tv New Day With John Berman and Brianna Keilar CNN October 11, 2021 5:00am-6:00am PDT
and half of them that took a placebo, 45 of them over time were hospitaled and 8 died. the half that got the actual drug, only 28 were hospitalized and none of them died. now, of course, the question on everyone's mind is, all right, so they have applied to the fda for emergency use authorization. when might the fda consider it and give merck that leeway? it's hard to know. reagain ron applied and it took about six weeks for the fda to say yes. the fda needs to review. their outside experts need to review it. the same with the cdc. the last time this happened it was about six weeks, so it could be in that ballpark. >> that is not very far away. all right. elizabeth cohen, thank you. >> so president pbiden is not asserting privilege over the trump documents sought by the
january 6th committee. we'll listen to the top democrat on that committee. >> we should get those documents soon because the sitting president has the primary say on executive privilege. >> joining me cnn senior legal analyst, a former state and federal prosecutor. what is executive privilege? >> john, executive privilege is one of the most controversial and high stakes legal theories in our whole system. generally speaking, it means certain communications between the president and his top advisers need to remain secret. they don't go to congress or prosecutors or the general public. now, executive privilege is as old as the nation itself. the first president to invoke it was the first president, george washington. and every president since has invoked the executive privilege in some way or other. the patron saint, the godfather of executive privilege is richard nixon.
1974, water gate is exploding, special prosecutors, the secret oval office tapes and nixon says, no, executive privilege. i don't have to turn them over. that case goes to the supreme court and they issue the good news/bad news ruling. good news, we recognize executive privilege. bad news, you lose on the balance. there is a valid need for protection of communications between high government officials. on the other hand, the public has a right to demand evidence. nixon loses. the tapes go over. three weeks over, richard nixon resigns. that's the stakes we're talking about. >> no interpretation of executive privilege suggestions it should cover evidence of potential crimes. that's important also. so who gets to assert it also? is it just current presidents or does a former president have a right to executive privilege? >> this is the question of the moment. we don't have a definitive answer from the courts.
however, in 1977, the supreme court talked about it. it is a different case relating to richard nixon and the court said this is what they call victim. they said it in passing. it wasn't the basis, so it's not binding. the privilege survives the individual president's tenure meaning a former president can have some interest here. on the other hand, the current president is in the best position to assess the needs of the executive brab ch and invoke the privilege accordingly. now, if we look at the way this played out in recent history. 2001 george bush exercises executive privilege for bill clinton. 2009 barack obama declines says no executive privilege on torture related documents from the bush administration. the pattern here is clear. sitting president, sitting president. the difference is in these cases we didn't have a president like donald trump, the former president, who has now said i object. want to invoke executive
privilege. joe biden has said i don't. that's why we could be headed for a real showdown here. next step is right here the federal courthouse in washington, d.c. important to keep in mind even if donald trump is exert executive privilege, he doesn't automatically win. the calendar is important. january 6th, 2021, they have more than a new year until the new congress. that could be the end of the committee. they're nine months in already. congress needs to be ready to move quickly. the courts need to be ready to move quickly. important historical perspective here. the nixon case, it took the amount of time from the subpoena until the supreme court ruling three months. three months. now, i don't think they're going to move that quickly here. >> they could. they certainly could, though. it shows if they put their minds to it they can. >> it is up to the judges. >> thank you. former president donald
trump returning to iowa for a rally over the weekend. his first time in the states since losing the election in 2020. in a speech that lasted more than 90 minutes trump attacked fellow republicans and criticized president bide p and repeated long debunked claims that the election was rigged. >> some people said, oh, sir, it was covid. hillary conceded. i never conceded. never. when you hear these numbers of swing states, there was no reason to concede. they should have conceded. mitch mcconnell should have challenged that election because even back then we had material to challenge that election. he should have challenged the election. >> joining us now is the national political correspondent at "politico." and you attended this rally on saturday. just sort of broad strokes here. how much of this rally would you
