tv Smerconish CNN July 7, 2018 3:00pm-4:00pm PDT
story or nominate someone you think should be a cnn hero, log on to cnnheroes.com. i'm ryan nobel in new york. i'll see you one hour from now. stay tuned, though, "smerconish" is next. ♪ i'm in philadelphia. we welcome our viewers in the united states and around the world. what will he factor into his decision? i'll also ask deference other wits why he suddenly feels like the social pa rya of martha's vineyard. he's losing friends because he's defended trump. are we unable to speak anymore with those who disagree.
we'll discuss. barack obama's legacy is being dismand the by donald trump, why isn't the former president doing more i'll speak to someone with invite in that regard. how much can we learn about a nominee before they become a supreme court justice? >> if they toe the line, not much. for those that spent days and nights trapped in thailand, what do they need to do to stay mentally strong? i'll speak to a psychology all too familiar with extreme scenarios. first, monday at 9:00 p.m. east will be must viewing when the president announces his pick to succeed anthony kennedy on the supreme court. it would be his second pick in two years, and represents an opportunity for him to fundamentally change the course of history. when when he filled the seat one
held with neil gorsuch, the court was not markedly changed. notwithstanding the seat should have gone to president obama's pick. this time is different. despite being appointed by ronald reagan. anthony kennedy was not always a reliably conservative vote. he was so often the swing vote, the fifth and deciding jurist on a court comprised of nine. the future direction of the court will be altered if he puts a conservative, 5-4 with an -- the question now is, who will he select? in making a decision, he must choose between competing elements of his own constituency. might he select a more mainstream conservative? or perhaps go with a compromised middle american from michigan?
perhaps he ran from the last time, a judge in pennsylvania. the mainstream conservative is judge bret cavanaugh, often a farm team for the supreme court, a former clerk for justice kennedy, whose shoes he might fill. he once worked for ken starr and opined a president's words can be used against him in a case obstruction of justice might be an impediment. given the investigation that trump faces from rob muter. the religious fundamentalalist choice, amy coney barrett a law professor, who now sits on the 7th court of appeals in chicago, said to be the choice of social conservatives from outside the bellway. this mother of seven, two children adopted from haiti, from the charismatic group people of praise, she once clerked for antonin scalia.
there might be 'path for a compromise candidate, like cavanaugh, he too clerked for kennedy. or maybe thomas hard i man. circuit court of appeals in philadelphia. those are the reported four finalists. although, with president trump, one never knows who will be the last to be voted off the island. here are the most important stats about these potential justices, at least according to me. calf a -- there appears one certainty, president trump is about to nominate someone who could easily serve three decades on the court, further bolstering his standing for better or worse as the most consequential president of the modern era. so who do you think he will
select? that's the poll question this hour. go and vote now. your choice is judge barrett, kavanaugh, kethledge or hardiman or someone else. i'll give you the results at the end of the hour. alan dershowitz is here to weigh in. his latest book comes out on monday. it's called the case against impeaching trump. professor, if the president called and solicited your advice, who would you advise him to -- >> i could never disclose, if he were to call hypothetically, i would say the distinction is between a traditional libertarian, conservative who respects precedent and an activist conservative judge who would impose, now i'll use gender, her views on the country. the big issue with judge barrett
is in her writings, she not only suggests that the issue of roe versus wade should be left to the states. but she implies there may be a constitutional right to life which if true would preclude the states from even permitting abortions. that is, if there is a constitutional right to life, which the states cannot overrule, new york, california, pennsylvania, would not have the power to allow women to have abortion. she's written about the innocent fetus, and how we have to protect the innocent fetus the distinction between kavanaugh on the one hand and barrett on the other, kavanaugh might say the issue goes back to the states. we can fight it. but with judge barrett, she might try to take it out of
politics with roe versus wade. so there is a very, very important distinction between different kind of conservatives and i think the president will do well to appoint a traditional libertarian conservative with an open mind and, by the way, if barrett gets the nomination. she ought to have an enormous picture of senator feinstein in her office, because it would be senator feinstein who would have gotten her the job. senator feinstein, foolishly, unconstitutionally, challenged her religious views when she was up for confirmation, and of course the constitution says that no religious views shall ever be taken into account in appointing somebody. >> professor -- >> she made her a hero. so if barrett gets the nomination, it's judge feinstein's response -- it's senator feinstein's responsibility. o >> i'll come back to that in a moment. at the outset, i was asking a hypothetical, as if president
