tv CNN Newsroom With Brooke Baldwin CNN June 27, 2018 12:00pm-1:00pm PDT
that list who is jew additionally very similar to neil gorsuch and it will add an element to the fall elections that is going to now dominate, dominate with vast swathes of the electorate. >> let's talk about that. we were just hearing from the white house, they are hoping to have this next supreme court justice go through and be in place by the midterms. but, you know, do you think either way, the notion of not having that person maybe in place would be the catalyst to get more and more folks to turn out in november? how do you see that playing in terms of turnout for the midterms? >> it would increase turnout, but it will do it on both sides either way. so i don't know that there is any competitive advantage. but let's start by looking back one appointment. so theappointment.
you'll recall when he was nominated, the filibuster was available for supreme court justices. and neil gorsuch was so unarguably well qualified that when the democrats took an approach that might have been reasonable for -- what was the example jeffrey used? pirro. but it wasn't reasonable for neil gorsuch. and it was one of the biggest strategic political errors in our lifetime was the democrats knowing full well that to priest the please their base as they during that spat, that they were going to lose the filibuster and now the swing vote of the court is not filibusterable. and this -- i do believe this appointment will go through before the election. and if you are joe manchin, or john tester or heidi heitkamp or
john donnelly, this is a hard vote. do you vote to please your trump voters or do you vote to please your base. and that is a really tough line for them to walk. it is not a tough line on the republican side. >> that is a very good point. i think sometimes we talk about supreme court too much in abstractions, about dignity and who is qualified and who is not. let's talk facts. let's talk about what america is going to be like that is different. you are going to see 20 states pass laws banning abortion outright. just banning abortion. because they know that there are now going to be five votes on the supreme court to overtu tut
roe v. wade. and abortion will be illegal in a significant part of the united states in 18 months. there is just no doubt about that. and that is why these seats matter so much because -- one of my favorite lines about the supreme court was by justice roberts jackson who served in the 1940s aunnd '50s. he said we are not final because we are infallible, we are infallible what you we are final. somebody has the last word and here it is the supreme court and roe v. wade is doomed. it is gone because donald trump won the election. and because he's going to have the chance to appoint two supreme court justices. >> wow. just still sitting with the gravity of what you just said. how quickly do you think that those changes will come on the state level? >> first of all, i don't recall with jeffrey that there will be -- not 20 states. there will be some states, but they will be in a very distinct
minority. you will see this now as an open political debate. people have run to governor. i've run for governor in my state. and while i didn't do this, lots of people have. when this question has come up, they say that is a federal issue. well, all overturning roe v. wade does, it returns to the states. so then it suddenly becomes a state issue in 50 states. and it is a part of every state election. and it becomes actually more important in those state races than it is today and that is if it happens. i don't see the 18 month time schedule of jeffrey toobin happening, but it is possible sometime in the foreseeable future. >> okay. gloria, let me bring you back into the conversation. on the democratic front, what are you hearing from your democratic sources? >> well, democrats are calling mitch mel a hypocricconnell a h.
they are saying if thought it was too close to an election in 2016 to make a decision about a supreme court justice, then we're four months away from an election now and it is too close. i mean, as ken was saying, they are well aware that they have got democrats in the senate running in red states who will have very tough votes on a supreme court justice. so what the democrats are saying now is mitch mcconnell, the standard that you set for merrick garland ought to be the standard that you have thousano because we're closer to an election and they with say -- i know what ulg syou will say, th is not a presidential election, but this is the -- >> no. >> but this is the argument they are making. and they are trying to hold mcconnell up here. and i think that there is a school of thought that like let's just get it over with and move on. but there are lots of democrats who are saying not so fast.
