tv New Day With John Berman and Brianna Keilar CNN October 14, 2021 2:59am-4:00am PDT
that's because you all have xfinity mobile with your internet. it's wireless so good, it keeps one upping itself. a crucial day in the fate of covid boosters as the fda gets ready to make a big decision. and on the day the biden white house releases its report on whether the supreme court should be expanded justice steven
breyer sits down with cnn. a big ask he has for the american people. ♪ good morning to viewers here in the united states and around the world. it is thursday, october 14th. and today we're going to find out how aggressive the january 6th committee will be as the standoff with donald trump's former aides is about to come to a head. depositions are scheduled this morning for kash patel and for steve bannon. overnight, bannon's lawyer confirming that his client will refuse to provide testimony. now, former president trump has been urging his loyalists to ignore these subpoenas from this committee. lawmakers, though, say they are prepared to pursue criminal charges for noncompliant witnesses. >> we're not willing to allow them to play rope-a-dope in the
civil courts that way. we will go straight to criminal content and expect the justice department, unlike the last one, to uphold the principle that you cannot say i'm not going to comply. they can go to jail over it. >> a new subpoena issued for former doj official jeffrey clark. it was clark, you may recall, who drafted the letter falsely claiming that the justice department found voting irregularities in georgia. the january 6th committee met for eight hours with the man clark wanted to sign the letter, jeffrey rosen. there is a battle over executive privilege. the former president is trying to block the release of documents from the national archives. let's talk about this with elie honig. elie, we know at least two of these people who were subpoenaed are supposed to show up and
testify today. >> today is deadline day. the committee will have to make big decisions. now when the committee first sent out subpoenas, it gave them short deadlines on purpose. it wanted the documents on the 7th. reportedly, they haven't gotten any or very few of those documents. today is the day bannon and patel are supposed to testify. meadows and scavino tomorrow. if they do not testify, the committee will have to make important decisions. here's why they are so important. adam schiff told you, john, look how young you are, two days ago, told you these four witnesses in particular are in position to know exactly what the president was doing, what the response was like, why we weren't better prepared and the role of the administration of this attack on the u.s. capitol. the witnesses go right to what was happening in the white house january 6th. >> one of the things adam schiff right there told me right there is they are ready to do a
criminal referral if they don't show up. what's the process? >> and the big word is this four letter word, we will, we will refer it to the kwrts department. not the usual hedging. we will consider all our options. if they do that, the big decision will come down to merrick garland. adam schiff, by the way, has been putting pressure on merrick garland. a lot of pressure on him. now, if you look at the history, will merrick garland charge, on the one hand. yes, it is a federal crime, punishing by up to one year. minimum of one month. however, if we look at the history, it's been over 50 years since doj has criminally charged anyone for this. in the last decade or so, we have seen both parties get contempt referrals. barr and wilbur ross under the
trump administration. learner and holder under the obama then station. we will see if merrick garland recognizes we are in new territory here >> there is also a civil track. >> absolutely. they could go to court and try to compel the witnesses to testify and compel documents. we will have a battle in the courts over executive privilege. joe biden has said, i'm not asserting executive privilege. meaning those documents can go over to the committee. unless donald trump objects, he has made noises that he will object, but now he's got to go into court. now the legal question is who gets to exercise executive privilege. and the weight of the law tells us logically, it will be the current president joe biden. donald trump will be a major uphill battle. anything that ends up in the courts you to watch the clock, the calendar. they are only about nine months
in. january 3rd of 2023 we could have a new house. the don mcgahn subpoena dispute took almost two years. that was unacceptable. this was a long time ago. just for historical perspective, richard nixon from subpoena to supreme court took three months. our judges need to do better and act more quickly here. >> while this is all going on, we learned jeffrey clark received a subpoena and jeffrey rosen actually testified yesterday to the committee. >> yeah. this is really important. doj is an inextricable part of the picture here. rosen was the one who stood up and said we're not going for this bogus election fraud stuff. jeffrey clark, remember, tried to get doj to send a letter to the state of georgia saying, quote, we have identified significant concerns that may have impacted the outcome of the election in multiple states, including georgia.