trump called dershowitz, what would be your advice? the way in which you have just answered me necessitates this follow-up. this you can answer. did he call you? >> look. i don't want to get into whether the president has sought my advice. he has sought my advice on a variety of issues, mostly relating to the middle east. i have advised every president on the middle east during the last several decades. i will continue to do. so i will be available to answer any questions and any president on the supreme court and to keep it between me and the person who shot my advice. i'll tell you, if he were to ask me or if he has asked me, i would say that interests of the american people in a fair constitutional analysis. perhaps more than barrett. i hope he picks somebody on
precedent rather than somebody who would impose her own reviews, whatever the source of those reviews. i wouldn't distinguish between religious views and political views on the american people. irges i think that's okay. >> i this i that answer cost you three more invitations on martha's vineyards. >> that's okay. i'm winning the battle the people on martha's vineyard are reasonable and decent. they have begun to condemn, a small amount of people, you have swent your life with civil libertyies, we will stop talking to you. everybody would have been happy, including me, if hillary clinton were president if she were being impeached or prosecuted or threatened. i'd be her strongest champion. i actually wrote a book defending bill clinton's right to not be impeached. today i would be the hero of martha's vineyard if i was
making the same arguments, but making them for hillary clinton rather than helping donald trump by making the civil liberty arguments. it's all about small-mindedness and intolerance, and unwillingness to talk. this is what's going on on college campuses these days. conservatives are being shunned. conservatives are being denied the right to speak on campus. when you see serious people, adults wanting safe spaces, trigger warnings, not to be confronted with a view they support if it applied to a different person and hillary clinton rather than donald trump. but i'm not going to change my position. i will continue to make my position. i make it in my book, the case against impeaching trump. i will continue to make it in any format i am asked to make it. >> i need to ask you about today's "time's" story, which suggests via rudy guiliani there is a change in strategy and
posture on the part of the trump defense team, which says if mueller wants to interview him, he first has to make a showing there has been criminal conduct on the part of the president. that type of a demand of an investigator i say would be unprecedented. react to that story, if you would. >> well, it's a smart tactic i think by the trump team to put this into a legal challenge context. nobody who is a suspect or a target, he's not a target or a subject of any kind in a criminal case should sit down, prosecutors don't want to meet with you to help you. they have to meet with you to have you commit perjury. any criminal defense lawyer walled say don't sit down with a prosecutor, but if you're going to be subpoenaed, and have to testify in secret without your attorney in front of the a grand jury, strike a deal. both sides are playing hardball. >> hasn't the goal post been moved?
>> yes. yes, i think he has. i think he has made it harder for the sit-down to take place, and i think we can expect there will probably be a legal confrontation. trump will win some aspects of it. may lose some aspects. >> the final question. >> sure. >> important final question. let's circle back now. will the person who is announced on monday night by president trump ultimately play a role in determining whether trump has to answer the questions of special counsel robert mueller? is that where this is headed? >> it's a good question. the way the strategy is leaning toward a confrontation, >> it's a great question. the way the change may well go to the supreme court. remember that when a similar case came with relation to president clinton the two people he nominated to the court voted against him. one hopes for justices who can be objective. we didn't get that in bush
versus gore. we saw a partisan decision. we didn't get that in other cases. you know, the terrible thing about america is we care so much who the nominee is. because the supreme court has become so partisan that it's no longer an institution just of law, of constitutional law. >> understood. >> it's become an institution who sits on it determines what the law is. that's not good for the law, that's not good for america. we agree on that for sure. i appreciate you being back. >> thank you. what do we have, vaughn? potus under criminal investigation should not be allowed to pick a supreme court justice until it is over, he may be charged with trees, possibly obstruction of justice or money laundering. that's what i was asking a moment ago. if you bring this full circle, i think there is a fair chance, maybe a strong chance that
whoeverever gets announced on monday night, assuming they're confirmed, and that seems likely, could ultimately be weighing in on whether or not the president has to answer special counsel's questions. >> i think we need afternoon unbalanced supreme court to counter the expensive liberate media. >> casey, good sound bite, but here's the thing the quote/unquote extensive liberal media isn't making any law. i want to know what you think, go to my website, answer the poll question of the day. who will president trump nominate for the u.s. supreme court, judge barrett, kavanaugh, kethledge, hardiman you just heard dersch say kavanaugh, i think. for a time, the most popular figure at home and around the world, but
president barack obama has virtually disappeared, publicly silent as his legacy is dismantled? why so quiet? our next guest will clue us in. 12 boys and sheer soccer coach stranded in a cave. what mental strength does it take to survive? we will get into the psychology of it all coming up. at outback, there's one way to cook a steak. perfectly. and three ways for perfect shrimp. introducing steak & shrimp, starting at $15.99. whether you choose bbq, garlic butter or sweet & tangy shrimp, it'll be perfect. and for a perfect outback meal at home, order now.