do they have any leverage? i don't think so. >> that is the question. >> they gave it away. >> they gave it away. >> they didn't give it away. i think that is a fake you news issue, democrats gave it away. that the democrats had the filibuster and they threw it away on neil gorsuch. the republicans were going to get rid of the filibuster whenever the democrats invoked it, whether this nomination or the next one. so the idea that the democrats in the senate sort of made this terrible mistake by forcing the republicans to get rid of the filibuster, i think that is a phony argument. because the republicans were going to get rid of it to confirm anyone. i don't think it matters a bit. >> that is just not correct. i mean you've got some stodgy republicans there who really don't want to change many things including the majority leader mitch mcconnell. and as i said earlier, if they
were filibustering a clearly unreasonable nominee, then they would have been in a better position. but they did it on scalia's seat when the ideological swing of the court was not at risk. and by doing that for such a very reasonable and qualified appointment as neil gorsuch, they made a major strategic mistake. let's say they hadn't done it then. and jeffrey is correct. and the republicans just pitch it now. well, now you are making them pitch it in the face of an election. now do you think there is a turnout difference between the two sides? you bet there is. >> hang on. on that note, i want to ask all of you to please stand by. let's go to capitol hill and manu raju. as we're talking about ds and rs, you're getting reaction from
members of congress on this big piece of news today that justice kennedy is retiring. what are they telling you? >> reporter: democrats in particular are shaken. senator blumenthal said there is an earth shattering event that will reshape consequences of the supreme court for the rest of our lifelifetimes. and some top democrats are saying that the nomination should be held over until after the midterm elections based on the similar standard that senator mcconnell espoused during the 2016 presidential race by holding open the vacant supreme court seat. dick durbin the number two democrat issuing a statement saying that mcconnell set a new standard by giving the american people their say in an upcoming election before court vacancies are filled, so they should wait until january to consider a nomination. but already republicans are rejecting that notion. they are saying it is much
tiftd, thtift different, this a midterm election, not a presidential election. that is not a similar standard. and mitch mcconnell made it clear that they will vote this fall band th fall. and they can do it on their own after mcconnell changed filibuster rules allowing gorsuch to be confirmed by a party line vote. and that is the same standard here as well. 51 senators, so if they all stick together, they can ultimately confirm whoever president trump nominates to the bench. so that is the big question going forward. whether or not any of the red state democrats in some difficult racing trying to appeal to moderate voters, whether they vote with the republicans on this because they too will be feeling a lot of pressure from their base, and they will wait to fight hard to deny a replacement, particularly
a very conservative replacement that will really up the democratic base as well. so this is really reshaping this senate here for the rest of the year on ultimately what will dominate action going forward and the landscape of the midterm elections. >> sounds like you are hearing a lot of what glornlg i cania was as well. thank you. and just looking ahead in this process and who could take that next seat on the nation's highest court, let's go to our supreme court reporter. and we heard the president, he was sitting there at the white house saying we remember the list that was put out during the campaign. who could be on the short list here? >> this president did something that no other president has done. during the campaign, he put out a list. and that is when the vetting began, right? so the list we know and it is younger people. and more conservative. because that is key here. not only will the president be able to replace kennedy with somebody more conservative, but it will be somebody younger. and on the top of the list are
two kennedy clerks. first is cavanaugh, a judge here in washington. he is 53 years old and he spent will some time on the starr investigation. he has come to oral arguments a couple time this is term. he is very active. another one is ray ketlidge, he is only 51 and he had an opinion on a big digital privacy case, that was reversed by the supreme court. that was his opinion. and another one is thomas har y hardimon. president trump liked his life story. he spent time driving a cab to get his way through school. so he is a big contender. and finally a woman named amy koenig barrett. she is somebody trump just nominated. and during her confirmation
hearing things got heated with dianne feinstein and some of the judge's supporters said feinstein was going after her on her religious as sort of a litmus test. so that right now is the working list. but last week it seemed like cavanaugh was at the top of the list for now. and he is a former kennedy clerk. >> thank you. let me put those names back over to jeff toobin. what did you make of those three judges? sound about right to you? >> that does sound about right. i think on the screen i couldn't tell if she mentioned a new 2ru6r trump nominee to i believe the 6th circuit court of appeals. who was a procetege of mitch