that is just not true. that's a fraud. that is false. that's why jeffrey clark has been subpoenaed by this committee. one thing i found so notable, in the letter here's what the january 6th committee said. they have credible evidence that you attempted to involve the department of justice in efforts to interrupt the peaceful transfer of power. as a justice department alum, that is alarming and true alarming statement that this high-ranking official trying to interrupt the transfer of power. >> we will know in a few hours what direction this is headed in. >> brianna. >> you're not helping. that is what a lot of americans are thinking. if we don't solve the presidential election fraud of 2020, republicans will not be voting in 22 or 24. it is the single most important things for republicans to do. of course there is no evidence of widespread voter fraud in the
2020 election. president biden won a free and fair election. let's talk about this statement with cnn political analyst and washington correspondent for the new york times, maggie haberman. it's interesting because obviously trump is aware of what happened in georgia of his possibly depressing the vote there. yet here he is again. >> here he is again. he is saying something most republicans in positions of authority in congressional and senate committees would like him not to be saying. but, brianna, they are not saying publicly he's got to stop doing this. they are averting their gazes and hoping it goes away and hoping not to amplify it. and basic live having the same reaction we have seen from republicans in six years, what's the harm in ignoring this or humoring him. i don't want to go through short-term pain because i think it won't be worth it. when in fact, trump takes it and
just goes on. in the two runoffs, his statements about election fraud did impact turnout in those races. the republicans lost both races. trump is setting up a litmus test on something most republican relationship would be about. they have one on covid and one on the economy. this is not something that appeals to general election voters the way it does to trump supporters. and the more he continues this, the more it is problematic for his party. >> does this tel l tracking down
bid. i wonder what you think about that if that's different in the house versus the senate. and if that is just what they are saying publicly versus privately. >> so it's a great question. in terms of what they're saying publicly versus privately, there are a number of who will say privately they wish he was saying something different. that has been a theme for five years. it is different in the house. a number of districts are set up in such a way that republicans are going to most likely win regardless of who the democrat is on the other side. barring trump saying something that becomes very problematic for them or a change in the landscape, the senate is different. it includes some states where trump is not popular and where trump's comments are going to be more problematic. i think it's not surprising that you are seeing republicans publicly hitching their wagon to him because he is still pretty popular with republicans. it doesn't mean they all want to
see him run again. there is a sense of mixed feelings about that among republican primary voters. but he is still very, very popular with republicans. they need republicans to turn out in order to win their seats again. it's not a surprise. one thing we saw in 2018 was that, and in other races, he's a good turnout generator for himself among new voters. remember in 2016 and 2020, he got a bunch of new voters who had not voted before. he's not a great turnout generator for people down ballot when he is not on the ballot himself. i think that is the risk there. >> indeed with statements like this we saw from him overnight. maggie, thank you. >> thank you. is it safe to mix and match coronavirus booster shots? we have reports of a new study. some republicans banning all vaccine updates. measles, rubella.
