Skip to main content

tv   New Day With Alisyn Camerota and John Berman  CNN  March 22, 2019 3:00am-4:00am PDT

3:00 am
of executive privilege. >> we have a responsibility to oversee and hold this administration accountable and we're going to do it. >> this is "new day" with alisyn camerota and john berman. >> alisyn camerota is off. erica hill joins me. can you feel it? many think it is really, really big and many think it will problem happen today, probably. on speed dial and anxiety set on ready to serve. there is every expectation that robert mueller will turn over the report on his russia investigation as soon as today. now, we say, "as soon as today." depending who you talk to, which cab driver, political person or someone who worked a guy who worked near a justice department lawyer, it will be today.
3:01 am
we will see, but we have already seen several things by this morning that give us major hints. first, there is lunchgate. we saw robert mueller show up to work yesterday, but our stakeout team said mueller did not leave for lunch yesterday. he usually does. >> hmm. >> also visitgate. saying special counsel prosecutors have been bringing family in to the office to visit. staff has been seen contrarying out boxes and there is the crystal clear signal that a number of lawyers assigned to the special counsel's team, that number dropped significantly and one on the way out. andrew weisman seen wearing a tan suit. >> what? >> a tan suit. a major departure from the usual dress code of dark suits and white shirts. a number of key players seen in public. deputy attorney general's barr and a reminder this is a huge
3:02 am
moment. the end of his investigation but it's just the beginning of what will be a colossal fight over what congress and the public gets to see. remember the stakes here. all to discover whether and cwht extent people worked with the president and whether they worked to obstruct that investigation. we'll discuss all of that this morning. >> and breaking news out of afghanistan. two u.s. service members have been killed. the identities of the fallen troops not yet released but those deaths putting america's strongest war squarely in focus this morning. more on that breaking news ahead. we begin live in washington on the mueller news and the anticipation there. good morning. >> reporter: good morning, erica. right. over at the white house just like us reading these tea leaves, one campaign aide is saying there is growing sense of optimism this will clear the deck, kind of get this whole investigation depind thbehind t.
3:03 am
a second source. s white house is feeling confident this report will not charge the president with committing any crimes. we know when the report is finished there is a protocol to follow based on regulations. the attorney general will have the report. a.g. bill barr notify the house and senate judiciary committees telling them they have the report and they're okay obligat tell whether the president is spped subpoenaed or bring charges against anyone. making his version of this report public to congress, because he wanted to give the most transparency as possible under the law. the white house is able to look at this version to make claims 67 executive privilege. this is where the real battle
3:04 am
can begin because if the would us wants to redact too many things because they say it would violate executive privilege, then we're going to have potentially a looming fight with congress as they fight to get access to this and make it public. so, john, it feels like we're a little in the fourth inning of this instead of the end of the road. >> the fourth inning, but it is a major inning in this case, given we've been waiting nearly two years for robert mueller to wrap up his work and that could happen as soon as today. thank you very much for that report. joining us now, former federal prosecutor and cnn legal analyst and i have a piece of memorabilia here. this is my first edition original copy of the "ststarr report. this is not what we're getting today under any circumstances. >> i think you're right, john. so i think that, first of all, if we learn something today it's going to be that mueller has sent the report over to barr. that's where the real
3:05 am
decision-making will happen. now, one of the big questions is, how much depth and detail is mueller going to put in his report? now, the regulations he's operating under only require him to list any prosecution or declination decisions. that's open to broad interpretation. he could be as brief as just saying, i've decided to prosecute paul manafort and rick gates, et cetera. >> have a nice day. >> and nobody else. thank you very much. or issue something closer to that starr report. now, we don't know if you look at his prior indictments, he's gone into quite a bit of narrative detail. i think we'll find something between the one sentence, have a nice day, and that report. >> two things. if he does turn it over to bill barr doesn't mean we'll ever see it again. bill barr goes through it, decides what he turns over to congress. the white house may try to exert executive privilege. could be a very slimmed down version we see. and the second thing, i want to go into some depth here, the notion rod rosenstein provided a
3:06 am
road map of what we're not going to get here? jonathan karl of abc pointed this out. a letter written to grassley, senator chair, don't expect information on people not charged. punishing wrongdoers is one part of the department's mission. we also have a duty to prevent the disclosure of information that would unfairly tarnish people not charged with crimes. not going to indict people, rod rosenstein seems to be saying, not going to tell you if we found sketchy things they did thamplg. >> that is the top line doj policy. observed but not always. i don't think it can or will hold here. here's why. doj set a precedent in very high public interest investigations even when people are not indicted releasing significant details. obviously, hillary clinton, never indicted but a detailed account was given when found.
