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tv   New Day With Alisyn Camerota and John Berman  CNN  June 28, 2018 2:59am-4:01am PDT

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field. can you do the pickle? >> i can't do the pickle. i won't try. >> can you do the thanks for joining us. i'm christine romans. >> i'm dave briggs. "new day" starts right now. >> you can do the macarena. >> it will be 40 years, 45 years. >> we will vote to confirm kennedy's successor. >> remember what you said when obama was president? >> america should make their voices heard. >> everything is on the line here. welcome to our viewers in the united states and all around the world. this is "new day". it is thursday, june 28th, 6:00 in new york.
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erica hill since me. john avlon here as well. "new day". and big day as well. bear with me. this is our starting line. a glaring political lesson as true today as it was 2,500 years ago when the greeks first wrote it. the strong do as they will and the weak suffer as they must. the strong do as they will. the weak suffer as they must. republicans gain the supreme court in the last two years. they gained it because they could. in the short-term, there suspect a damn thing the democrats can do to change it. there are not enough superlatives to describe the retirement of justice kennedy. they are in play. and the politics of this all white hot for the next several months at least.
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mitch mcconnell wants a vote to happen before the midterm elections. democrats say this is hypocritical. remember, the strong do as they will. this will absolutely play into the battle for control of the senate as well. meantime, lest we forget, 2,000 immigrant children are still separated from their parents. the department of home land security requesting help from the pentagon to house 12,000 migrants after the immigration bill goes down in flames. peter strzok meeting with lawmakers for 11 hours to tuck about his anti-trump text messages. democrats and republicans walking away with duelling assessmentings of that interview. abby, good morning. >> reporter: good morning,
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erica. i think john put it pretty well. this is going to be a bitter confirmation battle. it is already shaping up on the hill. president trump is now facing the prospect of filling his second supreme court of his seat of his term. that could change this country for an entire generation. >> we have to pick a great one. we have to pick one that's going to be there for 40 years, 45 years. >> reporter: president trump celebrating the chance to appoint another supreme court justice after justice anthony kennedy announced his retirement. >> great man. and i'm very honored that he chose to do it during my term in office because he felt confident in me to make the right choice. >> reporter: kennedy was the key swing vote on a number of landmark cases, including r on oev. wade and same-sex marriage, where the mostly conservative justice sided with the liberal wing of the court. >> they asked for equal dignity
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within the eyes of the law, and we grant him that right. >> reporter: it is a major opportunity to tip the eye dough logical balance of the court strongly in their favor, are shaping life in the u.s. for years to come. >> this is obviously an enormously enormously important issues. everything having to do with women's rights, gay rights, solidifying the pro corporate anticipate-worker wing of the supreme court. >> reporter: president trump vowing to select a nominee to replace kennedy as soon as possible. referencing a list of 25 staunchly conservative candidates, six of whom are said to be on the short list. we have a very excellent list of highly educated, highly intelligent, hopefully tremendous people. >> senate majority leader mcconnell vow to go replace this fall with the next court term starting one month before the midterm elections.