mcconnell also in his late 40s. amy barrett i think is a very likely possibility particularly if the president has the chance to fill ruth bader ginsberg's sloth. she has been very active in issues relating to catholicism, legal issues relating to catholici catholicism. you know, all these justices, all these potential justices are all very conservative. more conservative than kennedy. the way donald trump used that list during the campaign was to show the conservative movement, hey, i'm one of you. i may be from new york city, but i will appoint judges who reflect the values of the evangelical conservative movement. and the president has kept his word on that. these are across the board conservatives. now, the question is whether the
rest of the country wants to live in a world that judges like that supervise. that is a separate question. but in terms of is the president being candid in telling us what kind of judges he is going to appoint, i think the answer is clearly yes. >> and during the campaign, donald trump had to prove himself because of course at one point in his career he was pro-choice and then he became pro-life. and he had to prove to conservatives that he was conservative. he had to prove to evangelicals that he would represent them on the issue of abortion. and he did that. and i think there is no doubt that he will do it again. i should also add with one of those choices is a united states senator, mike lee, who today told our colleagues on the hill that if he was chosen, he would not say no. aside from the double negative, that means that he would say yes. so he also put himself out
there. and there is no doubt in my mind the way donald trump has governed is to play to the base. and so there is no doubt in my mind that he will continue to do that when he picks the next supreme court justice because he doesn't want to have to wait and see what does someone like a justice kennedy do. he wants to know when something goes to the court like the travel ban he will win because he likes to win. >> the one point i just want to emphasize here, we shouldn't talk about the supreme court exclusively in these abstract n abstractions about, you know, dignity and all that. what this appointment means is that if you are a woman in the state of texas, you are going to have to go elsewhere to get an abortion soon. if -- i said 20 states. maybe it is only 10 125i9 s
maybe it is only 10 125i9tates. but there will be large parts of united states where abortion is illegal in the relatively near future because of this appointment and because mitch mcconnell stole the appointment of merrick garland and replaced it with neil gorsuch. but those are the stakes here. this is not an abstract thing about who is a strict constructionist. the issue, is abortion going to be legal or illegal in major parts of the united states. >> hang on, let me read this tweet from richard blumenthal. he tweets this means historic challenges ahead. the president must appointen a open minded and fair jurist. and jeffrey, i was asking you do you think there will be somebody of kennedy's ilk.
and ken says no. and that's what jeff said. go ahead, ken. >> as we were talking about earlier, the president has exercised a formula in the judicial appointments that comes right out of his campaign. and i must say that just stepping back from the supreme court and the presidency and looking at our whole system, i find that an extremely accountable way to run for office. he told us what he was going to do in this area. and i don't think -- well, i certainly wouldn't characterize the likely -- the way this would play out the way jeffrey did. nonetheless, this was part of the presidential election. and it will be part of this fall's election. and whatever rhetorical pretzel mitch mcconnell will turn mts n himself into, this vote will happen before election day, one, because the president wants it,
but more importantly, to do otherwise steps in the way just as mcconnell did back with garland, but not in a way that helps him politically this time. it will be very difficult for those ten senators, democrat senator, defending from states trump won on this issue before election day. it is going to happen before election day. >> is it feasible it wrapped up? >> yes. mitch mcconnell is going to keep the senate in session 24 hours a day if that is what it takes. and it is about time. >> if i can be heard on a point, i'd appreciate it. because i'd like to make shure that people understand one aspect of this. simply because justice kennedy is stepping down and is resigning essentially from his life tenure does not automatically mean that roe v. wade will be immediately overturned. remember, we mocked president trump when he was another campaign trail because he had a fundamental misunderstanding of
what it takes to overturn precedent when the role of the court is to in many ways promote what is called starry decisis, meaning that they will follow what has been done before. there will still have to be a concerted effort across different states to bring different legislative acts that restrict the right of a woman to choose. roe v. wade is about the right to privacy. and those fundamental principals may stillintact. and the challenge will be not just in trying to figure out what president trump has promised his base, but the role of an autonomous court which we all would like to have that don't necessarily broadcast what they are going to do. and frankly justice kennedy has been -- he has been a departure as a swing vote.