3:07 am
and the ferguson police department. issue aed a long, narrative report without indicting anybody. the key there is how high the level of public interest is. here i think the public interest and importance is as high or higher. other thing to keep in mind, we actually do name other unindict people all the time. people always do this. list the people charged and other people for whatever reason you haven't charged you anonymize the name, call them co-conspiracy one, et cetera. obvious who it is especially if it's the president. the policy sounds good on one level but isn't really observed. finally, we have to avoid a catch 22. doj's policy is we don't indict the president and our policy also is we don't say anything bad about anyone who's not indicted. what, if anything can ever be said? >> that's the glitch in the system. we don't know how mueller or barr will handle that situation and waiting to see.
3:08 am
stick around. a lot more discuss. how impressed are you of my first edition? >> signed? he was here. >> have to wait for that. erica? breaking news overnight. two u.s. service members killed in afghanistan during an operation. right to cnn's ryan brown live at the pentagon with more of these breaking details. >> reporter: erica, details are scarce what exactly happened that led to the death of these two u.s. service members. this is the third and fourth u.s. military death in afghanistan in 2019. really underscores despite talks between the u.s. government and the taliban, talks that the trump administration has said has made progress, that fighting very much continues in afghanistan. they just celebrated its new year. a time when insurgents and terrorist groups attempt to mount attacks. again, the u.s. trump administration has considered drawing down the 14,000 u.s. troops currently in afghanistan. has considered drawing them down as these talks proceed.
3:09 am
we don't know much about the two deaths that just occurred. u.s. officials in afghanistan telling me the incident is under investigation, but it raises questions where the u.s. goes from here. the trump administration is hoping these talks are successful. while they have progressed they've opened up an entire new rift between the u.s. and the afghan government. the afghan government accused the u.s. of keeping it out of the negotiating process saying that they feel they're being cut out of it and are afraid that the u.s. and the taliban may strike some kind of deal but, again, a lot of questions remain about this incident and what the u.s. strategy for afghanistan will be moving forward. >> thank you. the white house is rejecting requests from house democrats for documents related to president trump's communications with russian leader vladimir putin. this comes as the head of the house oversight committee says there is new information showing that top white house officials used personal accounts in whatsapp. talking about ivanka trump and jared kushner especially, to
3:10 am
conduct government business. our joe johns live at the white house with the very latest here. i'm old enough to remember, joe, when there were people who got in trouble for using personal accounts for government business. >> reporter: yeah. that would be hillary clinton. right. look, there's a question about transparency in government and you know, the president has paid lip service to the idea of transparency and openness, at least as far as the mueller report goes, but the chairman of the house oversight committee says exactly the opposite is true, which raises the question if this administration seems to be covering the wagons, do they have something to hide? house democrats accusing president trump of stonewalling after the white house rejected their efforts to obtain information about mr. trump's private conversations with russian president vladimir putin. white house counsel insisting the president must be free to engage in discussions with foreign leaders without fear that those communications will be disclosed and used as fodder
3:11 am
for partisan political purposes. the democratic chairman of three house committees firing back writing that the denial continues a troubling pattern by the trump administration of rejecting legitimate and necessary congressional oversight with no regard for precedent or the constitution. >> this is not normal, and to begin an effort to understand what were those conversations about, what documents exist that might record what they were about is perfectly reasonable. >> reporter: a former state department official told cnn in january that after a 2017 meeting with putin in germany, president trump took his interpreter's notes and told him not to share anything about the discussion. the "new york times" reports that all of the five meetings between president trump and putin have been handled in an unusually secretive way leaving many in the administration guessing what happened. >> there was no collusion. i didn't know the president. there was nobody to collude
3:12 am
with. >> reporter: house oversight chairman cummings, several have use the personal e-mail and messaging accounts for official government business. in 2016 president trump repeatedly attacked hillary clinton for using private e-mail. >> she should never have been allowed to run for the presidency based on what she did with e-mails. >> reporter: among those under fire president trump's son-in-law and senior white house adviser jared kushner accused of communicating with foreign leaders using the messaging application whatsapp. in october cnn reported that kushner used the app to message saudi arabia's controversial crown prince. now, there's a little bit of a back and forth here. chairman cummingsing saying kushner lawyer told him kushner used whatsapp in december to transmit information.