say former president trump dedicated to the big lie? >> really the first part of his speech was traditional. he went after president biden after their immigration policies and what's happening at the border to the afghanistan withdrawal and he regalled his supports there with stories from the white house. but the focus of his speech was focussed on his false claims that he won the 2020 election, that it was stolen from him and that there is widespread voter fraud that led to biden getting into office. and i spoke with dozens of his supporters there at the rally, and i will say every single person that i talk to said they also believed the election was stolen, the lie that trump continues to say at these rallies. >> so you point out in your story, that doesn't actually make this unique at all because
that is same old trump. but what's unique about this story were really the elected officials like chuck grassley and others who were with trump, right? >> exactly. i covered so many of these rallies and you do hear some of the same things come up over and over again. what was unique about this rally is nine months after january 6th there was this moment where the republican party it seemed like they were maybe going to distance themselves from former president trump, but that's no longer the case. it was very apparent when i was in iowa that trump really is the leader of the republican party at the moment and that was tipfied by senator chuck grassley standing by his side. he's running for re-election for senator in iowa. he stood by trump's side and he accepted trump's endorsement. now grassley was pretty up front
about why he was standing there. he noticed that 91% of republicans in iowa do support trump, so he wasn't playing coy about just the politics of all of it. >> hthank you. >> so the election lies not the only thing the former president is talking about. also mitch mcconnell. here's more from iowa. >> mitch mcconnell did haven't the courage to challenge the election. he's only a leader because he raises a lot of money and he gives it to senators. he should have challenged the election. this bill is a sinister
combination of job killing tax hikes and woke fascism that will destroy our nation. and to think that we had 11 republicans go along with an ext extension. headed up by mitch mcconnell. can you believe that? mitch mcconnell. >> he's talking about the debt limit there. joining me now is scott jennings, cnn commentator and former special assistance to george w. bush. nice to see you. the debt limit discussion aside, i don't want to talk about the policy of that, but what we have here is a contest between trump and mcconnell that has been fears in the making. you say they have fundamentally different aims. >> yeah. mcconnell's aims are simple. it is to regain control of the senate and do whatever he has to do to stifle the democratic agenda until republicans are
back in the majority. trump's aims are different, to regain control of the white house and punish his enemies and all the things important to him. that's two different reasons for being in the white house. a republican party that can govern and trump's reasons for being in politics in trump. those two world views actually were aligned. when trump was the president, mcconnell was in charge of the senate. now they're on two different tracks. >> do you think mitch mcconnell will do anything to get in the way of donald trump's aspirations? >> well, i don't know what he could do, to be honest with you. the reporting you just aired was pretty accurate, i think, with the number of republicans who support donald trump. in my view, if he wants to be the nominee of the republican party, he's going to be the nominee. also, republicans have a really good chance to retake the majority of the senate in the midterm and mcconnell would be well positioned to be the leader
again. i'm not sure trump can get in the way of mckonld and i'm not sure he can get in the way of trump. trump being the mrepublican party. >> i want you to listen to steve scalise, dodging, leaving, lies when pressed by george wallace about the 2020 election. listen. >> at the end of the day, are we going to follow what the constitution says or not? i hope we get back to what the constitution says. but clearly in a number of states they didn't follow those legislatively. >> so you think the election was stolen? >> what i said is there are states that didn't follow their legislatively followed rules. that's what the constitution says. >> last time, i promise, do you think the election was stolen or not? do you think there were irregularities and things that need to be fixed? >> it is not just irregularities. it is states which followed the
laws set which the constitution should follow. >> he spent two minutes getting him to admit the obvious there, but he wouldn't do it. instead he was basically lying there. scott, that's the leadership of the house. it does seem as if that lie is now a similar central part of the party for a lot of people. >> well, i think the house republican leaders don't want to befall the same fate as mitch mcconnell. they don't want to become part of the script at the next trump rally. i do think in the house republican elections that they do believe that donald trump is important, if not central, to their fund-raising options, to their candidate recruitment operations, to keeping them on track to winning the majority. i'm not sure he's quite as central as winning the central majority. those cases have a different