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doctor, always a pleasure to speak to you. you will be considering booster for johnson & johnson and moderna. we'll see that's where this is headed. i think one of the more interesting discussions that will come up is new research on mixing doses for the boosters. if you have had johnson & johnson, getting moderna with joh johnson and johnson. >> it will be a discussion that happens on friday afternoon. and i think why it might be advantageous, there was recently a study in "the new england journal of medicine" looking at people who got the astrazeneca, similar to the johnson & johnson vaccine. they divided them in half. one half got the second dose of as extra zeneca and the second
got mrna, the moderna vaccine. it had a much broader response against all different kinds of variants. there was advantage to getting the boost on that astrazeneca vaccine. those are the studies you need from which we make the best recommendations. >> in terms of the raw booster, what will you be looking at? . >> well, we will be looking to see whether or not there was a clear booster dose response for that third dose as compared to the response after the second dose. i think people should be reassured, though, that right now all the evidence is if you have gotten two doses of mrna containing vaccine it still protects against serious illness that causes you to seek medical attention, go to the hospital, the intensive care unit or worse, it's holding up. it's holding up against the delta variant, both mrna
vaccines and all age groups. if you got two doses of mrna containing vaccines, you are protected. it is immuno logical memory cells, which are long lived. those should be reassured by that. . >> i want to ask you about something happening in society. it seems the anti vax rhetoric in regard to covid is spreading to all vaccines. you have jim jordan of ohio writing, ohio should ban all vaccine mandates. of course that would mean the requirements that have existed in schools for generations for things like measles, rubella, vaccines shown to work there. what's the impact of this? >> i think it would be tremendous and awful. we have had school mandates since the 1970s. they were borne of measles in places like los angeles and detroit. they work. what we found is because of
school vaccine mandates, we basically eliminated measles from this country by 2000. we basically eliminated rubella, or german measles, by 2005. if we roll back the mandates, we will take a giant step backward in time. there is probably no better example how they work than the state of mississippi. mississippi has one of the lowest if not the lowest rate of covid-19 vaccinations, mid 30% to high 30% range. what state in this union has the highest rate of vaccines for children, and the answer is mississippi. the reason is they have never had in their school mandates a philosophical religious exemption. they are one of two states that have that. they have 99% vaccine rate for your children. you can compel by mandates people to do the right thing. >> what happens if all of a sudden in schools in ohio they go from i don't know what they're at now, 95% and higher, but what if it were to go down
to a measles outbreak in a school like that. >> it is the canary in the coal mine. measles is always the first disease to come back. that's what you will need to see. you need to be in the 90% range because it is so contagious. it is much more contagious than the delta variant. it has a variant of 5. meaning i will infect five other people if i'm infected. it is highly contagious. again, children will suffer measles. before there was a measles vaccine in 1963, there will be about 48,000 children who would be hospitalized by measles. every year 500 children who would die. we get to go back to that time. it's giant steps backwards. it's really hard to watch. >> you devoted your life to
this. i appreciate you being with us this morning. >> thank you. we have a brand-new interview with kyrie irving. why he says he would rather be benched than get vaccinated. plus, gas prices surging across the country. when should we expect some relief at the pump? do you struggle with occasional nerve aches in your handor feet? try nervivenerve relf from the world's #1 selling nerve care company. nervive contains alpha lipoic acid to relieve occasional nerve aches, weakness and discomfort.
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>> reporter: exactly. we are seeing over $4 a gallon in some states. behind me in new york city, 4:15 a gallon. we haven't seen that in so long. we're not even at the peak yet, which means americans can likely expect to pay even more at the pump. from coast to coast, there's a consensus. what do you think of the price kwrao you seeing on the pump? >> it's getting pretty high. >> it is bad. prices are really high. >> reporter: the prices per gallon the highest in years topping $4 in some states. crude oil, the largest driver of gas prices, went negative last year. and now over $80 a barrel this week. and it may only get worse >> we haven't paebgd this year yet. we are seeing the highest price of the year right now. >> we are not at the peak. what does that mean for you? . >> well, that means i might
