tv New Day With Alisyn Camerota and John Berman CNN November 5, 2019 4:00am-5:00am PST
the united states and all around the world. this is "new day," and it is a big day. republicans, they demanded transparency in the impeachment inquiry, and that's exactly what they are getting. democrats about to release new transcripts of testimony from two key witnesses in the impeachment inquiry, former special envoy to ukraine kurt volker and u.s. ambassador to the eu gordon sondland. text messages place both men along with rudy giuliani at the center of the trump administration's efforts to get ukraine to publicly announce an investigation into the bidens. on monday investigators released the transcript of testimony from former u.s. ambassador to ukraine marie yovanovitch and michael mckinley, he was that former top aide to secretary of state mike pompeo. yovanovitch told investgators she was the target of a shadow campaign by rudy giuliani to get her fired because she was standing in the way of the president's plan to get dirt on the bidens. she also testified she was warned to, quote, watch her back and that she remains worried
about being the target of president trump's retaliation. mckinley told lawmakers he resigned in protest over how yovanovitch was treated. he also testified that he raised concerns about her removal with secretary of state mike pompeo on three separate occasions, but pompeo did not respond. that contradicts what pompeo has said in public. meanwhile, president trump wants to reveal the identity of the whistle-blower. we also have breaking news this morning out of mexico where nine american family members from the mormon community have been killed. we have a live report from mexico city in just minutes. we will get to that in a second. first, though, the impeachment inquiry, joining us to discuss cnn political analyst john avlon, and cnn chief legal analyst jeffrey toobin who's always happy that his title outranks. >> it is. i'm tough but fair. >> i want to play something that rand paul said overnight. the president was in kentucky last night campaigning.
senator rand paul who knows the law and knows the impact of his words, went up on the stage and asks the world to out the identity of the whistle-blower. now, the statement from the whistle-blower at this point may or may not be relevant to the impeachment inquiry. there are plenty of people who suggest it isn't, but by outing the identity, you could put this person's safety in question, and you also question the sanctity of whistle-blower laws in general, and rand paul knows this as he says what you're going to hear him say right now. >> the whistle-blower needs to come before congress as a material witness because he worked for joe biden at the same time hunter biden was getting money from corrupt oligarchs. i say tonight to the media, do your job and print his name. >> there's something deeply deceptive and underhanded about what he's doing there, jeffrey because he's saying someone else should do this because he knows if he said it out loud, that'd be breaking the law. >> that's breaking the law, too. let's, you know, not slice the
bolonga too thin. the whole idea of whistle-blower protection laws is so they don't have to endure that kind of behavior, much less on national television. >> it's like bullying. >> it's bullying. it's dangerous. it's designed to discourage whistle-blowers from coming forward, while whistle-blower laws are supposed to do the opposite. they are playing by their own rules and they're not paying a consequence for it. >> not just that, being libertarian means that you allegedly like small government, you want to maximize accountability, that would include whistle-blower laws that keep the safety and privacy of a person telling the truth against intimidati intimidation. we call donald trump a divider, r not a uniter. one thing he's been able to do is bring together lindsey graham and rand pauld. >> he knew exactly what he was
doing. sean hannity knew what he was doing last night when he was threatening to release the name as well, and there's no reason to hear from the whistle-blower at this point because everything that he's been saying, everything that he has said has been validated by all of the other witnesses. so the only reason they would want to out his name is to attack him, to publicly attack him, to retaliate against him for what he's done and for coming forward which was a very brave thing to do because look at what's happened subsequently. so many other people have come forward expressing their alarm too. >> i'm glad you brought up sean hannity. there was something really interesting in the released transcripts of marie yovanovitch's interview. i don't have it in front of me, but the gist of it was that she was told that someone high up in the state department, she assumed it was pompeo was going to call sean hannity and say do you have evidence of what you're saying about the bidens? because if you do, please share it with us, and if you don't, stop. so in other words, at the state department they know that this is not true.