3:13 am
the lawyer says cukushner is in compliance with all laws and rules. >> and for bloomberg news and cnn political analyst is with us. as we look at this, part of what the pushback was, saying that, yes, he's in compliance because in some cases from what we understand he would screen shot those message exchanges and then forward the screen shot of that messaging to his white house e-mail account, which seems like a somewhat unnecessary extra step on one hand and also is questionable, perhaps, in terms of recordkeeping. >> sure. erica, there's a trust me aspect to that, but also when you're using something that's encrypted but not the government's version of encrypted it raises concerns from the intelligence community and kind of from u.s. officials, trying to understand what was happening. so i think what we have here is a combination of the obvious politics for democrats, which is that during the campaign season
3:14 am
trump would not let this go when it came to hillary clinton but now it's happening within the top advisers on his own team, but there are also the security concerns. when it came to jared kushner's communications or likely, possible communications with the saudi prince, nbs and leaders around the world, he's been deeply involved in the mideast peace discussions apparently rolled out after the israeli elections in a couple of weeks, in trade discussions throughout the world and so you have a combination of security concerns, diplomatic concerns, public records concerns, and someone who is at a very high level of government at a pretty young age without a lot of government experience, probably our intelligence agencies want to make sure that that person's not getting played. >> also you bring up the political aspect of this, impossible to ignore, of course, in 2019. does the fact, though, that this was a concern under trey gowdy,
3:15 am
does that eliminate what many folks will likely put on it? >> it's legitimate fodder in 2016 it's legitimate for discussion now, but problems like this are not going to go away. probably not limited to president trump's administration. in the old days you would pick up the phone if you wanted to avoid having a paper record and then the really old days before e-mail records go meet somebody off campus, but what the government is doing in diplomacy missions and congress' ability to have some check or balance of power on what the executive branch is going has always been an issue. politics will see how that plays out. you won't see a resolution soon about state of play in the middle east, u.s. role with russia and major diplomatic
3:16 am
policy now. >> the two more years of back and forth in our future. of that we can be sure. thanks. john? new this morning, the doomed lion air and ethiopian airlines jet that crashed two months apart -- the "times" reports boeing is making standard as part of a fix to get the 737 max planes back in the air. jessica schneider is live in washington with much more. what have you learned? >> reporter: it's standard for airline manufacturers to offer multiple add-ones for extra cost but the "new york times" now says that both of those doomed jets opted out of two available and possibly key safety features, because their airlines chose not to buy them and really regulators didn't require them. here's how those safety features may have proved pivotal. the new software on these 737 max jets, they can automatically push down the nose of the plane to prevent stalling.
