fox news. i ask the human rights in new york to do an independent investigation. they have the legal authority to do that. step in and protect the women that are working there. >> i'm going to give bill o'reilly's statement. i want to ask you about the letter that wendy wrote. i have a copy of wendy's email and giving her an opportunity. literally every case there is emails like this. >> what do you say to that? >> i've been doing sexual harassment cases for many years.
they were sexually harassted on day. wendy was trying to get a job. wendy is a professional. wendy has had other men make inappropriate comments to her like i have and we shrug it off and think we're going to behave well and they'll probably come around too. she was entitled to have a job that she was qualified to have. and let's get real about sexual harassment. >> he's saying in part just like other prominent and controversial people, i'm vulnerable to contralawsuits from individuals who want me to pay them to avoid negative press at fox news channel. no one has ever filed a complaint about me with the human resources darmntd. even on the anonymous line.
i have put to rest any controversies to spare my children the worst part of my job is being a target for those who would harm me and my empl employer, the fox news channel. >> i hope you're able to hold it together so your children are not affected. but i want to be clear. i'm not after money. i am not suing you. i just want nontoxic work environment for my daughters and their generation. we need to change the system. the workplace is not a mating market place and if you're looking for a date, do like everyone else and go on tinder. >> you know, don, it is not true that all powerful men have sexual harassment complaints against them.
i'm not aware of any against you or other men who are prominent on television. it's bill o'reilly and not one, or two or three but six sexual harassment complaints. it's because of his behavior. >> my question to you is and tell me if i'm wrong, lisa, isn't it the same thing that cosby's defenders attorney says because he was a welty, powerful man that these women were after his money? >> it's what every wealthy person says. anytime they do, they're always saying it's because i have money, even when somebody like wendy is saying i'm not asking for a dime. that undercuts the whole rich guy argument. he should use that to get sexual harassment training. it's not too late. >> i have to go but how are you?
>> i'm good. tomorrow i'm going to go back to life as usual, taking my kid to cheer practice. and i hope other women can use this as a model for what they can do too. >> wendy, thank you, lisa, thank you as well. i want to bring in a senior reporter from media and politics. do they have anything to say about wendy walsh? >> nothing specifically about the press conference that she gave today. i want to be clear this is 21st century fox, not fox news. what they have done is issued a blanket statement saying they take issues like these seriously and they're continuing to stand behind bill o'reilly. both o'reilly and 21st century fox in their statements made reference to this hotline that employees can call. what you're likely seeing is the
set up of a legal defense that accusers had some outlet through the company structure but look, there's a reason that a lot of these women didn't want to pick up an anonymous hotline and it may have something to do with the fact that the former chief executive, roger ails had a litany of sexual harassment allegations against him and there was a fear that ales, might have even been monitoring their phone calls. so it's not exactly the sort of inenvironment they were comfortable with. >> well, they're facing a lot. in addition to all the alligations that ails has faced in the past, i think this is most significant.
we have the federal investigation about how 21st century fox handled the complaints that the accusers made and whether or not it led its investigators by the money shelled out. and that was an investigation headed up which is no longer going on. but there is a hope among many of the staffers at fox news who still feel uncomfortable in the environment that they're in that this investigation might shed new light involving the details on the sexual harassment claim and cause fox to take this issue more seriously. >> it has reassigned its advertisements following the new york times report. well, you can never be sure. i would say it's hard to see that not happening. although i would caution here.
mercedes benz pulled its advertising from the o'reilly factor because it said it was uncomfortable but not from fox. so how much money is fox losing there? you have reporters from the new york times calling up other advertisers saying do you have a plan? there's effectively public pressure and if people start paying attention to who's deciding to stay with the o'reilly factor and who's not, we've seen in the past that can be the tipping point at which all the sudden is drip, drip, drip, becomes a torrent and an exodus among sprupers havers. >> our legal experts. wll i've found a permanent escape from monotony.
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. multiple women accuse fox news host, bill o'reilly of sexual harassment. also with me, mark as well. good evening to all of you. i just spoke to wendy and her attorney and our media correspondent here on cnn. new york times points to five other women. who have received settlements from o'reilly for fox totaling $13 million. would he still have a job with any other company? >> absolutely not.