they have no evidence of what they're saying about the bidens, but then sean hannity -- somehow that message was never communicated or never paid attention to. >> welcome to the banana republic of the united states right now. i mean, when we read that his name had been mentioned in the testimony repeatedly, the first question that came to my mind is why were republicans not alarmed by that. they kept focusing on the fact that there was no quid pro quo. they were focused on the phone call. every single thing that came out of this transcript that we did not know before was alarming and disturbing and not normal, and it goes beyond, well beyond just that july 25th phone call. this shadow government, this shadow foreign policy between rudy giuliani and what sean hannity knew and what mike pompeo knew and maybe looked the other way and did not acknowledge is something that does not happen in the united states, and you've had countless number of diplomats who have served for decades say this is not normal. >> and that's -- this is not normal is the thing. we heard from mckinley. he resigned because he saw the state department being misused
to benefit the president. we saw sean hannity, a fox news opinion host being effectively treated as white house communication director, giving talking points and somebody who principals would find out what's really going on behind the scenes. >> this is p 115. mckinley was asked what was happening was efforts to use the state department to dig up dirt on a political opponent. is that fair he was asked? and mckinley says that's fair, and if i can underscore in 37 years in the foreign service in different parts of the globe and working on many controversial issues, working ten years back in washington, i've never seen that, and this is a guy who worked closely with pompeo. by the way, wither mike pomp i ask jeffrey toobin. >> i like to say wither. >> mckinley also testified he had three conversations with mike pompeo about trying to get some kind of statement of support for ambassador yovanovitch. pompeo didn't respond at all to that, but he did tell george
stephanopoulos that he never had any conversations so listen to this. >> from the time that ambassador yovanovitch departed ukraine until the time that he came to tell me that he was departing, i never heard him say a single thing about his concerns with respect to the decision that was made. >> so you were never asked -- >> not once george did ambassador mckinley say something to me during that entire time period. >> you were never asked to put out a statement in support of ambassador yovanovitch. >> i'm not going to talk about private conversations i had with my most trusted advisers. >> even though he just did. >> that was an interesting shift in one answer, but look, the remarkable thing about this story, with the exception of ambassador sondland whose testimony may come out today, every single story that has come out, every piece of testimony, every opening statement, every account of the private depositions so far has been
consistent. there has been this -- there was this private effort to undermine the state department officials and operate united states foreign policy for the sole benefit of donald trump getting reelected. that was the only agenda that these people had, and you know, they're all consistent, and ambassador yovanovitch's testimony was so vivid it was like the movie gaslight, you know, where it's like all this stuff was happening outside her view, and everybody's telling her things that, like you're in trouble, and she can't see it. it was just chilling. >> and when she asks for advice from ambassador sondland she's told that he said tweet positive things about the president. >> it's that simple by the way. it's that simple. >> good advice from sondland, it's deeply troubling. >> that is how our government seems to be working behind the scenes. if you want to protect your job, say nice things about the president on social media. >> he said go big or go home,
right? and tweet kyour support of the president. what a disgrace to feel threatened. you're a diplomat serving your country and to get a phone call at 1:00 in the morning saying you have to get on a plane asap for your own security. this is something out of a bad movie. to hear her testimony, someone who is ill prepared for this type of scenario has been serving her country, has been promoting western values in ukraine to be basically sitting as a lame duck in ukraine because even the ukrainian officials don't know whether she has any relevance at that point. you know, mike pompeo has a lot to answer for at this point, and it raises the question, does this go beyond just ukraine? we know rudy giuliani was spending time in romania. he was spending time in other countries as well, turkey perhaps. so what role has u.s. foreign policy played in helping him pursue whatever he's been trying to investigate for the president? >> he was also makiining hundre of thousands of dollars from a company called fraud guarantee.