3:17 am
when it detects the plane is pointing up at a dangerous angle. boeing's safety features in part could have helped the pilots detect erroneous readings. that's what may have caused that lion air crash back in october. what investigators are looking into. so according to the "new york times," boeing will actually soon make one of the optional upgrades that could have alerted pilots to those faulty sensors standard on all new 737 max planes. but cnn, we have not been able to independently confirm this reporting and boeing itself is not commenting. this all comes, this report, as boeing is now working to roll out a software fix and federal investigators have, of course, opened a criminal probe into boeing, and sources have told us that subpoenas have been issued and boeing certification process could be in question here. so erica, federal prosecutors s
3:18 am
this entire 737 max. >> thank you with the latest. and new zealand coming together for a national day of reflection one week after the massacres at two mosques. the muslim call to prayer broadcast live on national television and followed by two minutes of silence to remember the 50 lives lost in the terrorist attack. [ silence ] that scene where you can hear nothing but the wind was at hagli park, a short walk from the al noor mosque, the first mosque attacked. thousands attending a memorial service before friday prayers. many non-muslims there as well standing around perimeter in solidarity. many women in attendance including the prime minister wearing head scarves as a mark of respect. the prime minister also paid her respects quoting the prophet muhammad. >> the believers in mutual
3:19 am
kindness, compassion and sympathy are just like one body. when any part of the body suffers, the whole body feels pain. new zealand mourns with you. we are one. >> we are one. that is the message the prime minister has been giving since the very beginning here. the day after saying, they are us. of the victims of this massacre. not letting this killer divide that nation. it's such an important message, amend you were seeing the response, i think, on the ground there. >> the way that she has not only come out from the beginning agency you said, but this is us, how she has said we will not say this person's name. we will not allow this person to overshadow the memory of these 50 people that were taken. it's been something to watch for sure. >> a good message. up next, top story we're
3:20 am
watchi watching, oh, so very closely today. the mueller investigation. the report could be delivered today to the justice department. what can we expect? what is the chain of events that takes place maybe beginning in a few hours? we'll discuss next. this year? oking to lost try fda-approved alli®. for every 5 lbs you lose, alli® can help you lose two to three more by preventing about 25% of the fat you eat from being absorbed. for the only fda-approved otc weight loss aid, try alli®. - [woman] with shark's duo clean, i don't just clean, ♪ i deep clean carpets and floors, so i got this. yep, this too, and this, please. even long hair and pet hair are no problem, but the one thing i won't have to clean is this because the shark's self-cleaning brush roll removes the hair wrap while i clean. ♪ - [announcer] shark, the vacuum that deep cleans now cleans itself.
3:21 am
welcome to fowler, indiana. one of the windiest places in america. and home to three bp wind farms. in the off-chance the wind ever stops blowing here... the lights can keep on shining. thanks to our natural gas. a smart partner to renewable energy. it's always ready when needed. or... not. at bp, we see possibilities everywhere. to help the world keep advancing. in't easy. 12 hours? 20 dogs? where's your belly rubs? after a day of chasing dogs you shouldn't have to chase down payments. (vo) send invoices and accept payments to get paid twice as fast. (danny) it's time to get yours! (vo) quickbooks. backing you.
3:22 am
3:23 am
welcome back. we have live pictures to show you from washington, d.c. put them up. that is outside the special counsel's office in washington.
3:24 am
you can see the cameras beginning to gather. why? because there is a great deal of expectation that today could be the day that robert mueller ends his investigation and turns over his report to the attorney general of the united states. now, as we wait for that, we have heard from president trump on this report. he conducted a new interview where he's saying things, and i'd have to tell you, they are thinking not borne out by facts about this investigation. listen. >> think of it. i have a deputy, appoints a man to write a report on me to make a determination on my presidency? people will not stand for it. now, with all of that being said for two years we've gone through this nonsense, because there's no collusion with russia. you know that better than anybody and there's no obstruction. they'll say, wait, no collusion. a hoax, but he obstructed in fighting against the hoax. >> all right. robert mueller was not athe pointed to make a determination
3:25 am
about the presidency. robert mueller was appointed to investigate whether or not there was some kind of collusion or connection between people surrounding president trump and the russians and from that investigation robert mueller no doubt also looked into whether the president or those around him were trying to obstruct that investigation. there's a lot we already know. from plain view, from things we have seen and from things that robert mueller has already written but today is a huge day potentially. back with us elly honing and white house reporter for the juan pablo montoya and legal analyst represented former trump assistant campaign head rick gates. and before we get into the legal goings-on i just want a sense of what's happening behind the scenes in trump world? i use that phrase "trump world" at this point it means the white house and the campaign. how are they preparing for this moment? >> yeah. the trump campaign, the rnc, the white house, they are all sort
3:26 am