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just two years ago, barack obama was arguably the most popular american on the planet. now he's all but disappeared from public view. while it's tradition for presidents to lay low, some say a trump presidency is threatening norms, and presidents like barack obama have a moral obligation to weigh in. why is he staying so silent? gabriel debeneditti tried to
address that. gabe, you paint a picture of him being disassociated while the dismantling of his legacy is taking place. explain. >> well, that's mostly right. he is monitoring the newsroom from afar. he is outraged in this story. he's decided not to follow along on twitter, and not to be watching cable news, he is writing his book, building a foundation, traveling a lot and giving speeches. three parts to his reasoning, first he wants to respect the president. he really appreciated what george w. bush did for him, not weighing in, when in early 20009 and 2010, he was doing things that bush would not have agreed with. another part is he doesn't want
to turn everything into an obama versus trump fight. he is trying to create space for other democratic leaders, they're the ones that have to move the party forward. the other part he knows any time he weighs in on things, he consolidates the republican party behind donald trump. because of the nature of these things, it becomes so partisan. and what he doesn't want to do is make trump's life easier by giving him a foil. he has decided to take a step back. it is considered that was what he was always going to do. >> of all the thing on the trump presidential watch. you write that it was the boy scout speech that most got under his skin. let's remind the tony when president trump spoke at that jam boree. roll it. >> do you remember that incredible night with the maps and the republicans are red and the democrats are blue and that map was so red, it was unbelievable. did president obama ever come to
a jamboree? >> gabe, explain how that was dealt with by president obama, how that impacted him? >> well, he decided ultimately not to speak up about this. but this was one of the many things that troubled him because of the message that was sent to young rising leaders. he basically made a case to his friends, some of the work has to be to inspire and build up the generation of the leadership, that age group are basically sponges, and whatever message they get, they're going to absorb. in that particular case, what they got is this divisive political message instead of a speech of civility and leadership and the importance of inclusiveness, in a people that president obama would likely have given. in the background, talking to friends and allies, he was stewing over the fact that president trump was poisoning the minds of the next leaders
but again he decided not to speak up again. had he do that, he would have turned that conversation into yet another partisan conversation. that's not the way he wants these things to go. >> i can't help by but hear and i read and thoroughly enjoy the piece and not draw a distinction between president clinton and obama. it sounds like president obama recognizes if he were to enter the fry he probably plays well to trump and trump's base, president trump loves to make everything about obama and clinton. so obama is resisting. secretary clinton seems like she can't resist. she is still via social media and live events playing a role. >> that's certainly true. she is weighing in more than obama is. of course, there is a difference. she was never the president and bound by that same precedent. though she also feels that
are pieces of the campaign that were not properly litigated or covered well in the moments. she feels she has a role in the standard bearer. obama sort of sees his role above politics at this point. he obviously understands that he is a face of the democratic party and its most recent leader, but the way that he thinks about these things are sort of as his role as being a civic leader for the world rather than a political leader right now. >> thank you, gabe. it will be very interesting to see if that holds through the mid-term election. based on what you wrote, i suggest it will. apart from him raising money behind closed doors. but thank you for being here. >> thank you. let's see what you are saying. what do we got coming in? president obama knows the only way to stop president trump is at the ballot box. the former president is too well respected and does not want this sign to be his legacy.