rudy giuliani made -- the reporting is he made $500,000. how mad is hunter biden he was only getting tens of thousands of dollars from ukraine. >> when a company's called fraud guarantee. >> what do you think the second choice name was for that company? >> yeah, you know, suckers invest here. look, you know, but the important point about pompeo, i mean, look, one of the interests that seems to be pursued is kremlin backed ukrainian oligarchs. there's a russian angle to this story that seems to be close to the heart of it. when pompeo goes out and lies as effortless and patiently as he did in that interview, it's a reminder that to carry water for this president means you need to be willing to lie all the time. >> i want to ask about lev parnas if i can. we're going down that rudy giuliani road. >> fraud guarantee. >> can i tell you the reason behind the name? he had been investigated before, and i believe based on criminal charges or investigations, so because he didn't want his name to be tarnished in a google search, he named the company
fraud guarantee for fraud to be connected to his name through a company, not because of anything that he'd done in the past. >> those google things d-- >> a little digging there. >> so mr. parnas of fraud guarantee, his lawyer is now apparently saying you know what? maybe he will be willing to cooperate with impeachment investigators, so that's a loaded offer in many different ways, jeffrey, and you are uniquely qualified with your vast legal experience to explain what the significance of this is. >> well, the significance is he's getting ready to talk, and what any good lawyer would be doing is talking to both the southern district and the congressional investigators because you don't want to -- you don't want to piss one off. you certainly -- you want to coordinate with both, but if he's looking to cut a deal with the southern district, that would be a way of cooperating with the congressional committees as well. you don't want to cooperate with
the congressional committees and leave yourself hanging. this guy is under indictment in the southern district. that's got to be his priority. you can deal with both of them at once. >> things are getting interesting. >> very interesting. >> thank you very much. >> i sense trouble at fraud guarantee, that's all i can say. >> with a capital t. now we want to get to our breaking news that we told you about, nine american family members of the mormon community including six children have been killed in northern mexico in an apparent ambush attack. cnn's matt rivers is live in mexico city with the breaking details. what do we know about this, matt? >> alisyn still very much a developing situation. the details that we're getting are actually coming from a family member based here in mexico. these people who were part of this convoy, they were traveling in a state of mexico called sonoro which is where this mormon community has lived for decades with hundreds of members in this community and apparently
what happened is there were three women and a number of children in several different cars moving from one part of sonora to another. it was during that ride at some point that this convoy of cars, a couple of cars holding these women and children were attacked. we don't know by whom, but the results were absolutely horrendous. we have some video of one of the cars given to us by a family member, which shows the car completely burnt. in total, three women and six children, according to this family member were killed. in terms of the motive here we're not sure. what the family is speculating about right now is they believe this could be a case of mistaken identity. sew nor roadwonora has seen hors of cartel, drug-related violence. what the family thinks is this is one cartel looking to attack another and mistaken this convoy for being a rival cartel and the violence erupted thereafter. no matter what the motive is,
though, this family has lost at least nine people so far, and this is just the latest in a string of violent attacks here in mexico. this year alone, alisyn, we have seen almost 100 people hper day murdered in the country of mexico as a result of drug-related violence, and yet this attack stands out because there are nine americans at least right now who are killed. this is going to have reverberations in washington and frankly, across the rest of the united states as we wake up here in mexico. >> those numbers are staggering, matt, as are the transcriptidesf what happened. these are babies, these are toddlers. >> three mothers, six children. we're waiting for a statement from the state department. please keep us posted. it is election day across the country. polls open in a number of key states, states that will bgive s a sense maybe of where things are headed over the next 12
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you can watch the out of market games you want- all season long. and with the all-new xfinity sports zone, you get everything nba all in one place- even notifications about your favorite teams. watch the dropped dimes, monster blocks, and showstopping dunks. plus get instant access to your teams with the power of your voice. that's simple, easy, awesome. say nba league pass into your voice remote to upgrade for a great low price - or go online today. voters head to the polls today in several key states, kentucky, mississippi, virginia, and new jersey. all of these could give us clues as to how the 2020 presidential election might play out. joining us now is cnn senior politics writer and analyst harry enten. i know you're keeping your eye
on kentucky, unpopular republican governor is that right? >> yeah, matt bevin is a deeply unpopular republican governor. his approval ratings have consistently been below his disapproval ratings. if you know something about kentucky, the president carried that state by about 30 points. i think what we're seeing there and across the board is the nationalization of state politics. if you go back to the beginning of this decade, about 40% of blue states, red states had the opposite party ruling the governorship. now that's down to 20%. if this were ten years ago i wouldn't be surprised if matt bevin was going down in defeat. >> if democrats can't win that state this time with those candidates, they can't win that state period basically. >> that's exactly right. andy beshear is a great candidate. matt bevin not that popular. donald trump rallying there last night. if bevin wins it's probably because of donald trump.