>> language ohang on. here is chuck schumer. >> this is the most important supreme court vacancy for this country in at least a generation. nothing less than the faet of our health care system, reproductive rights for women, and countless other protections for middle class americans are at stake. will republicans and president trump nominate and vote for someone who will preserve protections for people with pre-existing conditions? or will they support a justice who will put health insurance companies over patients or put the federal government between a woman and her doctor? the senate should reject on a bipartisan basis any justice who would overturn roe v. wade or under-meineke heal meinekinmind.
our republican colleagues in the senate should follow the rule they set in 2016. not to consider a supreme court justice in an election year. senator mcconnell would tell anyone who listened that the senate had the right to advise and consent. and that was every bit as important as the president's right to nominate. millions of people are just months away from determining the senators who should vote to confirm or reject the president's nominee and their voices deserve to be heard now as leader mcconnell thought they should deserve to be heard then. anything but that would be the absolute height of hypocrisy. people from all across america should realize that their rights
and opportunities are threatened. americans should make their voices heard loudly, clearly, and consistently. americans should make it clear that they will not tolerate a nominee chosen from president trump's pre-ordained list selected by you powerful special interests who will reverse the progress we've made over the decades. i yield the floor. >> so leader schumer there again saying we should have x, y and z. but back to our original point, fl gloria, what leverage do democrats even have. i guess he has to say something. >> they don't have any leverage. i think what he is trying to do is outline the stakes that we've all been talking about. and of course we talked about the affordable care act, pre-existing conditions.
sf r roe v. wade. and also said that the list that the president put out during the election was a list that was put together by special interests, which is true because it was conservative groups who handed the president a list of people and said, well, these judges would be okay by us. they pass our litmus test. so the democrats are going to fight. but chuck schumer is a real list here. and he knows that all he can do is make hit political arguments right now because he doesn't have the filibuster. >> laura, what do you think? >> all politics is local here. and when the federal congress is essentially hand wringing and perhaps conceding that they don't have the votes, they are still trying to signal to people that these will return to states issues. if there is an overturning after a lengthy process to get it in front of the supreme court to overturn precedent on this level as opposed to narrowing it, he
knows that he has to signal to people on these very issues about particularly roe v. wade and other areas about how important it is to think about local elections. having said that, there is still an opportunity for people to view this case and view anthony kennedy's retirement in a way that preserves some level of autonomy for a co-equal branch of government, that being the supreme court. i'm not trying to be an overly naive glass half full when i say this. i'm simply saying that as the democrat system works, we are supposed to be able to have these vigorous debates during the confirmation proceeding to assess whether the people will rubber stamp every policy of the executive branch which is not the intended pursuit of any supreme court justice. and many have already had the opportunity to go against the original appointment that was made. kennedy being one fine example of just that. >> and let me mention for everyone watching, you work to elect conservative senators. >> that's right.
i run the senate conservative fund and i will tell you that at no point in the 4 1/2 years i've been doing that have our members prioritized anything above getting good constitutionalist judges. and apparently the federalist society supporting the original federalist view of the constitution is somehow special interest group. it is funny how the constitution is a special interest group to chuck schumer. and he named a bunch of the insurance companies, the medical profession. he talked about outcomes. he talked about outcomes. he wants a judge that didn't care what the law is, but wants a judge that will institute his outcomes regardless of the law. that is a major difference between what i expect we're going to see from president trump like a neil gorsuch who by the way did not rubber stamp this president, he ruled against him a number of times. and what chuck schumer would want. that is a stark difference and it will play out this fall. >> all right. stand by.
we have to get a break in here. we've been covering this breaking news. we're talking about supreme court justice anthony kennedy will be turning 82, he has just announced that he will be retiring from the supreme court effective end of july. what this means moving forward for this court. will we have a new justice before the all-important midterm election this november? i'm brooke baldwin. you are watching cnn. your brain changes as you get older. but prevagen helps your brain with an ingredient originally discovered... in jellyfish. in clinical trials, prevagen has been shown to improve short-term memory. prevagen. the name to remember.