travel closer to home. >> reporter: gary christianson stopping for gas in new jersey while on a road trip to maine. . >> this is another 50 cents higher than what i paid for in virginia. >> reporter: he said it's only gotten more expensive as he makes his way north. >> do you remember a time in history when gas prices were this high? >> oh, i remember jimmy carter. you were waiting even odd days going and trying to get gas. >> reporter: that was in the 1970ss, when an arab oil embargo and conflict in iran led to a shortage of oil. from 50 cents a gallon to over $1 in a few short years. in 2008, global demand for gas and supply change concerns sent prices to a record. and in 2014, more global unrest in the middle east sparked another gas shortage, sending prices sky high. . >> we are in a very different
place. there's plenty of gasoline, plenty of product. you just can't get to it. >> reporter: that's because opec, the biggest oil producing nations, aren't increasing the amount of oil they release into the economy. so as demand rebounds in the u.s., americans are paying about $16 more to fill up their tanks than a year ago. >> it's getting kind of ridiculous. people are still trying to get back to work. now i have to pay more for gas just to get to work. >> reporter: california leads the way with the highest gas in the country. with rates in washington, d.c., kentucky and indiana up as high as 17 cents a gallon in just the last week. the pain at the pump is very real. >> it's like do you want to eat steak or fill up your tank? >> reporter: and that simple choice between paying a little bit more for food or gas is
exactly why president biden is making addressing these high gas prices a priority. but, brianna, there's very little he can do except to release more oil from our nation's oil reserve. the administration says it doesn't plan to do that. until then, we are just going to have to ride out this wave of higher prices. brianna. . >> that is not fun to hear. all right. vanessa, thank you for that report. georgia republican senate candidate and former nfl star her nell walker canceling a fund-raiser after anti-semitic messages are found. a man with a bow and arrow kills five people. what police are saying about the suspect. love is a roller coaster. to each their own love. the vera wang love collection. designed foror zales the diamond store.
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fund-raiser that would be hosted by a film producer whose twitter account with a swastika. joel rubin is the executive director of the american jewish congress. i'm sure you have seen that before. it is made up of syringes. one of many images now being used by the anti-vaccine community to suggest somehow that this effort to vaccinate people is tantamount to what happened in nazi, germany. broadly ebg intoing, when you see images like that, what's your reaction? >> well, john, it makes my blood boil. this is not an anomaly. this is now part of a disturbing trend in our politics. we are seeing politicians normalize hate symbols, the use of hate language.
they have reporters doing the same. this most abhorrent similar poll is not just beyond the pale but should be an embarrassment to all americans. >> this ant a one-off at this point. it seems to be getting more pervasive among parts of the aept vax community. >> we have been studying this in depth and issuing reports, researching what's happening online and social media and this confluence of hate symbols, hate language, anti-semitic tropes and extremism as a way for mobilizing political power. so we see politicians leveraging this hate to grow their base, to grow their voting potential, to grow their fund-raising. we see politicians like marjorie taylor greene raising money off platforms that host symbols like this we have denounced.
we need politicians to to stand up and speak out against it, not aoe equivocate, not wink and nod at supporters, which is what is happening, why this continues to grow. >> leveraging hate. people should think about when that has happened in our world history before. leveraging hate for their own political gains. i want to read the response from herschel walker's campaign, which did cancel the event. the walker campaign says herschel opposes hatred and bigotry in all forms. despite the fact that the apparent intent behind the graphic was to condemn government vaccine mandates, the symbol used is very offensive and does not reflect the values of herschel walker or his campaign. is that enough. >> no. it is mealy mouthed. we are seeing state-level races,
in virginia recently, with imagery of gold coins next to a jewish candidate. with fund-raisers where neo nazi. we need leaders to speak up and speak out. if they don't do it, they are supporting this trend. and that can't happen in the united states. i was just in germany giving talks to germans and with germans about the rise of fascism and anti-semitism and extremism. we need to peek out loudly and clearly. the germans know this. they know this hate festering leads to horrible outcomes for everybody. certainly for the jewish people, certainly for what occurred in europe and world war ii. it just wasn't enough. >> i appreciate you being with us. >> thanks, john.
the suspect in a deadly bow and arrow attack converted to islam and may have been rad radic radicalized. there were concerns about radicalization, but that was before this year. the bow and arrow attack is the deadliest in norway in a decade. >> professional thieves targeting drug stores in san francisco stealing thousands of dollars worth of goods. what's behind this blatant ramp in crime spree? an interview with justice stephen breyer. >> you still get these kinds of questions. from the start they were asking would you be liberal enough. right here we are after 27 years there are expectations whether you would want to retire to help out joe biden. >> his response next. certified turbocharger, suspension and fuel injection. translation: certified goosebumps.