>> let's talk about mississippi. shouldn't that be an easy win for the republican lieutenant governor? >> tate reeves a popular guy, but jim hood is the best candidate the democrats could put up, reelected multiple times, but mississippi hasn't had a democratic governor elect instead that state in 20 years. the rules are such in mississippi that you need a majority of the win to win statewide and you need to win a majority of the state house districtsme districts. it really is a long road to hoe. if he doesn't get a majority of the vote, it goes to the state house and that of course is controlled by republicans. >> we just had former virginia governor terry mcauliffe who claimed to be very confident that democrats would take back both houses of the the legislature there. what's the significance of that, and how does it look for the democrats? >> yeah, look, the republicans hold very slim majorities in that state senate and state house, only two seat majorities not counting vacancies, and we saw in 2017 when all the seats
were up in the house of delegates there that democrats ran away with it, picked up very many seats, double-digit seat gains, what we saw for the nationalization of the politics, if you look at the popular votes in the house of delegate races in 2017 and flip forward to the house popular vote, the u.s. house of representatives in 2018 those two lined up near ly perfectly. that house protester voolar vot us a clue in on what's going to happen in 2020 nationally. >> we look forward to getting all of the analysis from you tomorrow. >> i love elections, baby. >> this is your super bowl baby. >> my super bowl, my world series, nba championship, stanley cup too. >> you deserve a chicken sandwich. >> i'm going to get one. >> i bet you are. >> thank you. federal appeals court once again rule that the president's accounting firm must turn over his tax returns in new york. is this fight headed to the supreme court, and what will happen? that's next.
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president trump again losing a challenge in federal court to keep his tax returns from a manhattan grand jury. potentially setting the stage for a showdown in the u.s. supreme court. joining us now to talk about this and so much more is jeffrey rosen, the president and ceo of the national constitution center. he's also the author of a new book out today, "conversations with rbj ruth bader ginsburg on life, love, liberty and the law." great to have you here. >> great to be here. i can't wait to get to your 25 years of conversations that you've been having with rbj. first let's talk about the news
of the day. so the new york prosecutors want to see president trump's tax returns. he has just lost in an appeals court. is this something that you think the supreme court will take up? as it happens, justice ginsburg is the justice who will decide whether to refer it to the entire supreme court. if you read the appellate court opinion, and i urge viewers to read it because it's fascinating. it's by chief judge robert catsman. he cites three cases, he says chief justice marshal ordered thomas jefferson to turn over subpoenaed materials, bill clinton had to turn stuff over, and most importantly richard nixon had to turn over arguably privileged materials. here there's no claim of executive privilege. the tax returns were before he was president. he's not going to be arrested or he doesn't have to appear in court. it's just ordering the accountants to turn over the documents. therefore the appeals court reject the claim that he doesn't have to turn it over. >> they reject as extraordinary the claim that there is presidential immune tri frity f?
