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tv   New Day With Alisyn Camerota and John Berman  CNN  December 28, 2018 5:00am-6:01am PST

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alien invasion. this after the images you are seeing right now. this is the sky lit up after a transformer blew up in queens. people were going nuts as this was going on. understandably so, right? that is a sight you do not see very often. >> no. i have never seen anything like that. it is a beautiful blue, just for the record. but it lasted for some time, too, that throws you off. >> we all made it through in one piece. no one was hurt, no major power outrages. >> speaking of power destructions, the government shutdown is in its fifth day. both sides far from any agreement on funding for the president's border wall. that means about 800,000 federal workers are working on furlough or working out pay.
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the politicians, though, will continue to collect their paychecks. >> democrats will of course gain control of the house for the first time in eight years. republicans widen their majority in the senate. in case you are wondering what democrats plan to do in the house. committees are hiring the lawyers, laying the ground work for investigations. >> all right. want to bring in cnn political analyst and white house correspondent for "the new york times" maggie haber maman. you need to see this job posting. they're looking for people with legal expertise in criminal law, immigration law, constitutional law, intellectual property law, commercial and administrative law, including antitrust and bankruptly and oversight work. >> would be great to just say the law, right? >> they're looking for people with all this vast experience and oversight. do you get the sense the president is ready for this? >> no, i don't think the
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president is ready. they might get ready. the white house counsel's office had been one of the areas that remained pretty well staffed, despite the hiring woes. the incoming white house counsel has done a lot of work to bulk it up. that doesn't mean that anyone in the white house or the president is ready for what this means. if you talk to veterans of the clinton white house, which is the last time you had this level of lengthy oversight, the years is grinding to a halt. it is exhausting on the staff. you have to set up additional staff and wall them off to deal with it. there's not enough staff in the current white house for them to deal with this. i don't think the president was very used to paint his own presidency understands how the ground is going to shift on january 3rd. >> john, you pointed out earlier
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this morning this isn't necessarily just going to be about tax returns or russia. but it could be we want to hold a hearing with the armed services committee to learn more about the decision to pull out of syria. >> i think if they only target the president and what looks like his personal life, his taxes, his business, bringing his children in to testify, i think that actually could be a problem. that is where the bulk of the focus is less on the tax returns than on his family and on the business. there is a lot that we know already they want to look at. they want to look at security clearances and how that was handled across the board within the west wing. they're going to want to look at the immigration policy. there is a number of issues that i think this white house just doesn't understand what's coming. the question is going to be how easily and readily, not just with the white house but do other departments respond to requests for information. do they stall? do they try to drag it out? we don't know. we're not in the area. >> the armed services committee
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calling james mattis to capitol hill, sitting him down and asking him a whole lot of questions. >> i think he would get called, most likely. we don't know. so there is a diminishing value. but to the extent we could see where they'd be interested, mattis is likely to be one person. john kelly is likely to be one person because he was the department of homeland security for many moons. >> tillerson. >> tillerson. garrett cohen. i think you will have a number of people looking at getting asked to appear before congress. and i think, look, there is always a risk of looking like you are over reaching if you are in the majority. i think they will have to balance that with what is the legitimate duties of oversight. it is pretty clear republicans have done extremely well in oversight. >> we are in this government shutdown. it will continue until 2019, which grant it, is not that long from now. >> if you are a worker on
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furlough or not getting paid, it probably doesn't feel like it's not that long. >> that's a good point. every day matters if you are out work right now or without pay. the president today, just so people know, the president has already put out three tweets and counting on the government shutdown and these nonnegotiations taking place. what's interesting is that this seems to be it. this seems to be all he's offering right now on this subject, which is tweets. >> he's offering tweets. there was some misinformation coming from the white house yesterday between the president and democratic leaders that's not true based on my reporting and the reporting of others. i don't know what game they were playing at at trying to suggest there had been talks when there clearly was not. he's offering spin. and sometimes he's very good at it. but they made it clear that the strategy will be when the new congress moves in on january 3rd, they will vote on it and