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halloween is just around the corner, but the northeast experiencing higher than normal temperatures. it feels like, i don't know, maybe labor day here, chad. or flag day. i don't know exactly when that is. chad, heats going on with the warmer weather? >> you know, 75 in rochester in october. i mean, come on. that really is a july temperature. it's going to be very nice today. but things change on saturday and certainly into sunday this.
weather brought to you by servpro, making fire and water damage like it never even happened. so what is happening? the east coast is warm on this side of the front. significant snow is out west the past couple of days. even some of the interstates have been shutdown because of the heavy snow out there. that air is moving to the east. not the snow, but the colder air will replace the warm air that's here. another good day friday, saturday. all of a sudden saturday night thunderstorms colder air coming in and the west shifts. the west warms and melts the snow. look where we go. 78 tomorrow, friday, all the way to 63 on sunday. yes, that is the cold front, john. . >> all right. we're watching it carefully. thanks so much, chad. >> that means you will be mowing your lawn in a tank top this weekend. >> tube top. . >> i cannot unsee that. all right. this morning a brand-new wide-ranging interview with
stephen breyer. justice breyer responding to constant criticism of the nation's highest court and a commission that has been looking into potential reforms, including calls to increase the number of seats on the bench. >> i've seen the court over 27 years. to try to explain a little bit of its history so that people understand that it's always been controversial. and how difficult it is to get people to accept rules, decisions that they think are really wrong. yet, if they don't, we won't have a rule of law, and it will be harder to hold us together. before people make changes in the court, i would like them to read or otherwise understand what i've written and to think about it pretty deeply. and it is an institution.
i'll just repeat this. it's an institution that fallible though it is, over time has served this country pretty well. >> and joan is with us now to discuss her interview with the justice. this is an embattled institution. and he's sort of taking a different tack than some of the other justices. he very clearly has faith in it. >> he has faith in it. and he has stayed on message. the reason he's been sitting for interviews, he's been promoting a book about how the court is not a political institution. and it's a tough time to be promoting that kind of message given how deeply split they are and recent rulings and orders against the biden administration policy and to let texas enforce its abortion ban for pregnancies after six weeks. so the court is right in the middle of a big storm right now. and what justice breyer is saying, it's always been
controversial. he has faith. he certainly has faith. and he did not veer off of that. i asked about proposals. he warned against court packing. he warned against any kind of efforts to see more about how the court processes work. he talked about the importance of being more private in the justices conferences so they would have confidence to discuss cases without fear of people knowing how they might have voted in private or their confidential exchanges. and he also resisted ideas about the justices being formally covered by an ethics code. right now only lower court judges are covered by that. and he had cautions on everything. and, you know, what i said, look at what's happening. i brought up january 6th. i brought up the continued controversy from the far right wing and donald trump over the election results.