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>> the senate stands ready to fulfill its constitutional role by offering consent on president trump's nominee to fill this vacancy. >> reporter: democrats calling for a vote to be postponed until after the midterms and accusing muck connell of hypocrisy. >> 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. >> reporter: ahead of the 2016 election, mcconnell stonewalled president obama's supreme court nominee for over on eight months. >> this decision ought to be made by the next president, whoever is elected. >> reporter: but blocking the a appointment will be nearly impossible for democrats. the senate only needs 50 votes to confirm a supreme court nominee, meaning that if all but one republican vote along party lines they will not need any democratic support. three red state democrats who are up for he reelection in november also voted in favor of
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president trump's first nominee, neil gorsuch. >> we should go through this process. i was very disappointed the process wasn't adhered to the last time. two wrongs don't make a right. >> reporter: president trump is waking up this morning in milwaukee, wisconsin, where he has a political fund-raiser, followed by the ground breaking manufacturing plant in the state that has caused a little bit of controversy there. there are also immigration protests, just a sign how big this issue still is weeks after the family separation crisis really erupted here. >> abby, thanks so much. i want to bring in jeffrey toobin and david chalian. generally speaking, i want to shift to the politics because i think that's where we are today. before we get there, it was just 24 hours ago you predicted that he was going to retire. >> do we want to play that tape? >> jeffrey, i want you to
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explain the magnitude of this so we understand why there will be this political debate. the magnitude of this retirement, what it means for the country going forward. >> the only reason why abortion is a constitutional right in the united states is because anthony kennedy serves on the supreme court. without anthony kennedy, and with one of the 25 justice, half a dozen to a dozen states will ban abortion in the next year or so. they will pass laws saying no abortion in the state of texas, mississippi, south dakota, states that have passed laws like that before. those laws will now be upheld. abortion will be ulle legal in quite a significant part of the united states soon. that's just one practical aspect. if you are a gay couple who wants to be served in a business that is owned by religiously
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conservative people, you will not be able to buy a hotel room, be served in a wed, buy awe a wedding cake. >> fox news is playing clips of you saying this. they are saying you are being alarmist here. >> why am you being alarmist? i'm listening to what conserve toughs have been saying? why are they afraid of women? they have been trying to do this for 45 years on roev. wade. why aren't they celebrate something why are they pretending that suddenly moderates? the silliness is why don't they just celebrate what they've won. i just don't understand why this is something they don't want to embrace.
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am i on fox news? wow. some of my dreams have come true. >> jehave they won? >> we are going to a hands made tail type of america i think is going too far. the possibility that they could happen certainly exist. it matters who the nominee is. it's worth remembering that regan, who nominated justice kennedy in an election year i might add had three nominees. one was justice o'connor, kennedy, scalia. two were centrist the. they were moderates. if he wants to make sure that they cobble together all the possible votes, you know, is there going to be a libertarian streak? >> john, you're talking about -- you call it a dystopia. this is what they want. this is not dystopia to them.
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>> a vision where gay couples can't get hotel rooms is dystopian. those are the mistakes, perhaps, but i don't think it is complete. >> you have an entire political party that says religious people don't have to violate their principles by doing business with gay people. that is a principle of the mod were republican party that. principle has won. >> dave chalian, i want to bring you in here. there are no sandra day connors on this list. there is a list that he will pick from. their views are very well known. there are no surprises. >> this is different than the regan era. donald trump, which was a shrewd political move for him in the midst of his battle for the republican nomination, wanted to prove to conservatives he was trustworthy on judges, that he was not going to just appoint
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folks from his new york days that may be more liberal. he put a list to evangelicals and conservatives make this their die-hard issue, a list of vetted conservatives so they were assured that should he get the opportunity to make appointments, would move to the right. >> that is a great thing donald trump did. it makes the stakes very clear. >> he farmed that list out to the federal society. let's not pretend that he has deeply informed views about justice. he outsourced that to apiece the right. >> and he did that for a reason, and it worked. we know now from that list. and he also reiterated obviously several times exactly what he wanted in a justice. when row v. wade came up that was basically for him and the base he was cultivating.
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>> as jeffrey lays out, that is issue number one. abortion and choice, this is always the top motivating issue when a supreme court vacancy arrives for both political pardons. >> and the president has been -- this president has been incredibly, accomplice it. we have sound on "60 minutes" after the election where he was perfectly explicit about what he wanted in a justice and what he felt would happen to ro he. let's listen to that. >> heidi will vote -- >> another one. >> all right. we don't have that clear. now we have it. let's listen. >> do you support marriage equality? >> it's irrelevant. it was already settled. it was sexualed in the supreme court. it was done. >> so even if you a point a judge -- >> you have these cases have gone to the supreme court.