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say we're trying to open it and the president who said he wanted to own this shutdown, he does not have a great hand to play here. he seems like he's going to keep playing it out, but i'm not sure what the end game is for him. i'm not sure he knows either. >> most of the people who aren't getting paid are democrats. i mean, that alone, too, i'm not sure -- >> it seems unwise. >> i'm not sure what the narrative is for him setting it up. but it speaks to what we know about this president, that he operates on the moment, that he goes with his gut and what's going on in the moment. not looking forward and not looking back. >> there is no past and no future and therefore no real indications of anything that he said from one minute to the next. i think that insinuating that the body of government workers part of a partial government
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shutdown are out to get you. that's really what he oes saying. and democrats are hurting their own people. i don't think they will take it that way. there is no evidence behind what he said. it is more just kind of being on the ball. and it's not a way out. at a certain point, he is going to have to sign something to re-open the government and it is unlikely to be what he wants. >> look, the government will re-open at some point. >> we also know he'll claim victory for it. >> he already started changing what the definition of a wall was before this shutdown. you will see more of that, i suspe suspect. >> let's go to these tweets for a second now that he's home. there is something predictable about it, which in a way makes them lose their potency. each time he tries something like this, it is less effect i have. >> look, he's still the
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president. when he says something, it has a news value. it is up to all of us to decide what that news value is, and we might not want to see it the same way, but there is some value to it. he has the value of his words, not just with the tweets, which is increditably similar. if you look back, there is a similarity over the type of them over many months. he workshops a lot of these tweets with his aids. there is also his interviews. he does countless interviews. it is hard to tell at this point. it is harder if you are a president and you want your words to matter. you want it to have meaning when you say something. and he is undercutting himself with the frequency and the conflicting nature of his
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statements. >> one final question. i'm just about out of time. moving the goal posts a little by saying, well, even if there were trump associates who talked to wikileaks during the campaign, no law was broken there. >> yeah, i don't know what that was about and i vice president had a chance to catch up to him and see what he was talking about. i don't know if this is about the contacts roger stone had. i just have no idea. >> does raise the question, though sglrchlgt a massi though. a massive man hunt in kra california. the sheriff is not naming the suspect. live in los angeles this morning with more. >> reporter: yeah. certainly the timing of this had a lot to do with why the president touched on this and tweeted about this particular story. let's talk about what happened. there was a police officer here in california.
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he went out on christmas day. he was working on extra long shift. by the next day at 1:00 a.m. he was involved in a shoot-out with an illegal immigrant. now, here's how the story turns. it turns out that he had also come to this country with the same hopes and dreams of other immigrants. he came here through legal means, learned the language and always wanted to be a police officer. his life ended at the hands, according to authorities, of a man who came here in a very different way, decided to come here undocumented, ended up being pulled over. trying to pull him over suspected of drunk driving and indeed ended up in a shoot-out with him at sk in the morning. n he is survived by his wife and a five-month-old child. they said they looked at him as their action hero. you can tell how devastated the
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community is just by listening to his police chief who talked about the man that he was and the officer that he was. >> i did not know christmas morning at 4:00 in the morning when i said good-bye to him and sent him off to his family that it would be the last time that i saw him. please remember the man. please remember the husband. please remember what he was, what he came to this country to do. yes, he was a police officer, but more importantly he was a human being. >> a human being, a husband and a father. we should mention, of course, that this story got the attention of the president. we are in the midst of this battle over the border wall. the president mentioning this. and telling the truth here that there is a man hunt that is underway for the suspect.
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now, we do not have the suspect's name. police have not released that. but we do have a picture of him from surveillance video that police have released. they are looking for this particular person. they say he did tom into the country illegal. that is a picture that the sheriffs' office did put out for us to see. but this has already played in this political battle over the border wall. guys, back to you. >> thanks so much, sara. so check this out. this was caused by a transformer explosion. the spectacular bright blue glow over new york city. a nonsuspicious equipment malfunction at a power plant is what is behind it. it does cause a temporary power out raage at the airport. a lot of people insisting there was an alien invasion. the new york city police
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department and mayor's office sent out tweets tongue and cheek that aliens were not involved. thankfully there were no injuries, no one it was hurt and as i said, power completely restored. >> and we got good pictures of it. >> and i made too many ghostbusters references. >> help is wanted in washington to gear up to investigate the trump administration. a house democrat joins us next. because energy touches so many industries, it supports 10 million u.s. jobs.