>> from ever having to have any interactions with the legal system. they said no court has held that before from chief justice marshal to nixon and clinton. therefore there's no support for it. >> since rbg -- >> as the circuit justice she would refer anything that she thinks would be controversial. if she thinks there's a good chance four justices would hear the case. >> do you think she's inclined to do that? >> this is written by judge katzman who she knows and respects. the opinion is tight. it's narrow. predictions are very dangerous but i would bet that the great rbg would be persuaded by his opinion. >> if anybody can predict and know her thinking it would be you because you have known her for 25 years, correct me if i'm wrong. you've had a series of conversations and correspondence with her. can you just tell us about that relationship and how you met? i understand it was an in elevator. >> it was. it was the luckiest elevator
ride of my life. i was a young law clerk on the u.s. court of appeals for the district of columbia circuit rngand she was coming down from an exercise class. >> was she in her jazzercise outfit? >> i have to say she actually was. she was in her jazzercise outfit with leggings and a kind of hat. >> lycra. >> no lycra, this is 1992. >> got it. >> but she's a very formidable person as you know, and she's completely silent, and i just had to break the ice. i couldn't think of anything else to say, i said what operas have you seen recently? i didn't even know she was an opera fan. and of course she adores opera and that opened the flood gate for a conversation about music and led to a correspondence and friendship that has blessed my life for 25 years. >> there's so many different topics we could get to, but one of the things i think is relevant is the gender discrimination she faced throughout her career. she was i guess rejected by every law firm though she was this stellar student, and she also talked about and you write
about it in the book how in 1993 when she was selected for the supreme court, obviously that was a huge moment, but for many years, after sandra day o'connor left, she felt isolated. ginsburg felt ice laced as the only woman on an increasingly conservative court. she began to recast herself from the moderate minimalist to the notorious dissenter. >> her evolution from a judge's judge a minimalist who remarkably some women's groups opposed at the time she was nominated for being insufficiently liberal on roe v. wade became the rbg because she felt she had to. once she became the senior associate justice she had to speak for all the liberals, persuade them to speak in one voice, and it was in 2013 when the notorious rbg tumbler went viral, she really conceived of herself as being a heroic voice
for principal liberalism. >> do you call her rbg? >> in writing. that's what she assigned herself when we first met, with appreciation rbg, she's so careful with her words and i would not say it to her face, but i would write to her as dear rbg. one of the most remarkable experience of this book is that she copy edited every word. i got an e-mail from her in june saying the edits are ready. i was stunned how did you have time for this in the midst of everything you were doing. she said i promised you i would. she's so careful with her word choice. she's an inspiration with self-discipline and attention to detail. she's my personal and constitutional hero. >> i don't blame you. she's remarkable. she also is tireless. i mean she's had a lot of physical challenges, and somehow she just keeps showing up at the supreme court. you're right about that, took into consideration -- too about this past year. she says this term was hard for
me. from november when i cracked my ribs to the beginning of may lung cancer was a major impediment. during that time the best thing for me was to sit down with an opinion draft, stop thinking about my discomforts and just do the work. >> just do the work. isn't that the most extraordinary advice for all of us about how to live? here's this woman with the burdens of the nation on her shoulders having these health problems, and i asked her, i said you know, your mother often told you to overcome unproductive emotions like jealousy and anger, yes, she said, and that's the advice of the great wisdom traditions. yes, she said, i said but how do you actually do it? i realize if i don't do it, i will lose precious time for productive work. just the self-discipline is absolutely extraordinary, and it inspires me every day when i'm surfing or wasting time i think of the great rgb and i buckle down and start reading and writing and trying to make something of the day. >> as we approach an impeachment vote for president trump, do you
know what rbg thinks of these fraught political times? >> her friends might have a sense of it. she would never share it in public. she would have no role at all in the impeachment, as the supreme court doesn't. i did ask her what to do, and she emphasized the importance of education for kids and having them focus on something larger that be themselves like fighting gender discrimination or climate change. finding a purpose in life. i said what's your advice to my 13-year-old kids? and she said with enough hard work and self-discipline anything is possible. >> she is the living personification of that. jeffrey, what a great book. it's called conversations with rgb. you have so much in here. her role model nature comes through in everything. so thanks so much for sharing it with us. >> thanks for sharing with me. >> that was a great discussion i have to say. and it only scratched the surface on jazzercise. some tragic news here, the fried chicken frenzy at popeyes
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- or go online today. . breaking news overnight, a maryland man was stabbed to death in a fight over the popular popeyes chicken sandwich. police say a suspect is still at large. cnn's gene casarez is here with details. >> the facts are still coming in. here's what we know at this point. police are saying it was 7:00 last night, it was prince george county, maryland, and the popeyes was packed. you can imagines. people were standing in line, they were waiting. they were ptiwanting the new popeyes chicken sandwich. in that line, two men started to get into an argument. the argument escalated. preliminarily it is believed it was over that chicken sandwich,
and so they went outside, and that is when one of the two of them took out a knife. the other was stabbed. people called paramedics. they arrived immediately. they did life saving maneuvers to this man, transported him to the hospital, but 51 minutes later he was pronounced dead. here's what police have to say. >> this is related to the release of the sandwich. for you to get that angry over anything for that type of anger to develop into this type of violence, again, is a very sad and tragic day. and that person needs to turn themselves in. >> and they are asking for anyone that was in the restaurant last night, if you saw who that perpetrator was please go to police. the victim was 28 years old. popeyes has released a statement saying that they are not sure if it's over their sandwich, but they say it is tragic that someone lost their life on a monday night in the parking lot outside of a popeyes.