flavor. but in the house, they have tied their fortunes to donald trump. skooef ska lease was reflecting that. i'm not surprised that's the way he was answering the question. >> long term, and i don't know if i'm talking months, years, decades, scott, doesn't the truth matter? won't the truth ultimately dictate the path of things? >> well, you and i have had this conversation on air before. i actually think these conversations about the 2020 election are less impactful on the upcoming midterm and more impactful on the 2024 presidential cycle. ultimately the republicans are going to have to ask the american people for governing responsibility again. that means facing up to the aftermath of the 2020 election and the steps that were taken. while i think the republicans can do well in the short term with this, there will be a longer term reckoning. and that is short of the danger, i guess, of donald trump being
the nominee again, is his unwillingness to own up to what happened. that having been said, joe biden is having a terrible go of it. his approval ratings are plummeting. i think not only is it highly likely trump could be the leader of the republican party for 2024, there is a world in which he beats joe biden to return to the white house because of the way things are going in the country. so ultimately, as republicans, my belief is it doesn't make you a bad republican just to acknowledge what happened. we lost. bad things were done. they don't have to be done again, and we can be honest about that and still ask the american people were responsibility. that seems to be a rational position to have, and i hope more republicans take it. >> scott jennings, thanks for being with us this morning. up next, a police officer and a nurse among the latest victims in a deadly wave of violent crime across the country. plus, the new admission from place in the brian laundrie man
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live for us in chicago with the latest. omar? >> reporter: in nearly every major city, violent crime has been up, compared to the especially violent 2020 according to the major city chiefs associations. and those trends in numbers play out in the form of human life and tragedy. this weekend was no different. and if the form of law enforcement officers and a nurse. >> there was no problems all night and then wild gunfire. >> reporter: a string of violence in a number of communities across the country. in saint paul, minnesota, three men were arrested following a shooting in a bar that left one dead and more than a dozen injured. officers rushed to the scene. they got there quickly and walked into a hellish situation. there were gunshot victims lying in the street outside, inside
the bar on the floor inside the bar. >> reporter: the dj in the bar described the scene. >> i crawled off to the stage so i could see a little bit and the people were running out of there after the shooting stopped. and then i kind of got up to look. and from what i saw there was like four or people people in the party that were down. >> reporter: the city a allocating $1 million for police overtime to deal with the rising crime. >> this is of course one of the hardest nightmares that a community can endure. for our community to wake up this morning and hear that 15 individuals in one moment were shot, that one young woman lost her life, it is just heart breaking and unacceptable. no south carolina two people dead and others wounded after two shooters opened up after a night krub which says local law enforcement is working to identify the shooters.
26-year-old officer dillon harrison was ambushed outside the police department on saturday morning. he is survived by his wife and son. in louisiana, a shooting rampage that spanned over two different parishes left two dead, including a state trooper. the gunman shot and injured two people in livingston and then shot and killed a woman and injured another person. following that shooting, the gunman killed a state trooper. >> a 19-year veteran of our department was ambushed while in his patrol unit. >> a man hunt evennsued until t apprehended 31-year-old matthew myer. a new jersey oncology nurse was shoved to the ground and hit her
head. she later died from her injuries. >> i don't know what to tell you. she's gone. >> police say the 26-year-old man who pushed her was accused of stealing another person's phone right before the incident. he's been charged with murder. >> she's a very kind person. you know, extremely ly sin shee honest and loving. >> the nurse was 58 years old. now, throughout the country, showed a jump of nearly 30% during 2019. as i mentioned before, much of that is carried into 2021. i should mention those numbers are now still about 40% lower than it was in the '80s and '90s. that little comfort, though to the families who lost loved ones
and the family of those still breathing this weekend. >> thank you for that report. we said from the beginning there is a lot of oddness here. your son walks out there. now they're saying on a monday, you know, to report that on a friday and to be confused on what day that was. you know, there is a lot of things that are odd there. >> to be clear, this is the first time that police have spoken like this in public, noting that the things that the family has said over time are odd, suggesting they don't add up. why do you think the police are talking like this now? >> i think the words "oddness"