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all of washington has basically punted for now on how to end the government shutdown. it will be up to the new congress to pucks it whfix it w take over next week. it entered day seven today. democrats will take control of the house next thursday and house democrats are looking to hire lawyers to investigate the trump administration. that's separate from the shutdown. joining me now is anthony brown
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of maryland. congressman, thanks so much for being with us and early happy new year to you. let me review the product of some of our great reporting. they found a job posting from the house judiciary committee, and it says it wants people with a variety of experience, including in criminal law, immigration law, constitutional law, intellectual property law, commercial and administrative law including antitrust and bankruptcy including oversight work. it looks like they're staffing up. is that a fair assessment. >> that's a fair assessment. as democrats, we have made a commitment to resume that most important function of government. so you're pointing out that staffing up on the judiciary committee. but there is equal staffing up going on on other committees. i'm on the armed services committee, and there is much we need to look into. we need to look into what's happening at the southwest
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border and humanitarian crisis there, the strategy or lack thereof in syria, the role of transgender americans that want to serve our country in uniform. there is a host of issues we will undertake and undertake aggressively in the 116th congress. >> i'm a big fan of the role of congress in government. however, there is a risk. or is there a risk in your mind of too much oversight and too many investigations as opposed to legislation? >> well, it's been said before that you can chew gum and walk at the same time, and that's going to be the task of this next congress. so we will engage in oversight. i think it will be important to lay out to the american people what our strategy is and the pace at which we are going to pursue oversight. but there are many policy issues, important legislation that has to be addressed. hr-1, government reform, that will be the first order of business, looking at voting
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rights and protecting the right to vote. we also have a transportation and infrastructure package that is paid for that we'll be introducing to create more jobs and address the infrastructure needs in our country. let us not forget the number one issue that most americans wake up to every day, the escalating cost of health care. we have a plan to reduce the cost. so we'll do the oversight and the policy work together. >> it's funny. it is interesting. you brought up hr-1 which is what democrats would like to be focussed on when they take over. but you will also have to be focussed on funding the government because lawmakers this week have basically said we're done. we're done for now. it is your problem next week nancy pelosi when house democrats take over. at this point democrats are offering a few options but more or less it's $1.3 billion for border security, not the $5
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billion for the border wall the president wants. but if that number comes down, if it does come down to $2 billion, is that worth keeping the government shutdown in your mind? >> well, in my mind frankly we shouldn't be debating border security in the context of continuing resolution. we're holding federal government workers hostage, federal contractors hostage and the services that americans expect from their federal government. the default setting should always be that government, the federal government stays open. so if we are going to negotiate for security, the president wants to talk about a wall, we talk about technology and surveillance on the border with some fencing, whatever you want to call it, we should be talking about border security in the context of pathways to citizenship for dreamers and daca and those on temporary status. we need to address the border. we need to be looking at broader
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issues like the reunification, the lottery program, how we use our immigration system to strengthen our local economy. that's the context in which the border wall, if that's what the president is focussed on. for us it is border security. that's the context in which we should be debating that, not in the context of whether he keep the federal government open or closed. >> you have tried. you tried last february to talk about it more comprehensive deals in the past. it hasn't worked out. it will fall upon you probably next week to figure out a way to keep the government funded until february. let me ask you a different question on a different subject because you are a decorated military veteran. the president went to iraq and spoke before troops. in his speech to troops he did talk about the government shutdown and did criticize democrats in that speech to u.s. troops overseas. what was your reaction to that. >> it was entirely inappropriate for the president to visit our troops and talk about a highly