and he just brushed those aside and essentially said, things are good. now he's been here 27 years. and he separates himself on that message from his fellow liberals. like justice sotomayor who warned, we're going to have some unfortunate disappointing rulings coming up. a huge amount. he didn't want to go there. and he didn't want to go where elena kagan has gone to criticize some of the justice's processes that she said seemed too hasty and getting harder and hard tore defend. >> actually saying nothing to see here. obviously, he's been facing a lot of pressure. democrats are worried if he doesn't step down because he is up in years. if he doesn't step down while president biden has the ability with the senate to confirm another liberal justice, right, he's facing a lot of pressure. let's listen to what he said when you asked about that. . >> does it irk you that you
still get these kind of questions from liberal democrats. from the start they are asking whether you would be liberal now. right here we are, after 27 years, there are expectations about whether you would want to retire to help out joe biden. >> and does it irk me? i'll tell you. the truth i think is there's always -- you can always hope for your more mature self which is there sometimes. and this is a country, and every day i see this in this document. number one, it is called freedom of speech. that means freedom of thought. freedom of expression. >> but are you really -- you must be irked somehow. this must drive you nuts a little bit, right? >> if you can, i mean, please. >> i didn't mean to slip into an informal way of asking you a question, justice breyer. . >> i was thinking of harry truman, if it's too hot, get out of the kitchen. it's far from the worst thing in
the world to have people say mean things or nice things or this thing or that thing about you. and really, if you're not prepared, of course people will get upset about all kinds of things. that's why we have this first amendment. we have it there so people will say things that you might not like and that i might not like. that's why it's there. >> people say mean things. whatever. that's me paraphrasparaphrasing. >> he's a tough person to interview, as you can tell. he does stay pretty much with his message. and democrats are so darn frustrated with him. the reason i referred to his 27-year tenure, i went back and found a clip from 1994 when president clinton rolled out his nomination. and he said to then judge briar, that do you say, maybe the president couldn't have gotten a
stronger liberal to take on justice scalia? he said i'm a justice for all americans. and he is still saying that. and that strikes some people as being a little too eye tealized in these tumultuous times. but that's his story, and he's sticking to it and staying on the court. . >> old school. . >> yeah. let me say this for all the people who wonder when he will go. look, he's in the middle of this term. i presume he will ride it out until next spring, june when they finish. but then, you know, i think there's probably a chance he leaves before the midterm elections. but right now he's giving no sign publicly of that. . >> joan, thank you for talking with us about your interview. today is a critical day in the capitol riot investigation. we'll be joined by a florida school board members who has received violent threats for advocating masks. >> i saw them following my car
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a florida school board member's comments going viral over what her family has been going. >> i don't object people coming here and speaking their voice. i don't reject them standing outside my home. i reject them following me in a car, following my car around. i reject them saying they're coming for me, that i need to beg for mercy. i reject that when they are using their first amendment rights on public property, they're also going behind my home and brandishing their weapons to my neighbors. they're making false claims to me against my daughter that i have to take a dcf to go underneath her clothing and check for burn marks. that's what i'm against. >> all right. that is jennifer jenkins, educator and school board members for the third district.
jennifer, i get anxiety just listening to what you're going with. that is child protective services being called on you by someone harassing you. who are these people harassing you and how often is this happening? >> to be honest with you, this has started over quite some time. i was elected almost a year ago. i would say about six months ago is when the first group of protesters came in front of my doorstep. the people who were involved in this are a minority of voices. the majority of voices here in brevard county support me. and i believe agree the things that i agree with. but unfortunately it doesn't take -- it just takes a minority to terrorize you and harass you. and when there are no consequences for that behavior, it just becomes normalized and accepted. and to be honest, it didn't just start with masks. this came from these minority of people who have been on the
losing side of the democratic process. the same process that they claim to support. it was started by the renin couple bent that i defeated who could not accept her defeat and started an organization that started to let her supporters know from day one their disdain for me and the ideas that i support. . >> let's listen to one of these interactions that you have had to endure. >> i'm not in public office. he who has nothing to lose is the one to fear. not someone like you. . >> where is that? that's your house? . >> that is directly beside my daughter's bedroom on the streetside, on the sidewalk of my home. . >> okay. they're making your life hell. what is their goal, do you think? >> you know, i don't understand their goal, to be perfectly honest with you. i am not against people using
their first amendment rights. i'm not against them protesting on public property, which is the sidewalk. however, i'm just against them terrorizing me and threatening me. and i think it's the most useless and silly form of trying to motivate me and any elected official. to be perfectly honest with you, it doesn't work. it doesn't motivate me. it never encourages me to do anything they want me to do. it only has me put my feet stronger on the ground and stand up for the convictions that i have. . >> jennifer, real quick, before i let you go, they shouldn't be allowed to stalk or harass you. that is against the law. are you getting help from police and authorities? . >> i am. the satellite beach department is right on the block that i live on. and they have been really good lately when it comes to these threats that have been happening to me, as well as the brevard county sheriff's office that is linked with our district security. they have been very, ver