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great vision. he has displayed tremendous vision. and tremendous heart. and he will be missed. but he will be retiring. and we will begin our search for a new justice of the united states supreme court. >> kaitlan collins is at the whouts white house f white house for us. we've now gotten reaction from the president. what are you hearing? >> reporter: to take you back to how all of this happened, the president said that he met with anthony kennedy about a half hour before they announced that he was going to retire. and you can see him there praising his service saying that he has a tremendous amount of respect for justice kennedy. but he also says that during that conversation about his retirement when kennedy was essentially giving him the head's up that he was going to retire, that he did suggest some potential replacements for him. now, the president didn't say during that meeting in the oval office with reporters who those names were, who kennedy suggested. but of course there is certainly a list that everyone will be
looking at and the president said he will be choosing from that list the 25 names, a list that the white house updated just last fall that raised a lot of eyebrows, but now that list is going to come into play. it is largely the same list that we saw during the gorsuch nomination before that came out, but they did add five new names to that, several people that the president will be considering as he goes about this process. the president there saying this process we can expect to go pretty quickly. he said he hasn't considered delaying nominating someone to the supreme court until after the midterms because believes that it is something to get done as soon as possible. of course sources telling us that the president wants to have a new supreme court justice confirmed before the midterms. that would he speak a lot of you power to what is going to happen, what will come into play for those midterms. something that has been of concern for the white house. but that does seem to me that
the president will be picking someone to replace anthony kennedy here in the next few weeks. someone to nominate. that will be quite a process for d.c. this summer. and we know some of the names on that list, one is senator mike lee of utah. another is thomas hardiman, that is someone who came down to the final few finalists when gorsuch was being elected. as well as amy barrett. so more than two dozen names that the white house will be considering. and you heard the president saying he wants to do it as soon as possible. >> thank you from the white house. a former clerk of justice kennedy is with us. mr. solicitor general, thank you for joining me. what is your reaction to this piece of news? >> thank you for having me on. working for justice kennedy was one of the great honors of my life. obviously it is sad to see his
great career come to an end, but he certainly earned it. he is one of the longest serving justices in recent memory and the retirement that he announced today is very well earned. >> what does his legacy look like to you? >> i think that he will be remembered as an ardent defender of individual liberties and the constitutional protections. especially his broad based defense of the first amendment. he will also be remembered for his collegial style. i think he was universally admired and well liked on the court both among the justices and among the court staff and the law clerks. and he will be remembered for his personal qualities as well. >> and how did he feel being constantly referred to as the swing vote of the court? >> i believe he once said in a public interview that he doesn't swing, the cases do. and i think that is the fairest
way to describe it. for example, one of his most famous decisions, some described him as a swing vote, but i don't think that that is accurate just as kennedy had been extolling the virtues of the first amendment long before that case. and so it is fair to say that the court came around to his view rather than the other way around. so i think that he did not like t the -- his principles didn't swing. his commitment to the constitution was steadfast throughout. >> okay. thank you so much. appreciate you weighing in on justice kennedy. again, his retirement according to the letter he wrote to the president effective the end of july. you're watching cnn. we'll be right back.