this is really appalling. you have someone that has caused this company or himself inclurded to pay out $13 million to settlements and that doesn't mean you're liable. i've been doing sexual harassment cases for many years and if someone is not respontaneousable for the conduct, they're willing to go to trial and have an ajudeication of issues. you're not going to see settlements in the high numbers such as the ones in the bill o'reilly case. one was $4 million. so you can't imagine that someone would pay out $4 million or company would unless there was something really harmful, damaging efrds that would come out in this lawsuit. the reality is bill o'reilly makes fox a lot of money and there's a reason to keep him employed. >> it's chump change for fox to
pay out. it doesn't prove he's guilty. there are enough charges against him. when i was falsely accused a couple of years ago i immediately had an independent investigation. i got louie free, the former head of the fbi. i turned over all my records. i said let the chips fall where they may. ultimately of course the lawyers with drew, the judge struck. some people still blooev a false acuzashz. >> you had your say on this show. you fought it and you came out the victor. you were right and it was false. i want you to respond. because representatives responded to the new york times saying in quotes. while he denies the merits of those claims, mr. o'reilly has resolved those he regarded as his personal responsibility."
how can he believe this is his personal responsibility if there are no merits to the kies? >> there are gray areas. these are serious charges and i think it's in fox's interest toven an independent investigation and let the chips fall where they may. i think every woman should be taken seriously and she is entitled to investigation. she is not entitled to a presumption of guilt against her person she accuses. >> the accused i should say. >> you know, it's a tough situation. i've defended those that have been accused. part of the problem is you probably got a statute of limitations that has run already and in addition while the behavior is borish, it probably
is not actionable to the point you're going to have a lot of damages in this case. wendy is a strong personality and as she said this is just one day. that's yuls usually the ear marks of smk that can brush it off. >> i think that's what is so important -- >> i think sexual harassment didn't occur that hotel room, she's a strong person. the sexual harassment occurred if in fact she lost economic opportunities as a result of saying no, that is the brauvman of the sexual harassment. >> i think what's important is she has not filed a lawsuit and emphatic she is not going to file a lawsuit. she's not seeking monetary damages. an agencies like allen said. look at the pattern and pralks of behavior and make a
determination whether she's credible or not. we don't have any efrds there's been an investigation. >> we don't have any evidence of that but i could prob aenl spot you 5/1 that they have done an internal investigations or they have one being done. but nonetheless, the problem is that in real time she didn't make a complaint to the h.r. hotline or anything else in the statute of limitations has probably run. >> oh, mark, come on. i would agree with you on the statute but that hotline is subterfuge. so many women never contact the hotline. there's $14 million paid out in settlements. >> seriously, let's just say i was treated unfairly at work, the last person i'm going to contact is my employer. i'm going to talk to someone i
hired, not right to my company. >> bill o'reilly did one very smart thing. he hired mark fab yawny a liberal democrat lawyer. a very, very good defense. >> so if this didn't happen as news in a vacuum. and it's bill o'reilly, it's raunler ales and others i think. does this not point to a culture possibly at this news channel. >> mind you the prior incidents in the allegation oz of the priors f you believe what's been
printed, yes, obviously. if you're going to make the point if there's a current allegation, within the statute of lim tags, look, this is a culture apetri dish for harassment. not with this particular complaint. >> we have to remember one thing. there are unskrupilous lawyers throughout who will get other women to join and jump on the band wagon. we have to be careful about the copy cat aspect of it too. every woman's complaint should be taken seriously and investigated. there are unskrupials lawyers who will try to find a second and third accuser. >> i agree there are copy cat lawyers and lots of women fearful and these kinds of lawsuits embolden them and give them the curbage they need to report that -- >> they're already investigating
whether fox failed to inform share holders about settlements related to -- how does this effect that? >> there's no dwhegz justice department investigation will have a big impact on fox's decision. they have to be very, very careful now because they, as an institution have been accused of creating this kind of culture and they are going to be pseudoindependently of the individuals and they have to be very careful. >> you're going to be back in just a little while. this woman pushed and threatened at a campaign rally. (burke) at farmers, we've seen almost everything,
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you know, in the old days, which isn't so long ago when we were less politically correct, that kind of stuff wouldn't happen. today we have to be so nice, so nice. we always have to be so nice. >> so joining me to now is the protester in that video. and her attorney, daniel j. canon. good evening. thank you so much for coming on. >> hello. thanks for having us. >> so, we just saw the video showing you being pushed around and shoved in louisville this past march. you say you attended the rally with the intent on protesting peacefully and the president can be heard yelling "get them out."
>> i went there to protest peacefully and i definitely did remain peaceful the entire time i was in the rally. i pretty much worked my way through the crowd and got to a position toward the front of the stage. i held up a sign that i had made that day and as soon as i held up the sign, trump said get her out. and then the mob essentially turned on me and attacked me. they shoved me, they punched me, they cursed at me and yelled racist and sexist slurs at me the entire way until i was ejected. >> what were they saying to you? >> calling me names, racist slurs. sexist slurs. telling me that -- calling me scum. >> so what was going through your mind as all these men surrounded you while the president is shouting get out?