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they have been seattttled. i'm fine with that. >> that was on marriage equality. on roe he said -- >> will you a point -- are you looking to appoint a justice who wants to the overturn roe v. wade? >> here's what's going to happen. i'm pro life. the judges will be pro live. life. >> why does fox news make fun of me? i'm just repeating what he's saying. >> don't take it too permanent. >> and you realize, jeff, and i heard you talk about it and others have written about it as well, states have been hesitant to do things because they knew kennedy was there. it would be futile to do something. kennedy is gone. states will pass law. they will pass laws with the expectation that they will get through, correct? >> of course. and they will do it this summer. it's not like, you know, people
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in conservative states watch the news. they know who is on the supreme court. so they will start the process whereby they will go to district court, circuit court, and up to the supreme court, and the law is going to change. >> while there will be efforts, there have been efforts before, owe connor and kennedy were real blocks on that. since that decision was done, whatever you think about the the decision with harry blackman, third trimester abortions have been outlawed. we know he was not anti choice before he ran for president and got political. he doesn't address overturning roe. i think ivanka trump would be deeply opposed -- >> oh, who cares. >> no, no, no. there is not a great appetite for overturning roe.
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that may be at risk. don't get me wrong. but you have to see whether sta becisis is. it could be slightly more difficult to cobble together coalition even if it's a simple majority. >> at this late date, does anyone really think ivanka is pushing her father to the center? >> i'm just saying there will be more pushback on this issue. frequently their families feel strongly on this issue. >> the thing that is keeping donald trump alive at this moment is a totally unified republican party. if he were to back away -- >> i think there's a difference between a pro life judge and
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someone whose mission is overturning roe. >> we are looking at a very busy summer. you will see both parties trying to use this to their advantage to galvanize voters. we know conservative voters come out. they know this is going to be an issue. the question is to see whether or not democrats come out in the same force. >> this energizes both parties. here's why i think this is an important psychological pwaoflt for republicans this fall. you have a situation where democratic enthusiasm is overriding republican enthusiasm. we have seen it time and again. all of a sudden there's psychological boost for republicans. republicans have something to sink their teeth into the way they have been craving this election season because it hasn't been there. >> and democrats will be doubly energized as well. we will see if muck connell wants to get this done before the election to stave off a democrat you can senate. if you look up nominationings to
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the supreme court over the last 40 years, beginning with jimmy carter who had zero in his two terms, it is lopsided in favor of republicans. you had four republican presidents, eight supreme court appointments. three democrats, only four. half as many. it is worth pointing out as many democrats are today, republicans have only won the popular vote once since 19 # 8. 1988. >> clinton had two. obama had two. in terms of the election, we talk about the energy here, the fact that mitch mcconnell wants a vote in the fall. among other things, he wants to rush this through. put vulnerable democrats running in red states on the spot. and they will be on the spot. hei heidi heitcamp voted for gorsuch.
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>> i completely agree. i think the president has a completely free hand in picking someone as conservative as possible. you know, the democratic scenario is somehow persuading susan collins of maine or lisa murkowski of alaska nominally pro-choice to vote against donald trump's nominees with john mccain unlikely to be voting because he's ill. that's the math that they have to work with. i agree there are democratic senators who had likely to vote for this nominee. so i think the numbers very much favor confirmation. >> we know from trump's comments he's going young. he wants an impact on the court for decade. the standard used by a lot of judicial nominees they have put forth in the past where you have
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nominees not saying whether brown v. board is correctly decided. there will be a high bar. if they put an ideological bar -- >> with whom? there won't be. >> absolutely, there will be. >> which senators? >> collins, murkowski, the people you just mentioned. >> gorsuch. >> gorsuch too. gorsuch was nowhere near the extreme example. >> on the issues of roe and gay rights, on the issues of affirmative action, neil gorsuch is the perfect template to look for going forward. we don't have to guess here. there is a list of judges the president will pick from. in those list of judges you can read their opinions, you can read their writings before. there is an enormous amount of clarity among all of these people where they're going. and there's an enormous amount of clarity, 99 senators who are
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voting going forward from where they stand. >> some will be more activist. however conservative they are calling balls and strikes. that's the key question to look for. >> what do you expect, david, to hear from in this process just in terms of questioning? because there isn't really a lot that a democrat can do? >> no. as john said at the top of the show, there really is nothing. everyone will make their case on their issue. >> right. >> there will be some theater as supreme court hearings are. >> is there anything in that theater that would get through? >> obviously we will see who the nominee is, all the information coming out about them. it is a known universe. these are vetted candidates already. to expect some big surprise is unrealistic. i just want to make the point you said about the red state democrats. the republican running in indiana already issued a press release yesterday anticipating the vote for nominee and say