of coordinating and looking how they're going to push back on this report. i've heard from sources within the trump campaign they have a war room set up of people looking to push back with rapid response against this report no matter what's in it. whether or not it's politically damaging, whether or not it's legally damaging. try to put out information to extinguish, sort of, any fires that come up out of this report. any idea the president may be guilty or might have done anything, they're going to try to distance the president himself from anything in this even though we already know that the president's campaign manager, national security adviser, deputy campaign adviser foreign policy adviser many pled guilty already and convicted of crimes many related to russia, but they'll try to distance the president. the president had nothing to do with this. this report clears him, as long as the president is indicted, which most don't expect from this report. distance the president from this saying he had nothing to do with this and this is part of the
3:27 am
broader message of presidential harassment they're launch against the mueller team and also democrats in congress. a big war room and a big effort underer way and already sort of gaining traction in advance of this report and once this report comes out we'll see that machinery start to mobilize against the mueller team and mueller report, no matter what is in the report and what it says, the would us team and its supporters will say it clears him. >> absolutely. >> the president already said it did. apparently he knows, which he's been saying for months's right? the president has said for months, no collusion, no collusion, putting that out there purposely and saying it again this morning. >> and again, no matter what the report says, we won't see what the report says for a while, but no matter what it says, even if it says guilty, which is doesn't say that, in 48 point's font the president says it clears him. >> we can bet on that this
3:28 am
morning. the other thing that stood out from the sound from the president we heard, talking about -- looking at my notes i scribble and trying to read my own handwriting. looking into they're saying obstruction and whether in me fighting back there was any obstruction, which is an interesting turn of phrase to put it mildly, and there there was obstruction it should be investigated. >> i offer exhibit a in evidence. john's copy of the starr report. page 165 the report states, back in 1998 from ken starr, there is substantial and credible information that president clinton endeserverd to obstruct justs by engaging in a pattern of activity to reveal evidence regarding lewinsky. good enough for here we have a precedent. the difference i would say back in this case in '98 that involved an effort to obstruct a civil case. here, the allegation i think would be that the president and people around him potentially were involved in an effort to
3:29 am
obstruct a criminal case, which is even more serious. >> so what today may be, if robert mueller finishes the investigation and hands his report over to bill barr i want to talk about what it is. we need to understand what it's not before we talk about what it is. what it's not is a release to the public of all mueller's findings. we are not likely to find out today everything that mueller know, but in turning over the report to bill barr is a significant moment for a bunch of reasons. one might be, to my mind at least, that a new person in the trump administration and a new person that may have loilyaltie to the president that they might know as soon as today or this evening what robert mueller has found out? >> i think so. i think that their first line of defense actually, their goal, to suppress as much as possible but the first line of defense will be barr, of course. he's got the regulation authority behind him to essentially filter the report and they'll talk to him first.
3:30 am
that's the first person they're going to go to. the doj will be digesting it, probably be able to see it as well and that's going to be the first line of defense to communicate with him to figure out what parts of this do we not like. do we want to exert executive privilege over. >> also we've talked about this letter to chuck grassley that you brought up that was -- resurfaced in the last several hours. i know one of the things that stood out to you, shan, sort of the length that this letter went to by rod rosenstein to emphasize the doj's historical resistance as you put it to certain congressional requests's that is setting up an interesting little fight i would say in and of itself. >> yeah. certainly is. really kind of drawing a line in the sand. i mean, as someone who's worked at doj in leadership offices that's certainly true. i don't think either congress or rosenstein needed to be reminded of any of those tensions. but he's saying, look, the special prosecutor under our regulations is a doj prosecutor
3:31 am
like anybody else and historic willy we don't like congress looking into our business and also takes a little dig at congress saying that the congressional investigations tend to be adversarial. no rules of evidence, all suggesting you guys are kind of like all over the place when you try to interfere with our business. a message loud and clear that we will not want to disclose a lot of information to you. >> the other big story overshadowed to the expect of the mueller investigation, is this reporting and information coming from the house oversight committee new questions about personal e-mail and whatsapp, which is a messaging service that isn't a government messaging service used by jared kushner and ivanka trump to communicate maybe to official communications here and i'm not so sure we've received and official, no, it didn't happen, from the white house. we have jared kushner's personal lawyer saying some is above my
3:32 am
pay grade. you have to ask about it. but there seem to be legitimate questions here. >> and you have to remember -- >> go ahead, and then shan. >> -- public reporting that president trump intervened to make sure jared kushner was able to get a security clearance even though officials and experts thought that was something that might be problematic and the president had to intervene. the idea he was not only given a security clearance by the president and then went on furtherer to have private communications with world leaders not using government equipment, not using the government system potentially violating some of the records acts is something that would open up jared kushner and even ivanka trump to the type of oversight they have not seen over the last two years with a republican congress now that the democrats are in charge they could be called up to explain what they were doing on these private servers. >> shan, quickly. i was quite struck by abbe lowell's report it's above his pay grade.