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controversial issue and blaming democrats for a shutdown. when i was in iraq, i had congressional delegations come to visit me. as a member of congress, i visited troops in afghanistan and other combat zones. there are a few things you talk about. one, you start by thanking them and their families for their sacrifice and their service. the other thing you do is express an interest in them. how are you doing? where are you from? what do you need to do your mission and to do it well here in iraq. the other thing that the president ought to be doing if he wants to talk policy, lay out for troops, hey, this is my strategic vision for your role in iraq. this is what i see as the end state. this is the importance of your role. that's what the president should focus on, not on speaking to policy issues, specifically controversial policy issues that don't affect the military because they are fully funded through the end of this fiscal
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year. >> happy new year to you and your family. >> happy new year to you, too, john. >> bernie sanders almost knocked off hillary clinton in 2016. does that give him a leg up in 2020? we'll take a look at the new political reality next. (burke) parking splat. and we covered it. talk to farmers. we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ in baltimore, a community sees new life rise from ruin. in southern california, a small family business becomes a beacon of hope. in seattle, people with disabilities create success
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senator bernie sanders really did shock the political world in 2016 when he waged a very close primary challenge to hillary clinton. but as he mulls another bid for 2020, will his past success work against him in an interesting piece in "the new york times" explores the tough political landscape for bernie sanders. joining me is one of the writers of that piece, jonathan martin. icon f confess, i found this to the most interesting story i read in the last 24 hours. that's why we woke you up to talk about it. >> it's honored. >> it includes something that we don't always see in political stories, which is on the record quotes. people willing to go on the record to raise some of these issues, which is what should really concern bernie sanders,
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because if you are willing to be named, it shows how bold you are. so let me just show what the issue is here. this is a poll from iowa democrats. you can see that bernie sanders is running in second place to joe biden around 19%. but that 19%, even though he's in second place, you know there is a big difference between 19% today and where he finished in iowa a couple of years ago. >> yeah. and part of that's understandable, john, because the field is obviously much bigger now than it was two years ago when he ran against hillary clinton there. but you would think that with 100% name id among iowa caucus goers that he'd be better than in the teens. there is other polls that have him even lower than 19% in iowa. i think that's the challenge, is that he can't even get the half on his previous vote share there with everybody in the state knowing who he is. and that will show you that there is some erosion in that
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first state from what he had last time, which tells you the larger issue here at hand, which is he was seen at the alternative to hillary clinton in 2016 and for a lot of voters, that was the appeal, this was somebody in their eyes an unvarnished version of the establishment favorite. it is a different scenario this time. it is an uncertain, vast sort of feel that is obviously still coming together. it is not the kind of either/or choice that the dems faced in 2016. >> there is an erosion of support and there is also a very real erosion of his actual staffers or people who worked inside the campaign. simone sanders who works with us here who was his national press secretary is quoted in the piece saying she's still waiting to see who she will work for. other people said they're not sure yet. >> yeah. it's striking. it is a combination of some of
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his supporters from the early stages, some of the folks who endorsed him who were in congress and also, yes, staffers and consultants, too, who were on his campaign in '16 and now open to working for other candidates in 2020. john, as you know, this is sort of the opposite of what happens when previous runners up run for president again, whether it is john mccain in 2008 or hillary clinton in 2016. typically, they retained the vast majority of their previous support and immediately build on it right from the start. and instead, what's happening is senator sanders is struggling to retain what he even had in the first place in 2016, rather than adding to that support. >> there is one word in some ways that explains this possible erosion. and it would be beto. >> that's a big part of it, is that sort of curiosity about the
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el paso congressman who is seen by the democratic party as the new, bright hope. look, i think beto is an immensely talented political figure, but he also represents something himself, john, which is a new beginning for the party. right? it is not just about him. yes, he's part of the appeal. there is no question about it from the campaign he ran. but it is also him symbolizing turning the page, find somebody new, somebody younger perhaps. i think that's what's driving some of his support early on. >> unless we think this is all negative for bernie sanders, people will notice something in the story that you wrote, which is that bernie sanders might be a victim of some of his own success, that he may have won the war of ideas. although, that could be a problem. >> yeah. well, there is no question that there is two huge up sides. first of all is the war he already won.