it's a close call, ed. i don't see who is filling the voigt. i get the mindset, president obama says it's not my time now it's somebody else' time. that presupposes that somebody else will assume the mantle. so far that person has not clarified or emerged. next up, we think we know what justice nominees stands for. are they really good at telling us what we hear until it's too late? my next guest sat in many a scotus hearing. so i look forward to hearing what he has to say. after being trapped for so long in a cave, a psychologist gives us a sense of what those boys in thailand have to contend with mentally. welcome to holiday inn! thank you! ♪ ♪ wait, i have something for you! every stay is a special stay at holiday inn. save up to 15% when you book early at hollidayinn.com save up to 15% when you book early booking a flight doesn't have to be expensive. just go to priceline. it's the best place to book a flight
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as i hear you, you do not believe that there is a general right of privacy as in the constitution? >> not one derived in that fashion. >> that was 31 years ago and arguably, it was the last time that a supreme court hearing lived up to the billing. judge robert bork answered to his detriment. now it's the kennedy seat president trump will announce at 9:00 p.m. east on monday night. ever since bourque, nominees seem to follow the first rule, do not harm, how much will we really learn from the hearing process? where republican senator susan collins said she will not support a nominee with a demonstrated hostility to roe versus wade. will we even learn the thoughts
on that precedent? joining miss is ronald wyche, the dean of the university of baltimore school of law, he was counsel to senate democrats roberts and alito. then at the justice department, he work on the nominations of sonia sotomayor and elena kagan and senator to kennedy in the hearings in the 1990s. i think of the job of a nominee as a white house press secretary. meaning, keep your mouth moving, but don't say anything of consequence. >> well, first of all, thank you for inviting me to be with you. this is an important moment as we head into the supreme court confirmation process. i think you are a little cynical. you are right, nominees are on guard. they know they can hurt their candidacy by saying the right wrong thing. they know where the pitfalls are.
modern nominees have learned the lessons. i think these are individuals who have views, and the senate confirmation process provides an opportunity for senators to probe and explore, and get a sense of who these individuals are. after all, many will serve many decades, and this is really high stakes stuff. >> so let's drill down on roe versus wade, senator collins said the following to my colleague jake tapper the other day. let's watch. >> i would not support a nominee who demonstrated hostility to roe v. wade. that would mea to me their judicial philosophy did not include a respect for established decisions, established law. >> dean wiesh, in recent hearings, here's the way in which that issue has been dealt with by several nominees.
quick montage. >> do you see any erosion of precedent as to roe? >> again i think i should stay away from discussions of particular issues that are likely to come before the court again. >> it is a precedent that has now been on the books for several decades, it has been challenged. it has been reaffirmed. but it is an issue that is involved in litigation now. >> would it be legal to terminate that child's life? >> i can't answer your hypothetical because i can't look at it as an abstract without knowing what state laws exist on this issue or not. >> the supreme court of united states held in roe versus wade that a fetus is not a person for purposes of the 14th amendment and the book explains that. >> do you accept that? >> that's the law of the land. i accept the law of the land, senator, yes. >> reporter: dean wiesh, what
is the appropriate question for an earnest senator to ask of a nominee on this issue? >> let me say with all respect to senator collins. i think she has misstated where the burden should be in this instance. we have a president who has said very openly on the campaign trail and elsewhere, he has a litmus test. he intends to nominate people who will overturn roe versus wade. it seems to me a nominee has to demonstrate accept yanks of roe to satisfy senator collins and others who are concerned on that particular issue, and more generally, senators should be looking for someone who will not upset the constitutional consensus on not just that issue, but many other issues before the court. and nominees will be reluctant to commit to certainly they should not commit as to how they will decide a case in the future. they will be asked, do you accept doctrines?