john, alisyn. >> what a shame. how completely senseless. >> has horriblthat's horrible. republicans wanted it, but be careful what you wish for. the transcripts of some of the impeachment testimony, they are out this morning, and now the president is left with a defense that could be summed up in one word by one man. that man is john avlon, and this is your reality check. >> appreciate that, john. so look, trump's impeachment strategy can be summed up in one word, denial. >> that was perfect. it was perfect. it was a perfect phone call. you can't impeach a president who did nothing wrong. >> despite all the evidence, the damning testimony from white house and state department staffers, president trump is still in deep denial that there was anything wrong with his ukrainian conversation. faced with an avalanche of bad facts, his default is to essentially deny their existence, and then do a little patented project and deflect
with the brief his supporters won't know or care. last night we saw human props wearing the president's latest catch phrase, read the transcript, when almost anyone who's actually read the transcript or paid attention to the testimony knows that multiple people inside the trump administration flagged the call as being counter to america's interests. of course the white house is all in twith the denial strategy. the press secretary saying the president has done nothing long. jared kushner's staff saying the facts are in the white house's favor. the administration is also denying congress's power to subpoena them refusing to comply at least 13 times. this includes four members of the white house staff called on monday, including john eisenberg who hid the ukrainian conversation on a highly classified server. keep in mind the last president who just decided to ignore a boat load of congressional subpoenas in an impeachment inquiry was richard nixon and that led to a third article of impeachment for contempt of congress. but hey, denial's a hell of a
drug. it lets you ignore inconvenient facts, democratic norms and historic precedents and instead just live in a self-serving fantasy land, in this case temporarily protected by executive power. now republicans have a choice that they can either back the president's denial strategy or opt for at least a variation on the theme, something like yeah, the call was bad. the president shouldn't hold military aid to force foreign powers to investigate political rivals, but it doesn't rise to the level of impeachment, that's for things like lying about affairs with interns. the president fired off a tweet that undercut their argument. but amid all this circus, let's not forget that impeachment is serious stuff. it's only been pursued four times in our history. we've seen presidents fight for their political lives, but we've never seen a president insist on an alternate reality, repeating fact free nonsense over and over betting his supporters will buy it. after all, though, one of trump's lawyers just literally argued in court that trump could shoot someone on 5th avenue and not face any immediate legal
consequences. we shouldn't give in to this normalization. because in a republic facts matter, not simply fear of a dear leader or fear of annage tatsed base. facts matter because of our republic's ability to reason. the question for the country is whether they will insist on a fact based impeachment inquiry or fall into line behind an emperor who's clearly wearing no clothes while saying something that sounds a lot like this. >> what you're seeing and what you're reading is not what's happening. >> and that's your reality check. >> thank goodness someone is here to bring a little reality to this whole process. >> look, and not to preview something going on tomorrow. you have some insight into how it's all working. >> i'll have a voter panel from swing state voters, these are swing voters, they've voted for republicans and democrats in the past, and i just can't wait to share with you how they're feeling about the impeachment and the election. it's time for cnn business now, optimism is rising on the
u.s./china trade front. the financial times is reporting that the trump administration is considering dropping some tariffs to secure a partial deal that would pause at least parts of the trade war. cnn chief business correspondent, christine romans here with the details. >> good morning, you guys. the president has called himself tariff man and tariffs have been his favorite tool against china. so dropping them would be a huge change in strategy for this white house. so what is the state of play? the u.s. and china are trying to finalize this so-called phase one mini trade deal. china is pressing washington to remove all tariffs as soon as possible. numerous media reports this morning that u.s. and chinese officials are considering rolling back more tariffs. now, officials tell cnn no decisions have been made yet beyond canceling a round of tariffs in october. that already happened. the financial times says the white house is considering taking off the tariffs that went into effect in september on clothing, appliances, and flat screen monitors. president trump and the commerce secretary wilbur ross appeared