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there is no denying this. the party has moved clearly to the left. it is much more of a bernie sanders flavored party, than it is a clinton dlc party. there is no question about that. he could declare victory tomorrow in terms of the war of ideas. the other idea, what his advisers make a strong case is that, look, yes, bernie may not be as strong as he was in 2016, but because the race is going to be different this time around, you don't need 50.1% to win the democratic nomination in 2020. this field will be so fractured and this race will be so up in the air that you can win with the plurality. because bernie does have bedrock support, he should give it a go because you put together a coalition when you are running in a 17 person field and you have got a 50 state organization, rather, and you can sort of get a political
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floor of support that nobody else in the field can really achieve that, you know, that does give him an opening going in to '20. i'm not sure that that's realistic given the history of this campaign as the candidates do drop out and there is koe ale involved. >> it is on and beginning. we will see much more of it in the beginning weeks. thanks so much for waking up and joining us. >> happy new year. thank you. >> you too. robert mueller will issue his highly anticipated russia report in the new year. in the last few weeks we learned a lot about what mueller knows from some of the president's closest allies. so what are some of the biggest questions that remain unanswered at this point? joining us now with his list, cnn legal analyst, a former federal prosecutor and assistant attorney general from the new jersey division of criminal justice. you put together this list for us of the five things we all
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would still like to have answered. number one would be who could be indicted first? >> i would start with roger stone and jerome corsi. both have said they expect to be indicted. i think they might be right. both were conduits between wickdy leawick -- wikileaks and the trump campaign. i also think donald trump jr. needs to be worried. when michael cohen pled guilty a couple weeks ago to making the hush money payments, the papers referenced executive one and executive two within the trump organization. either of those are donald trump jr. he could be in trouble. he has potential exposure for lying to congress about the moscow congress, which is another thing that michael cohen pled guilty to. so we could see indictments there. >> we would learn the fate of paul manafort and michael flynn. >> he hit for the cycle of
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screw-ups. he got thrown into jail for violating bail. he got convicted at jail. he got convicted of more stuff, he tried to cooperate but he got caught lying. he will be sentenced this year. i think it's likely his sentence will keep him behind bars for the rest of his life. we'll see a whole -- >> that will be a whole separate set of fireworks. >> yeah, exactly. michael flynn assumed he was going to work into court and walk out with the probationary sentence, but things went really bad in that sentencing. the judge rejected his theory that he was set up by the fbi and wondered aloud if he was committing treason. he better impress mueller with his cooperation between now and then. >> there is a lot that has come out from this investigation and it's splintered. there are a lot of different active roads we're going down here, but one of the big questions is will robert mueller close the loop in terms of
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russia. >> that is the biggest political question. that's the one thing that has the potential to shake loose republican support from the president. look, so far we know two possible avenues. these came into focus in the last month or so. number one is the wikileaks connection, which we'll see through stone. how far does it go? we know stone communicated with steve bannon, but does it go wider or deeper within the administration in the campaign and the other piece is the financial part. we got a taste of this about a month ago when cohen pled guilty. we learned that donald trump is trying to build hundreds of millions of dollars worth of new tower in moscow and that people lied about that, and trump had this project going well into the campaign, into june of '16. so that builds out, you could see a real connection here. >> the other thing, too, which is sort of related here, you know, our reporting through cnn's pam brown is that mueller is still very interested in interviewing the president.