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we're back on the breaking story here. justice kennedy will be retiring at the end of july. lots of reaction. we have some of our legal experts withis. joan, you were talking about being in the court, some observations you had. i'm just curious, how the more liberal justices, what their thinking and feeling knowing that another conservative justice will be joining the court? >> you know, life as they knew it has changed big time. they depended on anthony kennedy to be the fifth vote on key issues that mattered to them, it mattered to many people out in the country. on abortion rights, on gay
marriage, on racial affirmative action, even some issues related to the death penalty. they depended on anthony kennedy, they worked with him. he had actually during the time that the court was only at eight justices after justice scalia's death, he moved more to the left and worked with senior liberal ruth bader ginsburg in a way that he hadn't before scalia's death or frankly this term. and so this starts a whole new world for those four justices. i think that what justice kennedy -- i was telling you that in the courtroom i actually saw no sign of it except for that mary kennedy his wife was there, perhaps some extra family members were there. but at the end of the term often the spouses do show up. but justice kennedy, there was nothing on his face that made
him look like he was about to drop this bombshell. everybody seemed pretty relaxed. but i would say one thing that you've been talking -- that many of our colleagues have been talking about is the idea of getting someone in place before the midterms, but i would say that what anthony kennedy would want is someone in place by the first monday in october because that is when this court comes back and begins the business of deciding the law of the land. and they know what it was like down to just eight members. so i bet there is lots of pressure all around. i would have loved to have been a fly on the world for the conversation between justice kennedy and the president in terms of that kind of pressure. and also in terms of, you know, how much the president might have felt him out about justice kennedy's own favorites. because president trump was very so licitous frankly of maureen
scalia, the widow of justice scalia, and in fact invited her to the rollout of neal xwil gor back in 2017 when he introduced him to the world. there in the room was maureen scalia. so he was very much in touch with sort of the legacy of justice scalia there and i'm wondering if the legacy of anthony kennedy from kennedy's point of view could influence him. but i still think whoever we get will be to the right of justice kennedy. >> i was wondering, jeff toobin, bouncing off of joan's point, how much of justice kennedy sitting at the white house today and who knows what exactly they talked about. according to the reports he said here are some people who i think would be great for the job. how much of really any i guess exiting justice and current president, how much of what he or she may say is really
considered? >> zero. nothing. polite conversation. pleasing t. the entire trump presidency has been about pleasing the base. the last thing they want, they hated justice kennedy, they hated him because he saved row versus wade. they hated him because he wrote that same-sex marriage had to be the law of the land. do you think they want a justice like that on the supreme court? they would go nuts if donald trump nominated someone like that. anthony kennedy will be treated with great respect. he will be praised. he will be honored. and he will be ignored completely. this is -- the person who is most influential in this is leonard leo, who is the
executive vice president of the federalist society. he com supposed the list of 25 justices. he is the one who has to be pleased.supposed the list of 25 justices. he is the one who has to be pleased. >> i'll add something here. jeff is right about leonard leo's hand in this, but leonard leo has been in close touch with justice kennedy as has don mcgahn. you just can't help but wonder what kinds of conversations went on in terms of going this year, going next year. and the other thing i should say is everyone on that list that we'vethony kennedy. there is no one on that list who we would say that could possibly be a swing vote. no, these people have been vetted the way no set of nominees has ever been vetted except for neil gorsuch. >> by the way, i think it was a great idea that the president did this. i hope all presidential
candidates do it. >> did what? >> made this list. made this public list. i think it is great to know who is being considered. >> laura, the last word. >> in many ways this mirrors what happened in 2006 when you had day o'connor leave and alito took her place. i expect this will be very much the same, that somebody to the right of it. but i still think that there is some opportunity in some areas that will have an opportunity to have vetting by members of congress about whether the person is going to rubber stamp or whether they will have actual independent viewpoints. we saw this last summer with neal gore such oig when we talked about whether or not he believed that the president's antics would be weighed into consideration. it may be that he will have a part in that as well. but i have to say for people who are involved in criminal justice reform, one of the big losses here if kennedy -- since he is leaving will be the issues of criminal justice reform andconf.