optimistic about the progress of talks over the weekend, and the president even teased a signing with president xi, maybe in iowa. both sides appear to want to avoid new tariffs scheduled for december 15th. but investors, you guys, have been fooled by progress before. what's on the table today is not the course correction the president sought, be uut a mini deal to keep the parties talking with hopes of a broader deal later. the stock market really likes it. i think you can expect record highs in the stock mart todket . christine romans, thank you very much. we're glad you survived the candy fiasco at your home this week. halloween-gate at the romans. >> no more candy holidays for me. no more. president trump and his allies stepping up efforts to unmask the whistle-blower. we're going to speak with one senator who calls it illegal and dangerous, and that might be an understatement. that's next. >> cnn business now brought to
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serious allergic reactions, like low blood pressure trouble breathing; throat tightness; face, lip, or tongue swelling rash; itching; or hives have happened. tell your doctor about dental problems as severe jaw bone problems may happen or new or unusual pain in your hip groin, or thigh, as unusual thigh bone fractures have occurred. speak to your doctor before stopping prolia® as spine and other bone fractures have occurred. prolia® can cause serious side effects, like low blood calcium; serious infections which could need hospitalization; skin problems; and severe bone joint, or muscle pain. are you ready? ask your doctor how prolia® can help strengthen your bones. overnight we saw something truly remarkable and stunning. and to many people, upsetting as the president and his allies are trying to out the whistle-blower. reveal the identity of the person who initially raised concerns about the president's phone call with ukraine and
asking to investigate domestic political opponents. joining me is independent senator angus king of maine. thank you very much for being with us. i want to play for you and for our audience once again what senator rand paul said last night on stage side by side with the president. because i think there's something at many levels here that is of concern. yes, the president and his allies have been trying to get the identity of the whistle-blower out there. listen to the way rand paul is doing it. >> the whistle-blower needs to come before congress as a material witness because he worked for joe biden at the same time hunter biden was getting money from corrupt oligarchs. i say tonight to the media, do your job and print his name. >> first of all, there's no evidence for what rand paul is saying there on the facts and the arguments he's making but calling on others to release the
identity of the whistle-blower. he knows releasing the identity is against the law and dangerous. what did you see there? >> it's deeply troubling and really disappointing. number one, the whistle-blower's identity and what they have to say at this point is irrelevant. it's like a person seeing smoke coming out of the upstairs windows of the house and they call the fire department. the fire department comes and fights the fire. who called the fire department doesn't matter if there's a real fire and this whistle-blower, i went back and read the complaint last night. virtually everything in that complaint has now been verified in public and public testimony, particularly the transcript of thea -- the partial transcript of the call confirms exactly what the whistle-blower said. so who it is. i don't care if it's tom brady, it doesn't matter because the investigation is what happened. this is a distraction, john. this is an effort. and if the name comes out, they'll spend a week finding his
grandmother voted democratic for franklin roosevelt or something. it has nothing to do with the facts, and it's simply a distraction. there are all -- i can go on and on about how wrong this is in terms of people -- you want people to come forward. you want to respect the law. and it's really disappointing is too mild a word. it's terrible. and it's terrible for the country. >> what are the consequences perhaps for the safety of the whistle-blower? >> well, number one, they have to worry about their job. this is a person that took an enormous risk to come forward. and if you read the complaint, which you can go online and find, they were very careful to cite the law, to do everything right to submit the complaint to the inspector general, the intelligence community and then it went on to congress. they followed all the rules. so there's professional retribution but in this