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here's what he just told us. >> i'm not answering anymore questions from these people. their outrageous activity, i'm -- you know, we did enough. we did everything. >> his other comments to the daily beast contradict that. that's all fascinating, especially as we work toward what would seem to be a report coming next year. >> this is rudy bluster. i credit his quote three quotes ago when he said i'll only bring the president to talk to mueller over my dead body. that's the right approach. and i think rudy is trying to put on a brave face. he's trying to find. but he knows ultimately he's got nowhere to go. the question will be does mueller issue a subpoena and can get that subpoena approved by matthew whitaker now or william barr later. if he does, we will have a fight in the courts about executive
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privilege. >> there could also be a fight or there is certainly a lot of questions at this point as to whether anyone will see mueller's report. >> another big question. i do think we will see it or see most of it. the way it works on paper, under the regulars is fairly straightforward. mueller has to issue his report to the ag, and the ag can decide how much and whether to send it over to congress. complication number one is who is going to be the ag, whitaker or barr? we know whitaker just rejected the ethics advice that he recuse himself. what will they do with it? the big factor here is we now have the democrats in charge of the house. adam schiff has made clear i will fight for that report. i'm not going to let it get swept away. >> and that really segues beautifully into your fifth unanswered question, which is what will the impact be of this democratic controlled house. >> yeah. that's a game changer. that's a another other front
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that trump has to deal with. the house has different powers than robert mueller. mueller can bring criminal charges, arrests, indictments. but a lot of what he does is in secret. he's bound by the rules of criminal procedure, by the grand jury. the house has the ability to call public hearings on very short notice with very broad range. we have seen adam schiff and representative adler and cummings come out with their hit list. i think they will invoke executive privilege, which is a buzz word we should watch for in 2019. >> we'll be watching for it and talking through it with you through the new year. volatility is the new normal on wall street. so just how will we close out the wild week? christine romans is here next.
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it is time for cnn business now. wall street has had quite the week, from historic losses to a record single day gain. what's going to happen today. christine romans joins us now with that. >> i mean, it looks like it will stabilize again this morning, but it is anybody's guess. i would never bet $10 on what's going to happen in the market today because the last ten days
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has honestly been a whiplash roller coaster. it's been all those cliches. futures right now, the dow up, you know, about 100 and some points. that's not really very much. but that would be stabilizing from yesterday. the close yesterday was just unbelievable. well, that doesn't look like much. but look at all that red before that little bit of green on the right of that chart there. that was -- at one point the dow was down 611 points. >> way down. >> that big reversal is, i think, the biggest sort of reversal i have seen in about a decade. that was a big, big move. so where are we for december? because we need to have a little bit of context here, the worst december since the great depression. where are we for the year? not good either. you have got the dow, s&p, nasdaq all with significant losses. if you put it within the past ten years, this would be the
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worst year for stock market investors in ten years. we were all complaining about 2015 and 2011 when you only had a little bit. look at the look on your face. >> stop looking at your 401(k). >> i honestly was just looking. that stinks. >> we had stocks up for almost ten years. >> we had very low interest rates, and we had the federal reserve, you know, adding to its amry of things to keep the economy liquid. now that is all being reversed and we are heading into a new terrain, trade war, political uncertainty, higher interest rates, welcome to 2019. >> buckle up. don't look at your phone, john. >> i'm down. down big! >> so am i. >> going to have to keep on working. >> well, there's that. america's oldest world war the veteran and the oldest man in the united states, we're learning has died. he passed away on thursday at the age of 112 after battling pneumonia. he volunteered for the army in
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1942. he served on various islands in the pacific. he was honored by former president barack obama back in 2013 at a veteran's day ceremony. >> we salute you and thank you for your service. new details emerging in the kevin spacey sexual assault case. that's next. 're drowning in information. where in all of this is the stuff that matters? the stakes are so high, your finances, your future. how do you solve this? you partner with a firm that combines trusted, personal advice with the cutting edge tools and insights to help you not only see your potential, but live it too. morgan stanley. and then, more jobs robegan to appear..
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a potential bombshell in the sex assault case against kevin spacey. and a warning to our viewers at home. some of the details are graphic. he allegedly progroped on 18-year-old. this after spacey bought the young man several drinks. prosecutors now have a very brief, it's one second of video, a snap chap video that the accuser shot and sent to his girlfriend. joining us now, good to have you with us. there is a lot of knfocus on th video. there is a video of the assault. we are talking about one second of video. how much, mark, could we get out of that video? >> depending. you know, i'm always leery about
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videos in the courtroom, especially a criminal courtroom. i have seen so many cases that started off kind of bombshell like when they talk about a video and then ended up in acquittal that i'm always leery about it. you will see what the content is. you also tend to wonder. >> we're also learning more details here in that in how things played out. particularly the number of drinks consumed in a 70-minute period. four to five whiskies and five beers. the accuser told kevin spacey he was 23. all of that we know will come out. >> yes. we already know the defense attorneys using that information to try to form the defense for kevin spacey.