he all be implored people to take this to the supreme court. with him gone, this is one of the real tragedies of him resigning at this point in time. >> laura is exactly right. and that extends well to the death penalty. he was not with justice alito, justice scalia, justice robert, justice thomas who have been much more supportive of moving the machinery along and allowing executions to take place. justice kennedy was not as liberal as ginsburg, breyer, sotomayor and kagan, but he often sided with them in the death penalty cases. say good-bye to that fifth vote on those cases. >> you know, one thing, brooke, that laura referred to, samsa . alito's nomination in 2005 going into 2006 to ultimately succeed sandra day o'connor, i think all of us remember what happened
first is that george w. bush nominated harriet miers and the base went crazy saying, first of all, she doesn't have the constitutional law chops, but also we cannot count on her to vote the way we want a new justice to vote. and there was such an uproar that she withdrew and that is how sam alito got the spot. and you know, for those of us who have been aaeeen around ever than that, the mantra used to be no more suitor, as in no more david suitors. >> okay. i appreciate the geek out at the supreme court today. thank you all so much. >> i resemble that remark. >> thank you guys so much. quick break. the other big news of the day, the president essentially just confirming a new summit with an american adversary.
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we'll be talk about syria and i think we'll be talking about ukraine and many other subjects and we'll see what happens. you never know about meetings what happens, right. but i think a lot of good things can come with meetings with people. >> that was president trump moments ago there at the white house discussing the upcoming summit with russian president vladimir putin. we're expecting to find out tomorrow when and where that meeting will take place. max boot is here with me. our cnn global affairs analyst and from the council of foreign relations and the timing is key and the nato sum sit next month. thoughts on what the president is saying or could discuss? >> well i think there is a major potential for a diplomatic disaster here. assuming that trump meets with putin right after the nato summit and you have to remember what happened a few weeks ago in quebec when you had the g-7 meeting which was the most rank orrous and most contentious and the most disastrous g-7 meeting
we've ever seen with trump feuding with all of the european and canadian heads of state and getting -- getting into the personal tiff with justin trudeau and this is throwing the alliance to the doubt and imagine what happens in a few weeks from now if trump goes to the nato summit and gets into it with merkel and trudeau and then goes to putin and then it is a love fest where he's fawning all over him the way he fawned over kim jong-un or the way he fawned over xi jinping. this will send say horrific message about the future of nato even if he doesn't make concessions to putin which is something our allies are worried he will do. >> will he bring up the interference in the election. >> i think that is close it a zero. and there is no way he will confront putin about that.
he definitely needs to confront putin to send the message we will not accept russian interference in 2018 # and 2020 but the odds of that happening are slim to none. >> and there is news out of north korea and the regime is actively upgrading the nuclear reactor and newly released satellite images showing they are rapidly making movement and this is week after the fanfare surrounding that big summit between kim jong-un and trump in singapore. so you have this, the administration said north korea is no longer a nuclear threat. >> this is more evidence and it is obvious at the time that donald trump got taken for a ride because kim jong-un did not make a comment. beyond the vague promise of denuclearization and trump said the problem is solved and now the problem is not exactly solved. you're seeing that -- that kim is upgrading his facility at the
main nuclear research facility. now if you were about to demolish your house, would you upgrade the kitchen? >> i would not max boot. >> exactly. and all we've got is hot air and trump has ratified north korea and ending military exercises which is something our allies are concerned might happen in europe after he meets with vladimir putin. >> max boot, thank you very much. >> thank you. quick break. more on our breaking news. the supreme court justice anthony kennedy is retiring. we'll be right back.
he will turn 82. supreme court justice anthony kennedy, the big news this afternoon, announcing he will retire from the nation's highest court from the u.s. supreme court effective the end of july. jake tapper will pick up the coverage. i'm brooke baldwin, thanks for being with me. "the lead" starts now. >> announcer: this is cnn breaking news. good afternoon. welcome to cnn. i'm jake tapper with "the lead." we begin with the major breaking news, supreme court justice anthony kennedy, the man known as the centrist swing vote is retiring from the supreme court. his retirement leaving trump with a decision that will alter the highest court in the land for decades an one that could alter laws in the united states of america and your lives. kennedy was the pivotal swing vote, siding with the majority in 5-4 votes over and over in his three decades on the bench. a more conservative justice in that kennedy seat,