atmosphere we're in right now, there's danger. i think there's really serious danger to this person's life. apparently the fbi is already investigating death threats to this person even though we don't know who it is. this is bad stuff. if something happened -- if this name comes out by virtue of the pressure of members of congress or the president or the white house and then something terrible happens to them, it's on their heads. this is bad stuff, john. >> there was something, i felt, a little underhanded and small, more than a little bit, with what senator paul did there. he's saying, media, you do it. someone else should go do this. he's not going to do it himself, it seemed to me because he knows there are legal implications. but he wants someone else to carry his water for him. >> he didn't want to break the law directly on national television so he requested that you do it. and it's -- as you can tell, i am a pretty mild mannered guy but this one just is
infuriating. and to go back to the beginning, it doesn't matter. it doesn't matter who this person is. all they did was report what they were hearing, and now we've heard from the very people that can confirm those charges. and more and more evidence is coming out to confirm it. that's what's relevant to this investigation, not who this person is. i saw this crop up the first few days, and i think it's just terribly wrong and harmful to the country. who is going to come forward the next time? >> senator, i want to ask you about the john durham investigation into the origins of the russia investigation. now duringam when he was appointed was widely seen as a straight shooter with a long record investigating. but the attorney general's role in this is now being called into question as he travels the globe pressuring other countries to get involved with this investigation. what do you make of that? >> well, i want to answer your
question, but i also want to say one other word. the president keeps saying read the transcript. that's what i say. i'd recommend anyone to read the transcript of that phone call and see if you think it was perfect because it was all about investigating the dnc and the bidens. as far as the durham investigation, i frankly don't really understand it. i've worked on this issue on the intelligence committee with unclassified and classified material for almost three years. there is no doubt that the russians interfered with our election and the information that the fbi had in the summer of 2016, if they had not followed up, it would have been prosecutorial malpractice. they had to follow up because they had information that raised very serious counterespionage concerns about another country trying to influence our election and having contacts with members of the trump campaign. that's something you have to follow up. so i don't know what they're chasing, and the idea that now they're going to be possible
criminal investigation, i haven't seen anything in my work that suggests anything that would be remotely criminal. by the way, aushllso, john, the was more than 100 pages inspector general report on the activities of the fbi, specifically and mr. comey that basically said there were some lapses of judgment but nothing illegal. so here we are going over the same ground again. i think again as a distraction. >> senator angus king of maine. always a pleasure to have you on. alisyn? >> thanks to our international viewers for watching. for you "cnn newsroom" with max foster is next. for our u.s. viewers, nine americans, mothers and children, killed in an ambush attack in mexico. "new day" continues right now. a significant day on capitol hill as we saw the release of the first transcripts. >> marie yovanovitch. the career diplomat saying
behind closed doors she was warned to, watch my back, because of trump lawyer rudy giuliani. >> ambassador mckinley expressed his concern about pompeo not having the backs of foreign service officers. >> -- have had to testify without counsel. i regret that. virginia and kentucky and mississippi are the states to watch. >> you will vote to re-elect kentucky governor matt bevin. >> it's his way to get his message out there. read the transcript. >> this is "new day" with alisyn camerota and john berman. >> morning, everyone. welcome to your new day. it's tuesday, november 5th, 8:00 now in the east. and we have reached the public phase of the impeachment inquiry with some fascinating transcripts now released from the closed-door interviews with diplomats like marie yovanovitch. today we can see more firsthand accounts of the trump administration's dealings with ukraine. this time from the ambassador to
the eu gordon sondland and kurt volker. transcripts are set to be released at any moment. we'll bring them to you. text messages establish both men along with rudy giuliani were directly involved with this back channel effort to get ukraine to publicly announce investigations into the bidens and democrats. >> also we're analyzing the just-released testimony of two key state department employees, former u.s. ambassador marie yovanovitch and michael mckinley, a former top aides to secretary pompeo. yovanovitch reports to be concerned about her safety because of statements from the president and mckinley's testimony suggests if mike pompeo was not flat out lying in public about the dismissal of yovanovitch, he is at a minimum parsing language in a very misleading way. and the mexican government is expected to release more information about this deadly ambush attack that killed nine members of an american family. we'll have the breaking details