and "not making sense" is their gentle, nonconfrontational way of highlighting the obvious inconsistencies in the story that the family is reporting. the truth doesn't change and there is some big inconsistencies here. you don't forget. you know, memory doesn't work that way that you would forget the last time that you saw your son. so i think they're turning the pressure up in a subtle way, you know, on the family so that hopefully they're encouraged to be forthright in whatever it is that they or may not be concealing is, you know, ultimately divulged to further this investigation. but i think it is a tactic of turning up the pressure. >> what impact do you think it might have on the family? >> i think they're feeling the pressure big time. we have heard from the sister, obviously, that there is a lot of conflict going on. and, you know, ultimately this
lands at the feet of brian laundrie. it is creating conflict in his family, and i think they will get tired, if they are covering for him, of doing so and hopefully it will through this public method create that pressure so that they're, you know, more forthright with whatever, you know, information they may already have. so i think they're feeling it. >> if you are on the law enforcement side of this, how much longer do you go with this soft approach? when do you turn the switch and get tough? >> you know, that's a good question. i think -- i think they're just going to let it ride like this for a little bit of time while they're concurrently searching for him. so i think they're working it on many different fronts to get the truth out. the biggest front is obviously trying to find him. but anybody who likely has information could be, you know, relevant to the investigation, especially the family who last
saw him. they are also going to be experiencing that pressure. so they're turning it up on multiple fronts and putting the pressure on. so i think it is going to be a while longer until they take a harder line stance. i think they need to get more information, probably, before they're able to do anything more aggressive. so this is where they're starting. >> thanks for being with us this morning. i do appreciate it. >> thank you. >> so one democratic analyst giving his prognosis that his party might not want to hear. they may not see another majority again for the rest of the decade. hear why. plus, how a young boy managed to survive four days in the woods without food, water or shelter. earn at the end of their first yearr automaticalllly woo! i got my mo-ney!y! it's hard to contain yourself isn't it? uh- huh! well let it go! woooo! get a dollar f for dollar match at the end of your first year.
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democrats, will have for the next decade. no hope of a governing majority. the coming year they still control the house, the senate and the white house is their best chance to alter course. if they fail, they will not get another chance, not any time soon. let's talk about this now with david axelrod, cnn senior commentator and the host of the axe files podcast. what do you think? do you agree with what he's saying there? >> first of all, let me say on my own behalf here that it was a late baseball night here in chicago. but, look, i don't think what he said is particularly startling because when you think at history, democrats have a marginal advantage in both the senate and the house. five votes in the house, tied in
the senate. and the history of this is no party in power has gained seats in the midterms few before twice, in '98 and 2002. those were unusual circumstances. so you have got some headwinds going in the first place. then you look at the structure. this is part of the point. the structure of our democratic system is biassed against democrats because democrats cluster around metropolitan areas, and the rural states are becoming more and more red. we're becoming more polarized by education and class. and all this is working against democrats. so, yeah, i mean, look at 2020. donald trump lost nationally by seven million votes, but actually the margin he lost by in that race was something like 43,000 votes over three states,
georgia, wisconsin and arizona. if half those votes had gone another way, he would be president of the united states today. so democrats have real, real challenges. and the surest point is, too, one is we should structurally address them or democrats should structurally address them by adding states, d.c. and puerto rico and through voting reforms to try to stop what republicans are doing in legislatures across the country. his point is you have to do it now because you will not have another chance. and the second point is messaging. that democrats need to focus on broadly popular messages, for example, around the economy. and he points to the elections that i was involved in in 2008 and 2012 and he's absolutely right about that. obama focussed very much on middle-class economics and that was part of the reason why he