>> i was completely taken back and not expecting that reaction at all. i was just really shocked, honestly. >> so lawyers for president trump claim the president didn't intend for them to use force and trump's statement "get them out of here" is protected by the first amendment. is this his free speech defense? >> yeah, no. obviously we think it's the right decision and if you look at the history of free speech jurisprudence, there is no case decided by the supreme court or any other court that would allow for a political candidate to turn an angry mob against peaceful protesters and say that's protected by the first
amendment. that's never been contemplated by any of our free speech jurisprudence and there's a reason those cases don't make it to the supreme court. it's because they rarely happen. as i look at the history of political campaigns, to have somebody in the position where they're asking people to vote them in as the leader of the free world and to have their supporters essentially turn on a descenting voice, simply in retaliation for peacefully protesting is unprecedented. we think the court's decision reflects the idea that first amendment doesn't tolerate that kind of behavior and we as a society aren't going to tolerate that. >> you said you went there to peacefully protest. what do you say to those who say you were looking for trouble because you did go to a rally to protest a candidate and you were holding a sign depicting the president's head on a pig's
body. >> sure. just like his supporters had a right to be there to show their support, i had every right to be there to show that i'm opposed to the trump administration or that time the trump campaign and everything they stood for. >> so, according to the court documents the judge writes "it is plausible that trump's direction of get 'em out of here advocated a use of force. it was an order, an instruction, a command." what's the outcome you want here? >> well, i think more than anything else, we want to send a message in this case. the plaintiffs want to send a message that for somebody who claims to be a political leader, somebody who would be a political leader too, to show that kind of tolerance for peaceful descent is not going to
be tolerated. and to ask a mob to turn against somebody simply for making their voice heard in the context of a campaign rally, something that's this important, something that would determine the president of the united states of america essentially to turn a crowd against a descenting voice undermines the core principals of our democracy. >> if the president is listening, what do you say to him? >> i mean i don't really have much to say to him, to be honest. mostly that as much as he wants to get across his -- or implement certain legislation, there are going to be who will be there to resist him every step of the way. >> and what do you say to the supporters in the crowd?
>> i would say that they should think for themselves -- >> i meant the crowd that you were in. >> yeah. not participate in mob mentality and think critically and don't believe everything you read, pretty much. >> thank you. daniel, thank you. >> thank you. >> when we come right back, i'm going to get my legal experts to wieg in on this case. ♪ ♪
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federal judge has ruled a lawsuit against trump can proceed. it's possible that then candidate trump insighted a riot. what do you think after hearing her story? >> the judge's decision is very dangerous to civil liberties. she had a right of free speech. he had a right of free speech. every libertarian should be appalled. if the aclu doesn't get on behalf of this case it's only
because it's donald trump that's the defend. >> what about the people pushing her around? >> they should go to jail. there was a similar situation, jefferson said go don't after the preacher, go after the people committing the violence. that's the american way. >> i think you said president trump was inciting racism and misogy misogyny. >> we saw it in lots of trump rallies during the campaign. trump knew he could rile up his base, he could get these crowds, work them to a frenzy when he used certain language. some was code and some was more blatant racist, misogynist rhetoric and the judge says, look, you had had an obligation to create a safe environment. you owed her a duty of care as you did everyone at this particular rally and potentially
you failed. the judge hasn't ruled on the merits of the case. he just said enough allegations have been made at this point to move forward. trump does have a right to freedom of speech, he doesn't have a right to invite violence with his speech. he can't yell fire in the middle of the crowded theater and you can in this case yell something when you know the room is crowded with white nationalists and you have an african american peaceful protester, which is what the allegations of the complaint are. this is an interesting case. we're all going to be wautching it and maybe we get to the bottom of what he meant by that statement. >> violence was a repeated theme during president trump's campaign. some of the examples of the president making statements that condole violence. >> so if you see somebody getting ready to throw a tomato, knock the crap out of them, would you?