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they questioned whether this victim was black-out drunk. they pointed to the fact he lied to kevin spacey about his age as way of questioning his credibility. i think what's so interesting about this case is in the era of me too where we have seen so many high profile men lose their jobs, we have seen very few prosecutions of men accused of sexual assault, whether against another male in this case or against women. harvey weinstein, we know, 60 plus women actually accused him of some form of sexual assault. there is only one prosecution to date that's moving forward. we know in los angeles, the district attorney has refused to move forward with multiple cases that were brought to the district attorney's attention. so i think these cases, to mark's point, it is still very, very difficult for defendants to be prosecuted and held accountable in these kinds of sexual assault cases. >> and you bring up a great
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point because there are a number of accusers involved with kevin spacey. but this is the first time something is moving forward legally. so there will be a real key focus on it. >> well, that's absolutely true. and part of the problem is the statute of limitations in these cases because people are talking about incidents that happened years ago. that's what makes this one different is that relatively speaking, given the complete landscape of some of these allegations, these are fairly recent. they don't go back decades. that's generally what a prosecutor wants to see. bill cosby's was stretching the envelope or pushing the envelope in terms of how old the case was. i think but for in that case where you have a transcript of his testimony, that never would have been brought. here you have got the snapchat video, which i think is some
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ammunition of the prosecution gives them wind at their back in order to proceed on this. but i don't think this is a slam dunk for the prosecution. >> i just want to play a little bit of what the defense attorney had to say. take a listen. >> instead of walking away or moving away or moving back or grabbing the wrist or slapping the hand, he indicated to you during that three-minute time period that he was texting and snapchating. >> that's correct. >> so trying to set it up there that this accuser did not walk away, did not say stop, which, you know, a lot of people watch that and say, well, this is a classic lie. it is also an increasingly timed lie. >> we have seen this moved multiple times by the defendants raising questions about the victim. if this was just a traumatic
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event, why didn't you take aggressive actions? why didn't you say no? we now know the trauma associated with being sexually assaulted. what we have heard from this victim's mother was this was a star struck 18-year-old who wanted to get a picture with someone he deemed to be a very big superstar. what's going through the mind of an 18-year-old being assaulted by someone that he revered? i think the psychologists would tell us his actions were quite reasonable, that you wouldn't expect someone in his possession, necessarily, to take any action or to take steps different than what he took. but clearly the defense is going to use this so suggest that either, you know, there was some form of consent or, two, that maybe this whole thing was made up, that this young man was to drunk, so e neeb brinebriated t doesn't know what was going on. >> this video that kevin spacey
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posed of himself has so many people scratching their heads. could that come up? could that come into play at all? >> you know, i have thought about that because at first when you look at it you wonder are they looking for some kind of a mental defense because it really is kind of breaking the mold as to what you would want your client to post given the timing of it. i suppose it allows us commentators to talk about it and shift the focus from the other video. but it is a rather bizarre and i guess some would call it a bold move. i would have any misgivings if this were my client. >> always good to hear from both of you. thank you. all right. aliens are not invading. the government is not shutting down. or the government shutdown is not ending. and the president is up and commenting. brace yourselves for the very latest next. what a year.
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very good friday morning to you three days after christmas. three days to the new year. i'm jim sciutto. poppy has the day off. we are fast approaching the one week mark of the government funding stand off showing no signs now of ending. 800,000 federal workers are spending the holidays either furloughed or working without pay. and though the paychecks they're getting today do not yet reflect that, the next pay cycle will. president trump threatening to close the southern border entirely if democrats do not fund his wall. it appears that neither democrats nor republicans are eager to do so to his satisfaction. in a few minutes, the house was in session yesterday. a democrat did try to move a bipartisan bill to end the partial shutdown, previously supported by republicans as well. but republicans did not all

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