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don't think he is with trump just because he votes yes. >> it could give joe donnelly a path. he could say i voted with the president here. that's not the issue. there are other issues here. but the history here, we talk about the possibility of a suitor or a kennedy, this list was created to eliminate that possibility. >> right. i wrote a piece in ""the new yorker"" about the executive vice president of the federalist society who compiled this list. leonard leo, it is not just abortion, it is eliminating affirmative action, it is eliminating the pobltd of any sort of gun control. you think -- we talk about bump stocks, tprebfor example. the conservative view is you cannot regulate anything related
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to guns. allowing greater use of the death penalty. allowing religious people to exempt themselves for from the more and more government requirements. this is the agenda these 25 skwruplgs we judges were picked to advance. >> as jeff of course will know, they did explicitly say there was room for reasonable gun restrictions. the problem is over the period of the last 40 years you had a center right republican tradition. they were conservative. like kennedy, they weren't necessarily doing mattic. the national unity in the court that the court can reflect depends on swing justicesment a lot of them came from republican presidents from nixon on. that tradition seems to be
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decimat decimated. >> i want to be clear about one thing here. i'm so sorry. the argument about whether this is a good or bad thing is a separate thing. this just is. i'm just trying to lay out the case for what is. this is the situation. this is the situation that republicans have seized upon. they did it because they could the last few years. this is the situation that democrats face right now. and it will be very interesting to see. we talked about the red state democrats. i'm very curious to see where the energy in the democratic party will go and how they will play on this issue. david chalian, maybe you have heard it, the next several months. >> the first thing out of the gate from every democrat is this should happen after the election. that seems like a futile argument. i don't understand. but that's their initial organizing point. they will make other ideological points to play clips of jeffrey toobin describing what may happen and trying to create
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energy on their end. >> it's also fascinating to look at, as you go through the list and you are looking at who is left and the attention focusing more and more on john roberts, and he jeffrey, i will throw this to you, and how he does not want to see the supreme court as we know become more and more political. that is a tough thing to avoid. >> i don't -- i acknowledge that john rockets does not like this kind of role for the supreme court. but he also has a vote. there is going to be a statute that comes from the state of mississippi that says abortion is illegal in the state of mississippi. john roberts is going to have to vote on whether that is constitutional or not. and i don't think there's nip doubt about how he is going to come out on that. yes, john roberts would prefer
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that the court sort of good about its business in a quieter way. but too bad. the activists many bring this and they can only duck so many of them. >> mitch mccon. cocaine mitch, in west virginia, is champagne mitch. >> i couldn't agree before. not only did he win at the holding of the garland thing which enrages democrats. it does enrage democrats. the other thing they did that was politically shrewd, he went nuclear, you only need 51 votes to get somebody onto the supreme court for the easier lower
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states, gorsuch substitute for scalia pick. a solid conservative for a solid conservative. if mitch mcconnell was trying to change senate rules now there would be a much bigger fight. there will be more backlash. he did it in the lower states. now it is poised to get somebody through with republican votes. >> so much for being the constitutionalist that mcconnell pretends to be here. let's just call the hypocrisy out. he's a on a bender. that will make this next nominee possible. >> the strong do as they will and the weak suffer as they must. jeffrey, i want to give you the last word here just to make you feel better. >> i feel fine. you're rocking the through siditys. chris cuomo didn't do any
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through seuiditysiditys. >> cuomo is still asleep. >> he has a dvr. >> he doesn't know how to use it, though. also ahead, this summit between president trump and vladimir putin. we're expecting an announcement this morning. all those details ahead. when we were dating, we used to get excited about things like concert tickets or a new snowboard. matt: whoo! whoo! jen: but that all changed when we bought a house. matt: voilà! jen: matt started turning into his dad. matt: mm. that's some good mulch. ♪ i'm awake. but it was pretty nifty when jen showed me how easy it was to protect our home and auto with progressive. [ wrapper crinkling ] get this butterscotch out of here. progressive can't protect you from becoming your parents. there's quite a bit of work, 'cause this was all -- this was all stapled. but we can protect your home and auto when you bundle with us. but we can protect your home and auto hey, i'm curious about your social security alerts. oh! just sign up online and we'll alert you if we find your social security number on any one of thousands of risky sites. that sounds super helpful.