was the only democrat since 1964 to carry the state of indiana, for example. so he is in the main saying things that i think a lot of us believe. the one thing i would say to qualify what he wrote is that candidates actually matter. circumstances matter. you know, trump -- if there had not been a virus, a covid virus in 2020, trump probably wins that election. we don't know what's going to happen before the midterms. we don't know what's going to happen before 2024. and then candidates themselves matter. if joe biden is very popular come the midterm elections, democrats will do better. he's acknowledged that as well. i don't think this can all be laid out in a data spreadsheet. there are human factors and there are sicks that will enter
into this as well. but the outlook for democrats is very, very disquieting going into these midterms elections in 2024. >> one of the things they both say is that democrats need to figure out how to appeal to republican voters in republican states if they're going to win. klein writes all this comes down to a simple prescription. democrats should do a lot of polling to figure out which views are popular and which are not. they should talk about the popular stuff and shut up about the unpopular stuff. that latter part, i'm wondering what that is. what do you think democrats may need to shut up about if they want to win some of these republican states? >> this part of his analysis is what's caused great controversy because progressives in the party resent it. they are tailors too much to the college educated liberal whites who now are a dominant part of the party or at least the
droifing part of the party. and, you know, he created controversy by saying defund police hurt the idea of defunding police which no major democrat really embraced, really hurt democrats in 2020. but, look, for divisive issues. you know, immigration is a divisive issue. we should do something about it. finally we have to do something about it, but it doesn't necessarily have to be the thing you talk about day in and day out in your campaign because it makes you feel morally fulfilled. you know, i will tell you guys that back in 2012 when obama was beginning -- president obama was beginning his election campaign, we had a very, very kind of intense discussion because he said there are things, you know, i really want to do, i want to talk about.
and basically what we said to him was we have -- there is one thing that people care about right now, and that's the economy and how they're going to fair in the economy. and we need to be talking about that day in and day out and especially about middle-class economics and giving people a chance in this economy. and we spent a year talking about that. now, we were drawn into other debates at times, but that was fundamental in what we made the campaign about. and there is a lesson in that. you can drive campaigns with discipline. and that's what shore is saying. >> david axelrod, we appreciate you being with us. go sox, both white and red. >> see ya. next, a heart-breaking real life tragedy at the opera. how a deadly accident unfolded on stage. and the miracle discovery of the missing boy found alive after four days in the woods.
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here's a good piece of good news. after spending four days alone in the woods with no food, no water, no shelter. three-year-old christopher ramirez is back with his mom in texas. a good samaritan who learned about this missing boy found him the next day. he vanished after he following the neighbor's dog into the woods. joining me now on this remarkable story is county she sheriff. sheriff, thank you so much for being with us. can you tell us how christopher is doing. >> he's doing very well. he's supposed to be released from the hospital today. >> amazing. okay. >> some time this afternoon. >> some time this afternoon. >> yes, ma'am. >> so he just ran out into the woods. >> his mom and his grandma just got home from selling food on the side of the road as they do every day. they were unloading. he was chasing his dog down the road. they were hollering at him to
come back. they ran after him and then that was it. >> which is amazing. you got called very quickly. >> yes, ma'am. >> and you were searching. i imagine after going into day three and day four, you are hearing the worst. >> well, we were not fearing the worst, ma'am. we were not wanting to, but everybody out there, all the amazing people that helps out, we wanted to find him alive. if it worked out that this good samaritan had been in the right place at the right time, he hadn't even heard the news. he just heard about it at bible study. he learned about his from his colleagues at bible study and
happened to be at the right place at the right time. >> tim, the good samaritan, as you said, first went missing on wednesday. tim goes to bible study friday night. that's when he finds out there is a boy missing. >> yes, ma'am. >> he said he decided on saturday morning that he was going to go looking for this boy and his wife was sort of asking him, what are you doing today? he did his daily devotional as he said he tries to do every day. then he went out, right? he just went out looking. >> he said he had a spiritual feeling at bible study. he said i just heard about it and said, oh, my godness. that's not too far from here. and he just did that and it was such a nice feeling to get that call.