seriously. just ghauk hell -- i promise you i will pay for the legal fees i promise. >> you know what they used to do to guys like that in a place like this, they'd be carried out in a stretcher, folks. >> get out. you know, in the old days, which isn't so long ago, when we were less politically correct -- today we have to be so nice, so nice. >> get 'em out. hey, are trump rallies the most fun, right? >> this is part of why the judge allowed this lawsuit to proceed. this is like the travel ban almost. all the comments that he made that he said in the past and
decided that it was valid to go on with this case. what do you think? >> i think the judge's decision was right. at this stage, based on the level of scrutiny that he has to give it, this case goes on. that doesn't mean it's ever going to necessarily get to a jury. but there's going to be discovery and this judge referred it to the magistrate and after they do the discovery, they'll come back and make another motion and say it was covered by speech and part of the package you just showed, i don't think all of the sound bites are going on contemp rainiously with this particular incident. >> discovery is exactly what's wrong with this case because it chills the exercise of free speech. if we had a case where somebody said knock the crap out of him, and somebody knocked the crap out of him, that would be a
classic insigcitement case but t he said was so ambiguous it's completely protected by free speech and this is the time for the judge to throw it out. >> i understand you say politicians are allowed to stimulate the crowd. when you watch these videos you see president trump, the candidate yelling "knock 'em out" or he will pay for the legal fees. >> i wauchbt nt to throw a chal out. if this were not donald trump, the aclu would be in there. but because it's donald trump, the american civil liberties union will not get involved. >> you say president trump is negligent because it's his duty to provide adequate security and
control the crowd when violence is foreseeable. >> absolutely. and that's what was pled in this lawsuit and the judge said look, at this point there are enough claims, plausible claims for this lawsuit to move forward. now after the discovery is completed, if it the plaintiff cannot connect the statements to the actions of the third parties, then the lawsuit may be thrown out but when i look at that video and what trump did repeatedly throughout the election, which is to rile up his base and to encourage them to engage -- >> you kaenlt look -- >> i want to get mark because i have very little time. what about the other people in the crowd? are they in more legal trouble than the president? >> there's no reason they shouldn't be criminally charged. it's on tape. they have a defense that's finite. they claim she hit them first or something else. but that's a criminal case. >> the judge said they were not
his agents. that's what doom's the case. if they were not his agents and the judge made that as a finding, then he cannot be held responsible for making vague protected first amendment statements. >> all the judge did was throw out the vicarious liability charge. he allowed the inciting riots, causes of action to move forward. >> got to go. thank you all. when we come back, why some say a decrease in crime reports may actually be dangerous. they kee. draw the line. one spray of roundup® max control 365 kills weeds to the root and keeps 'em away for up to one year. roundup® max control 365.
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the trump administration's crackdown of undocumented immigrants appears to have an unintended side effect that is worrying officials. sara sidner reports. >> reporter: it's unheart of for a police chief to tell the public, a decrease in crime reports may be a dangerous trend. but that's exactly what's happening in one of america's biggest cities. >> in los angeles, domestic violence reports are down 10%, in the hispanic community. 10%. imagine someone being the victim of domestic violence and not calling the police because
they're afraid that their family will be torn asunder because of immigration enforcement. >> reporter: what's more alarming, reports of rape dropped 25% in the latino community compared to the same time last year. crime isn't dropping but victims are too scared to report it. noting the drop came after donald trump with his tough stance on immigration took office. >> there's no direct nexus to it. but there's a correlatiocorrela. >> reporter: in denver, there is a direct link. heightened fears of deportation has scared away four domestic violence victims. >> all four for latina. and all four let our office know they weren't willing to proceed with the case. >> reporter: the women were not afraid to face the alleged attacker, but this. >> are you with enforcement agents? >> i.c.e. agents, outside of
courtrooms to detain immigrants. the fears are not unfounded. are you coming here to make an arre arrest? >> yes. >> reporter: local law enforcement worried about i.c.e. presence on witnesses and victims. >> if crime is unpunished and there's no consequences, crime can rise. >> reporter: according to i.c.e. policy, courts are fair game. but i.c.e. officials say deta detaining people at courthouses is a last resort, aimed at violent criminals. still, the actions are having a chilling effect on victims, too. where are you afraid to go? >> translator: the courts. it frightens me to think that just by going there, immigration will get me. >> reporter: this undocumented mother of two american-born daughters say she used to live of n terror of her spouse. now, she's more terrified when she leaves her home.
>> reporte >> translator: every day i think about this. my daughter said, i'm afraid when you pick me up, immigration will be there. >> reporter: there's a couple of important things to note here. one is that physically speaking, there's a small bit of data. it's hard to tell if there's a charger trend here. secondly, i.c.e. agents did end up making arrests during the obama administration. but they largely stopped the practice after 2013 when there was a huge backlash after i.c.e. agents arrested some women who had gone to court to get restraining orders. now, i.c.e. is back in courts. and the clash between local law enforcements and victims'ed a v voe cats is, too. >> thank you, sara. don't miss "unseen enemy," the story of how a deadly disease could turn into the next global pandemic. that's friday night at 9:00 eastern. that's it for us. thanks for watching. i'll see you right back here tomorrow.
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good evening, we begin tonight with new tweets and a new chapter in the president's ongoing effort to divert attention from the russia story and the ongoing investigations by the fbi and congress. and just moments ago push back from a close associate of the obama administration, just like the president's early morning tweets more than a month ago that accused president obama of wiretapping his phones, the latest allegations are big on