they should accept that right to roe versus wade and subsequent questions. >> is it proper for someone to focus his vote on someone pledging they will not overturn roe versus wade? or does that go too far? >> the government doesn't limit the basis of the vote the senate as a whole a political question, as to how far the senator wants to go in relying on an aspect of a nominee's record. i think the stakes are so high here, as i say, this is a president who has gleefully spoken that he will fill the seat for 40 or more years. he's already filled it, a previous vacancy, one that many believe was illegitimate, because the senate failed to
consider barack obama's nomination of judge garland, having filled one vacancy, he has another swing seat. i think they should have a high hurdle. >> would it be fair to say judge whomever, because they're all circuit court judges were told, i need to know, will you vote to uphold roe versus wade if given the opportunity? is that the appropriate question? >> i think that's the wrong formulation. >> tell me what it is. >> do you september roe versus wade and casey and whole women's health, the case just two years ago from texas, which held there are certain restrictions that place an undue burden on a woman's right, do you accept these settled precedents? i think that's the right way to say it. the nominees will do some of. this we saw nominees willing to accept without question the decision for example in brown versus the board of education or gris wall, which established a
right to gain contraceptives, so that's the send of acceptance of federal constitutional law is what senators should be looking for here. >> thank you so much for your time and expertise. >> thank you for having me on. >> what do we have from facebook or twitter? a lot of reaction. it turns out if a president can be indicted, wouldn't that speak to obstruction of justice? susan berger it's like all of these players are much more sophisticated than that. i don't think that the president would ever be so foolish to ask that given the mueller probe, similarly, he would know better, i would think to ask for direct response, all done much more wink, wink, nod, nod, your question i think would be wholly inappropriate.
vicki -- kacanaugh has written that a potus should never be under investigation for that reason, because trump will be trump. i think that's who he will choose, yes, vicky, cavanaugh also went working for ken starr. took the position that things that the president had done relative to obstruction, if you transferred the line of thought to what went on in this case, the president dictating air force one about the trump tower meeting, sorry, i'm so far into the weeds, i'm suggesting there is an alternative way to look at kavanaugh, his believes if applied in donald trump would be problem maddic to trump. so, i don't know, that might be a wash. i want to remind to you answer the survey question. who will president trump select? we get the announcement monday night 9:00 p.m. here here on cnn.
judge barrett, judge kavanaugh, judge hardiman. next up, after so many days and nights for those boys trapped in a cave, i find myself preoccupied with their mental health. how can people keep it together? a psychologist with expertise weighs in next. ontrol. i need to shave my a1c. weekends are my time. i need an insulin that fits my schedule. ♪ tresiba® ready ♪ (announcer) tresiba® is used to control high blood sugar in adults with diabetes. don't use tresiba® to treat diabetic ketoacidosis, during episodes of low blood sugar, or if you are allergic to any of its ingredients. don't share needles or insulin pens. don't reuse needles. the most common side effect is low blood sugar, which may cause dizziness, sweating, confusion, and headache. check your blood sugar. low blood sugar can be serious and may be life-threatening. injection site reactions may occur. tell your prescriber about all medicines you take and all your medical conditions. taking tzds with insulins, like tresiba®, may cause serious side effects like heart failure. your insulin dose shouldn't be changed
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we have been getting more information today about the 12 thai boys and soccer coach and letters exchanged between them and the outside world. in a letter sent to parents through divers, the 25-year-old soccer coach told them he was sorry. several parents wrote back and assured him, it's not his fault. in others, parents sent messages such as do not worry, and we're not mad at you, we love you. for all the focus on getting them ute safely, i have been wondering about a related issue. how do you stay emotionally intact in an ordeal such as this? what are the ramifications? jessica weil joins me now. she has done a lot of studying
on this, professor, what is your strategy, your advice, for the emotional fitness of these boys while they are undergoing this ordeal? >> well, there are a few strategies that will help them stay safe and mentally well. one of the key strategies is to focus on how they will get out rather than thinking about, why did we come into this cave? why did we make that decision? why aren't we getting out today? so they can focus on that, many people, there is a rescue mission that they are going to get out. that they have been found and how that is going to happen, that will keep them healthy. the next very important strategy is they have to keep to a routine, so it's very difficult in darkness in a cave when their circadian rhythms have been disrupted, but it's important to try to have a wake-up routine, a bedtime routine, with a similar number of hours they are awake each day and this will