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tom steyer: terrible things happen when you leave a lawless president in power. donald trump is unfit for his office. call congress now. if they won't stand up to him, they're just as responsible as he is.
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all right. big news developing this
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morning. the summit between president trump and vladimir putin is set. it will be announced in hours by the white house and the kremlin. it is supposed to happen after next month's nato summit in brussels. fred? >> reporter: hi, john. we literally just got information a couple of minutes ago. the spokesman for the kremlin saying that he expects that this meeting will be announced at around 8:00 a.m. eastern time. so just a couple of hours from now. of course we expect that the summit will probably take place in helsinki, finland. austria is still on the table. john bolton was here in russia yesterday. he said he believes election meddling will be one of the topics. now, president trump spoke about this yesterday, and he was not that specific. let's listen in.
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>> i think we'll be talking about ukraine. i think we'll be talking about many other subjects. you never know at meetings what happens. a lot of good things can come with meetings with people. >> reporter: you never know about meetings, he said. he said he believes it is very important for him to speak to the leaders of countries like china and like russia. he said it is better for america and better for the world. we know that european leaders don't necessarily see it that way. they see president trump fracturing old alliances with old allies and moving towards countries like north korea, russia and china as well. >> fred, appreciate it. we will be continuing to follow the developments. meantime, satellite images raising questions about north korea's pledge to denuclearize. the photos reveal the regime at a major nuclear facility. will ripley is live in beijing with more on that.
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will? >> reporter: put this into context. sanctions are taking a toll on construction. we have seen photos where construction has been stopped for months. yet now new satellite images released are showing north korea in vesting its scarce resources in rapid upgrades at the nuclear reactor, the only known nuclear reactor that fuels that nuclear program, despite the pledge at the singapore summit with president trump to move towards complete denuclearization. we are seeing upgrades to the plutonium reactor. could they be for inspectors, vips? we don't know. mike pompeo saying there is no timeline for when north korea will give up its nuclear weapons. and he is contradicting statements made by president
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trump. he said the nuclear threat was over after his meeting with kim jong-un. secretary pompeo saying the nuclear threat remains but has been reduced. there is no comment from the u.s. defense officials about these images. we know jim mattis just arrived in tokyo. he will be talking denuclearization with his japanese counterparts. >> interesting pictures. what do they mean? thank you very much. >> peter strzok, the fbi agent as part of the clinton e-mail investigation behind closed doors 11 hours about his anti trump text. what new information did he reveal? if you have moderate to severe plaque psoriasis, or psoriatic arthritis, little things can be a big deal.
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peter strzok was involved in the russia and clinton e-mail investigation. 6th met in a closed door session with the house judiciary and oversight committees, again, 11 hours long. let's bring in phil mudd and laura coates. phil, i want to start with you. the big news that came from this in so far as we can tell, and it was a closed door hearing. it would have been nice had we been able to see what has gone in o in there. when robert mueller found out about the anti-trump text, apparently he didn't press strzok for more information about them. he just fired him. this is being looked on two different ways. republicans are saying, well, how come mueller didn't look into it more? democrats are saying what more do you want, he fired the guy right away. >> let me summarize having worked four and a half years for robert mueller. what his response was, i
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suspect, is he sits up and says, look, this will be portrayed as an event. he knows washington. he is saying a guy is trying to impress his girlfriend. what am i supposed to say? son, you're out of here. let me prepare for the political heat afterwards. i'm sure he looked at this and made a quick judgment that there was not a lot of there there. >> should we have, and we are only hearing through leaks of the committee hearing. should he have asked questions, what did you mean when you sent these anti-trump texts? did these ever color the investigation that you were working on for me? >> i'm not sure he didn't. that is the press reporting. seeing press reports after the hearing and a lot of ig investigations, i'm not sure the press reporting is accurate. i'm not sure one of his subordinates wouldn't have talked to strzok. i think somebody should have asked that somewhere along the