3:33 am
not a typical reaction of somebody defending a client. might have been a little blindsided by that. >> usually you hear, no, not ever, no chance. above my pay grade isn't any of those things particularly not a lawyer with the capability of abbe lowell. thank you all very much. changing 50 years of u.s. policy in one tweet. what president trump's message about the golan heights means for hopes of middle east peace and the upcoming israeli election. that's next. openturning 50 opens theuard. door to a lot of new things... like now your doctor may be talking to you about screening for colon cancer. luckily there's me, cologuard. the noninvasive test you use at home. it all starts when your doctor orders me. then it's as easy as get, go, gone.
3:34 am
you get me when i'm delivered... right to your front door and in the privacy of your own home. there's no prep or special diet needed. you just go to the bathroom, to collect your sample. after that, i'm gone, shipped to the lab for dna testing that finds colon cancer and precancer. cologuard is not right for everyone. it is not for high risk individuals, including those with a history of colon cancer or precancer. ibd, certain hereditary cancer syndromes, or a family history of colon cancer. maybe i'll be at your door soon! ask your doctor if cologuard is right for you. covered by medicare and most major insurers.
3:35 am
all of you. how you live,
3:36 am
what you love. that's what inspired us to create america's most advanced internet. internet that puts you in charge. that protects what's important. it handles everything, and reaches everywhere. this is beyond wifi, this is xfi. simple. easy. awesome. xfinity, the future of awesome. to save 30% on all the medications we carry. so go directly to now. president trump reversing decades of american policy in the middle east and announcing it's time to recognize israel's
3:37 am
sovereignty over the golan heights. oren liebermann is there live for us with more. good morning. >> reporter: erica, i'm standing here in the golan heights. this was seized by israeli forces from syria in 1967 during the six-day war. since then 52 years ago considered occupied territory and no country on earth had ever recognized israel's annexation of the golan until now with president donald trump's reversal of decades of policy and going against the international consensus. the question, why? apparent answer, netanyahu is facing a tough re-election campaign and that campaign, the election itself is only a few week it's away. this appears to be the trump administration blatantly campaigning for netanyahu to win the elections. on top of that, mike pompeo was here during the announcement and netanyahu heads to washington, d.c. for the aipac conference meeting with president trump a campaign stop with trump. the fact pompeo didn't mention
3:38 am
elections neither did netanyahu and trump said he barely knew about them. >> it's not about netanyahu's re-election? >> no. i wouldn't even know about that. i wouldn't even know about that. i have no idea. i hear he's doing okay. i don't know if he's doing great right now but i hear he's going okay but i imagine the other side whoever's against him is also in favor of what i just did. >> reporter: despite the fact many israelis do agree with trump and see it as a good, perhaps great move for netanyahu and israel, this isn't likely to take any of the international community with it. a sign the u.s. is blatantly biased towards israel. russia weighing in, the u.s. can't ignore this and condemnation coming in and a christian news network asked do you see the lord at work here on behalf of trump helping to protect israel from iran? pompeo says that's certainly a
3:39 am
possibility and sees the work of the lord here. john, worth pointing out very much matches language of jewish religious leaders here when trump was elected see it as the coming of the messiah. >> that is fascinating rhetoric. oren lieber naan golan heights, i imagine the president knows full well that benjamin netanyahu is facing a tough re-election battle but the president is right, already those running against netanyahu have expressed support for the president's moves. we have a cnn exclusive, reporting on a supreme court decision that changed health care in america. what led chief justice john roberts, what led to his 11th hour change of heart on the core issue of obamacare? we have new, remarkable reporting on this, next.
3:40 am
cancer, epilepsy, mental health, hiv. patients with serious diseases are being targeted for cuts to their medicare drug coverage. new government restrictions would allow insurance companies to come between doctor and patient. and deny access to individualized therapies millions depend on. call the white house today. help stop cuts to part d drug coverage that put medicare patients at risk.
3:41 am
this and even this.hark, i deep clean messes like this. help stop cuts to part d drug coverage but i don't have to clean this, because the self-cleaning brush roll removes hair, while i clean. - [announcer] shark, the vacuum that deep cleans, now cleans itself.