we get out there. and see that was all worth it. bless his heart. he didn't sleep. i didn't sleep. he didn't drink. i didn't drink. just maintain stamina. but i can only imagine what the little boy went through. but thank goodness he's okay. that's all that matters right now. >> how did he survive? we know that part of their effort, they were draining ponds. obviously there was a fear he could have gotten into some water. how did he survive? >> i don't know. he's three years old. he speaks a little bit of english. speaks spanish somewhat. he said to his mom he was okay hand he wanted a coke. >> did he get a coke? >> yes, ma'am.
he got everything he wanted. and then went to the hospital. but i don't know. we were worried about the possibility of that little pond. the divers spend a substantial amount of time there. i mean hours. and they concluded they don't think he's there. that wasn't good enough. i said let's drain it. he wasn't there, which is good. and then just continued expanding and we have all kinds of technology, infrared, sonar. many agents at the state and local level. crews on the ground, helicopters, drones. i think we scared every animal in that area with all the noise. somebody asked me one time about the animals out there. i said i think we sent them ten
miles away because there was nothing out there. >> look, sheriff, i just want to say to you and your office and also to tim the good samaritan amazing, amazing work. it is wonderful to have a good ending to this story. thank you. >> thank you, ma'am. appreciate your time. have a good day sg. here's what else to watch today . passengers in limbo in morning after southwest cap sells flights. >> a u.s. navy engineer that has been arrested accused of trying to sell u.s. nuclear secrets in a tragic scene playing out at the stage at the opera.
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and deaths in half during a trial for people with mild to moderate infections. hundreds more flight cancellations this morning for southwest blaming bad weather and air traffic control issues. the pilot's union is denying speculation about a possible walkout over southwest's new vaccine mandate. a maryland couple was arrested and accused of trying to sell military secrets about nuclear reactors on u.s. subs to someone they thought was another agent from another country. that person was an undercover fbi agent. a deadly accident on stage during an opera in moscow. a performer crushed to death by a piece of scenery as it was lowered near the back of the stage. a camera captured some of the commotion in the theater. ♪ >> russian media says the 37-year-old man was killed when
he moved in the wrong direction there as that backdrop was descending. >> that's sad. a 50 mile race in the utah mountains was cut short after more than 80 runners had to be rescued from dangerous winter conditions. law enforcement says the storm dumped more than a foot of snow leaving some runners with hypothermia. we'll have more on these stories all day on cnn and check out the five things podcast as well, just go to cnn.com/fivethings or wherever you get your podcasts. just ahead the capitol police whistle-blower who claims top officials failed to respond during the insurrection then lied to congress about it. plus, glory. >> do i hear number eight?
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the red sox and rays battled it out in a five-plus hour marathon game last night, playoff baseball is magical. let's go to the top of the 13th, tied at 4 with two outs. runners at first for the rays. kevin kiermaier hits a blast to right center. it looks like a home run. upon closer review, the ball hits the top of the wall, bounces back in and deflects off of red sox right fielder renfro hunter and then over the wall. it's a ground rule double. no runs scored, sox get out of the inning. boston's christian basquez blew the liz off that thing, the first pitch is gone. john, vasquez could barely find home plate because his mates were right there waiting for him to celebrate. the red sox win 6-4 in the 13th inning. boston can wrap up the series with a win tonight.
it's one of four playoff games on the schedule beginning with brewers and rays. john berman smiling after a big boston win is what i love to see. >> it's like five hours. it was going on forever. i'm in bed at the end of the game, you know, it was lunchtime when i started watching it, and i was in bed at the end of the game. it was so fulfilling. >> it was magical stuff. >> all right, coy, thank you very much. and cnn's coverage continues right now. >> good morning, i'm erica hill, jim is off today. happening right now, thousands of passengers are stranded at airports across the country after southwest airlines canceled hundreds of flights this morning, and that of course only adds to the chaos of the past 48 hours. take a look at this video, these are passengers last night at the denver airport. you see just waiting, looking at phones. over the weekend, southwest canceled more than 2,000 flights.