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line. what did you mean? but anybody i think outside the political realm in this country seeing a guy talking to his girlfriend on text saying i'm the big tough guy. i can make the world change in terms of the trump investigation looks and says the guy is trying to impress his girlfriend. how many answers do you want? >> the fact that we haven't learned more from this 11-hour closed door session indicates maybe there were no bombshells. strzok sent the text. he said it didn't color the investigation. republicans on the committee say how can you be sure that they did? where do you think this stops for peter strzok? >> well, in large respect, the bombshell reporting came out of the ig report that essentially cleared him but also vilified him in the same breath. so i think that's where the main bombshell was. where it stops, i think we're going to have to have more information. more information will come out whether he remains with the fbi, to what extent he played in the
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previous interviews with michael flynn and others who have pled guilty or have agreements and cooperated with the government of the united states of america. so you have all of these things at play. we need to have more information there. but ultimately i think he will be -- the word scapegoat comes to mind. not because he is not justifiably critiqued for his behavior, whether it's talking to a girlfriend or trying to play the big bad guy was inappropriate, i think he ultimately will be disciplined by the fbi and should be. >> we will hear from christopher wray, the deputy attorney general. they will be asked about various documents that haven't been turned over to the various house committees yet. how do you think they will h handle the situation, laura? >> we heard christopher wray gave a press conference where he was dismayed but talking about the integrity overall of the fbi. that's a really important condition to talk about here. ultimately the goal of rod
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rosenstein and christopher wray will be to preserve the integrity of the overall context. it does not come down to one particular bureaucrat in an otherwise red tape constrained system. their focus will be on whether or not it's appropriate to release for security purposes or classified information purposes. but rosenstein made it clear, if there is an attempt to get information as a political ploy and extortion, he is not here for it. and shouldn't be. >> we will hear from both of them later today. phil, what do you think we will hear from the fbi director? what does he need to do? we have heard from him some on strzok and other things. what about going forward? >> he is going to have to go dumb early. some of the best advice i got early in the testimony. you walk and say we blew it. he's already been fairly direct about former director comey. he didn't handle this properly.
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but the inspector general says there was no impact on the integrity of the investigation. i'm so sorry. let's move on. let's get out of this. what they think is pretty straightforward. as soon as i get you these documents, you're going to leak them and break the integrity of the investigation ain't going to happen stkpwhrfpl gre happen. >> great to have you with us. thanks so much. president trump adding to his official inner circle with a former fox newser.
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thousands of mourners attending the funeral for a new york teenager killed in a brutal gang attack last week. junior loved the yankees. eight suspected have been arrested, including six extradited from new jersey on wednesday. a former fox news president bill shy is expected to be white house deputy chief of staff in charge of communications.
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sean hannity has been recommending him for months. he stepped down last year after scrutiny over how he handled sexual harassment claims at the network. bill shy close to sean hannity at the white house. >> it appears to be a line of communication we knew about already. >> sean hannity calls the president regularly. >> this is an organization designated to playing the base which has further polarizing america. for all the complaints about the meeting get anything bed with past administrations, there has never been this deep a level. >> i will say people like dooren smith, people have gone on to similar rules before. he is ex fox news. >> he yes. >> i will say one of the things
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i will say, given his role and all the sexual harassment charges, it is something the white house is completely unconcerned about. >> i don't think they have ever been concerned about that whether it sroflsz the president. >> a soccer shocker. germany out of the world cup. >> it may be the best of our lifetime. nail biter after nail biter. it has been so good to watch the last fewers weeks. every four years the world cup brings people together. brought to you by ford, going further so you can. mexico was playing sweden at the same time jermaine was playing south korea. once sweden took the lead on mexico, germany knew that they were going to have to beat south
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korea in order to advance. and if that happened, then mexico would be out of the world cup. so it was just desperation time for germany. mexico's fans all around the world became the biggest south korean fans. south korea scoring that goal right there. in that moment word spread germany wasn't going to advance. some even hoisting up koreans onto their shoulders and carrying them around in mexico. mexico now moves on to play brazil in the knockout stage. germany out in the group stage for the first time ever. england, meanwhile, faces belgium later today. there may not be enough beer for their fans. right now it is being rationed due to a carbon dioxide shortage. that gives beer its phys. terrible timing for the soccer fans.