3:42 am
3:43 am
we have a cnn exclusive. new insight to one of the most consequence decisions of our time. chief justice switched on the health care act not once but twice and covered in a new biography. the book comes out tuesday and i have to say one of the great journalistic joys i have to get to speak to you about the supreme court and this is really
3:44 am
interesting. because at the time you could tell something was up with john roberts and there had been reporting that a vote was changed but the details that you now have, he changed two votes on this. lay it out for us. >> sure, john. thanks a lot, and what a lot of people don't know is not just that second vote but that two other justices switched their votes also. you know, remember back to 2012, we're in an election year. the supreme court is holding this historic three days of oral arguments over president barack obama's signature domestic achievement, and when those arguments are done, the nine justices go into their private conference room and they first vote to strike down the requirement that all americans have health insurance. and they vote to uphold expansion of medicaid for needy people as the poverty line to get more insurance there.
3:45 am
a lot of others but these the two crucial ones but over the next few weeks because of the chief's leadership and maneuvering on this end up completely switching on both fronts. the chief decided he didn't want to doom the entire law and where they had been at originally in conference with the five conservative justices along with chief justice john roberts voting to strike down the core of the law, but essentially ensuring that the whole thing would fail, all the provisions of this law would fail. and chief justice roberts decided he just didn't want to go that far and began looking for different alternatives here, and that's when he came up with the rationale that said the law could be upheld on the basis of congress' taxing power. not power to regulate interstate commerce but its taxing power and something the justices had never everybody aen voted on in
3:46 am
conference, and as i said he switched his voed te on medicai and then meaning that would be invalidated to an extent and just a lot of tension behind the scenes. even right into june when the decision was announced, some of the justices didn't know what was going on. and i think, john, the bottom line is that even though we have a chief who talks about the umpire role just calling balls and strikes, a lot more is going on behind the scenes. >> seems to be tons going on behind the scenes and it seemed to be political maneuvering not necessarily legal maneuvering and part of that plays out, as you note, in the fact that his actual decision, the justification as he wrote it, isn't exactly perfectly coherent or cogent? >> that's right. he drew a lot of criticism from fellow conservatives for that reason and i think sowed distrust inside the court and
3:47 am
certainly outside of the court. donald trump who back in 2012 wasn't even on the radar as a presidential candidate and he was, he started tweeting against it. many conservatives were editorializing against it and as i said, while he drew the wrath of his brethren on the right wing, he also sort of baffled the liberals in terms of his motivation here. >> again, the book is "the chief: the life and turbulent time of chief justice john roberts." really explains how the chief sees his legacy as the court and its place in history and working to maintain that. joan, thank for being with us. look forward to the release. >> thanks, john. >> erica. march madness is underway. not the one in washington. the basketball one. and win or lose, one team certainly feeling the love. the "bleacher report" is next. my experience with usaa
3:48 am
has been excellent. they really appreciate the military family and it really shows. with all that usaa offers why go with anybody else? we know their rates are good, we know that they're always going to take care of us. it was an instant savings and i should have changed a long time ago. it was funny because when we would call another insurance company, hey would say "oh we can't beat usaa" we're the webber family. we're the tenney's we're the hayles, and we're usaa members for life. ♪ get your usaa auto insurance quote today. ♪ anna, do you yes! those plans? i just wanted to show you something i've been wor... ♪ james r. and associates. anna speaking...
3:49 am
♪ james r. and associates. anna. ♪ [phone ringing] baker architects. this is anna baker. at northwestern mutual, this is what our version of financial planning looks like. tomorrow is important, but you're ready to bet on yourself today. find an advisor at
3:50 am
3:51 am
so how's your bracket hanging this morning? no, no the a deeply personal question. no big upsets on day one of
3:52 am
march madness. surviving a scare against new mexico state, auburn. andy scholes has it all in the "bleacher report." >> unfortunately for me, new mexico state was my cinderella. not a good pick. so many chances to pull off an upset against auburn. down two in the closing seconds. passing up a game-tying layup to pass out for the three, misses it and fouled. three free throws but would miss two of those and auburn knocked it out of bounds. aggies one last chance and queen air balls it. escapes. charles barkley watching in the studio, pumped up about it. tigers face kansas now in round two. and two seed michigan state meanwhile losing at half time to bradley. tensions high on the spartans bench. second half, coach thomas ripping into aaron henry. freshman what did i do? the heated exchange continued during the huddle. players having to hold him back.