help their body to adapt to be in darkness, and can help them also to emotionally be in that state. and the other helpful strategy would be to try and do a little bit of activity. obviously, this is really difficult in this circumstance where they are. but a little bit of activity such as simple squats or stretches, just something to keep them moving a little bit. that will help their health as well. they have a long road ahead of them. they are at risk of developing anxiety around close spaces when they come out and also, obviously, post-traumatic stress disorder. >> are children of this age group fully formed with regard to claus roe phobia? if i were in that scenario, i don't think i could handled it. >> kits can develop class rho
phobia. one of the things that can happen when we are trapped in a confined space. when we are outside, like a room a bathroom, we may get a sense of panic, even though we are not trapped. they may not want to close doors when they are out. that's very common. they'll be avoiding that sense of being trapped. of course, this may not develop. it's quite a common outcome from being trapped inside a cave. >> finally, i guess it goes without saying, we don't tell them there has been a fatality relative to the rescue? >> absolutely not. if they're rescued by diving out of the cave, that's a five-hour mission. we don't want them to know how dangerous it is. that just will raise anxiety. they have to stay calm to get
out. giving them new information about what steps to rescue them will help them. telling things all the dangers is less helpful. >> professor, thank you so much for your expertise. >> thank you. >> still to come. the best and worst tweets and facebook comments. like this one. i cannot imagine the state of mind of their parents who understand the obstacles their kids are up a against. bless them all. alexis, i could not great more. to my last question of the professor, the parents fully appreciate all the dynamics in a way the children presumably do not. we wish them all godspeed. don't forget, vote right now on the final question of the day, smerconish.com. who will the president nominate for the supreme court? there are the presumed candidates, and of course the category of "other."
time to see how you responded to the survey question of the day. at smerconish.com. who will president trump nominate for justice of the supreme court. survey says -- how many votes were cast? what do we have here? 7533, and 49% say amy coney barrett. interesting. brett kavanaugh second at 17%. the other category, then just kethledge and then just hardiman and the "times" reporting
cavanaugh and kethledge but social media reaction. what do we got? the comments are based on the law, not a partisan pan. you may not like what he has to say, about what he said is law-based. i'm not sure, bmac, to which particular comments you are referring in particular. but i enjoyed having him as usual. next, what do we have? smerconish, the reason president trump disappeared is because he is unlike the current potus, a class act. he knows the people will wake up from this trans and realize they've been duped by a dictator wanna be. and it has to be extremely difficult for him to be disassociated from what is going on, not the least chf is the dismantling of the affordable care act and it is interesting to see whether he re-emerges in the fall pertaining to the midterms. i don't think he will. what else do we have?
trump wants a woman to help overturn roe v. wade because it would look bad if a bunch of conservative men did it. well that argues in support of judge barrett. i don't know that is the case. i don't know that he is motivated by that issue the way some suspect or ascribe to him. he was never a opponent of abortion when he was the developer in new york city. right. one more if we have time. think we do. trump will appoint a woman. obama appointed two. we know that trump has obama envy and wants to try to replicate anything done during obama tenure. that may be the winner. folks, find me on social media. i'll see you next week. peloton. let's go grab a couple thousand friends and chase each other up a hill. let's go make a personal best, then beat it with your personal better than best. let's go bring the world's best instructors right to you. better yet, let's go bring the entire
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this is cnn breaking news. >> you are live in the cnn newsroom. i'm ryan nobles in new york. ana cabrera is off today. a last resort rescue mission that is beyond dangerous. but they literally would be the only way to save the lives of a boys' soccer team trapped underground. this is a cave in northern thailand. 12 boys all under 16 and the coach began the nightmare would weeks ago when they got stuck in the cave. the most terrifying hours are still to come. cnn matt rivers is there. we're hearing that rescuers have now decided