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i guess the pubs a little less rowdy today. >> nobody wants awe beer shortage ever. >> and it is not carbon dioxide. it is god. beer is that special it has to be a higher power. >> you're on a roll this morning, berman. >> i didn't get much sleep last night. andy scholes, thank you very much. we have been talking about the retirement of anthony ken de. he was the key vote and wrote the pps on the most important gay rights decisions the last several decades. we're going to get reaction from one of the people at the center of one of those cases next. we'rm one of the people at the center of one of those cases next. how do you become america's best-selling brand? by opening new doors to big possibilities with the first ever ford ecosport. woman: my niece maria. maria: hi! woman: perfection!
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see what you can get for under 20 grand the first survivor of ais out there.sease and the alzheimer's association is going to make it happen. but we won't get there without you. visit alz.org to join the fight.
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itthat's why i lovel the daily fiber wfiber choice,ood alone. with the fiber found in many fruits and vegetables. fiber choice. the number one ge recommended chewable prebiotic fiber. across the country this morning there is a focus on how president trump's nominee to replace retiring supreme court justice anthony kennedy will impact social issues. one of the most important cases
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came three years ago this week. joining us now the plaintiff in that case. jim, good to have you with us this morning. >> thanks for having me, erica. >> in that opinion justice kennedy wrote in part that the constitution grants the right of equal dignity in the eyes of the law. he specifically referenced the constitution. chief justice roberts said it wasn't about the constitution, though, on that day. how are you feeling about it this morning? >> i don't think the word devastated is too strong a word for how i feel and feeling despondent about what this means for lbgtq and marriage for millions of americans. >> he was asked specifically about marriage equality. here's what he had to say. >> do you support marriage equality? >> it is irrelevant.
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it was settled. it was sellsed by the supreme court. it's done. the cases have gone to the supreme court. they have been settled. i'm fine with that. >> the president says it's been settled. does that give you solace? >> not one bit. i'm not sure i believe anything that comes out of the president's mouth. because he says one thing one day and the exact opposite the next day. and i have to believe that there are people behind him pushing him that will force this issue and bring this back up for a vote. or for a hearing. and that really concerns me. >> how does that change what you do then starting today? >> i just have to get back to making sure that i'm vocal, i'm fighting, i'm active. and making sure all targeted community, minority communities, we have to fight for each other. and if we lose marriage, what does that mean happens next? we have to stand up and fight
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for every minority community. we have to be a team. we have to fight for our rights together. so that's my plan. i just need to stay vocal and be an ally for every minority community. >> if you could get the president here and have a conversation with him, what would you say to him? >> i would talk to him about my husband john and what our life together meant and what it was like and what it meant to me to know john could die in peace and know that i can always say i'm a we widower. the fact that that right is now at risk scares me. and i would hopefully help him understand why same-sex couples and their families deserve the right to live their lives in dignity with the same respect and the same rights as any other couple, any other family.
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>> do you feel senate leadership understands that? justice kennedy was very clear in terms of dignity and why dignity was important in equal protection. those are things he brought up continually as he was writing these majority opinions. >> right. that's one of the things, you know, as a gay man i respected justice kennedy. because he seemed to interpret the law with compassion. it wasn't just about the black and white letter of the law. he thought about things like dignity, respect, and compassion. and i'm worried that that layer, that important layer of compassion will now be missing in that court. and that's why i'm very concerned. >> passion is a word that comes up a lot these days. appreciate you taking the time to come in today. >> thanks, erica. for u.s. viewers, "new day" continues right now.
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>> i'm very honored because he felt confident in me to make the right choice. >> i have no hope that he will appoint anything resembling a moderate. >> they should follow the rule they set in 2016. >> we should move ahead on this. >> the democrats are facing an uphill battle. >> roe v. wade is dead today. >> this is an incredibly important moment. >> i have no reason to think he won't. >> a slightly more conservative nominee could produce sweeping changes. >> this is "new day" with alisyn camerota and john berman. >> welcome to your "new day". it is, what, thursday at this point. alisyn is off. erica hill joins me. john avlon is here as well. we forgot what day it is because there is so much news it is clouding our vision. raw political power. the results of raw political power.

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