3:53 am
spartans able to win the game easily. didn't apologize after the game saying it's one and done time. my bags of out the window. and region's top seed. no problem beating dickinson. was a cool moment end of this one. and the senior had been injured since november able to get in final minute of the game. get the bucket and the foul and watch him embrace his coach. right there. pretty cool way to end your college career coming back from that injury and erica, actually gets going again a little after noon eastern today. luckily for you, "new day" is everybody 0er at 9:00 a.m. you can lock in. >> right. we'll have a strategy session how we'll watch the game. amazing. >> fantastic. andy, sorry you lost your cinderella. know this, you are our cinderella, i really appreciate that. makes me feel so much better. >> thank you, andy. >> john berman on the record, you are on fire on this friday
3:54 am
morning. check out the twitter. "west side story," and mueller the musical apparently playing in are i don't mind. you said before the break we all need hugs. there's that. what else do we need today? el were a lot of people would like a mueller report. a live look outside the special counsel's office. plenty of folks waiting for the arrival of robert mueller. the investigation is it over? could the report find its way to the attorney general today? we'll take a closer look at the chain of events as we wait for the big event to kick off. ♪ heartburn and gas? ♪ fight both fast tums chewy bites with gas relief all in one relief of heartburn and gas ♪ ♪ tum tum tum tums tums chewy bites with gas relief
3:55 am
♪ ♪ this simple banana peel represents a bold idea: a way to create energy from household trash. it not only saves about 80% in carbon emissions... it helps reduce landfill waste. that's why bp is partnering with a california company: fulcrum bioenergy. to turn garbage into jet fuel. because we can't let any good ideas go to waste. at bp, we see possibilities everywhere. to help the world keep advancing.
3:56 am
looking to lose weight this year? try fda-approved alli®. for every 5 lbs you lose, alli® can help you lose two to three more by preventing about 25% of the fat you eat from being absorbed. for the only fda-approved otc weight loss aid, try alli®. neighbors... loved ones. living with diseases like cancer, epilepsy, mental health conditions and hiv.
3:57 am
maybe you're one of them. but new medicare rules could deny access to the latest, most effective therapies... therapies that keep them healthy. are medicare cuts that save less than one percent worth the risk to millions of patients? president trump promised to protect medicare... we need him to keep his word. this and even this.hark, i deep clean messes like this. but i don't have to clean this, because the self-cleaning brush roll removes hair, while i clean. - [announcer] shark, the vacuum that deep cleans, now cleans itself.
3:58 am
the comics tackling the feud with kellyanne conway's husband. >> yesterday trump called george conway a whack job, a stone cold loser and a husband from hell.
3:59 am
i guess melania's be best campaign hasn't started to kick in. >> according to a new poll 55% of american bes are in favor of abolishing the electoral college. unfortunately because of that, 55% is less than half. >> you can tell how main stream the idea of this has become. pretty much ensingle one of the 89 running for president, 81% have gotten onboard. >> a full-blown conversation about reparations in this country. >> wow. wow! that is great to hear. although -- i have my eye on you, elizabeth warren. i feel like as soon as reparations are passed she'll be like, there's something i didn't tell you about my ancestry results. i'm also 1/20th black. who knew? fast check with apple pay! >> all right. thank you to our international viewers for watching's for you cnn talk is next.
4:00 am
for u.s. viewers, robert mueller's investigation could be wrapping up today. we have live cameras set up on the watch. "new day" continues right now. they're going to be able to see the report, weigh in. i'm sure they're nervous. >> there's a cautious optimism. >> not going to be a ind phooing of criminal wrong doing. >> i think more indictments are coming that will pull a lot of this together. >> the white house rejected the demand to provide any information about those trump/putin meetings. >> the president has a right to have these conversations in private if he chooses to. >> we keep coming back to this incredibly strange behavior you only see surrounding the president and putin. >> he has used whatsapp to communicate with mbs. one wonders why this isn't being disclosed. >> abbe lowell say he took a screen shot of it. >> do everything away from the public's why. maybes you wonder,ha


info Stream Only

Uploaded by TV Archive on