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tv   New Day With John Berman and Brianna Keilar  CNN  November 1, 2021 2:59am-4:00am PDT

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good morning to our viewers here in the united states and truly around the world. it is monday, november 1st. i'm john berman with brianna keilar. and wolf blitzer is standing by in scotland. because right now president biden set to arrive any minute there for climate talks with more than 120 world leaders. it is a key stop on a high-stakes foreign trip that already delivered major news on trade and a deeply personal and unusual papal visit. and while he is overseaed he could be poised finally, as far as he's concerned, for a key vote now appearing to be imminent here at home.
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>> here are the five keys of this plan. 100% clean electricity by 2035. switching over to electric cars and buildings, helping people transition away from wasteful appliances, reducing emissions from super phraoupbtants and scaling up carbon removal. a new report from the world meteorological organization says the past seven years on earth are on track to be the seven warmest on record with record levels of greenhouse gases, with far-reaching repercussions for current and future generations. that is what the report says. now to cnn's wolf blitzer in edinburgh, scotland. this is an important trip for the united states and its global partners. >> reporter: it certainly is, brianna. it's so, so critical right now what these world leaders decide to do in the coming days
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potentially could have life and death impact on millions and millions of people around the world. so it's critical right now for all of this to develop. the question is, what are they going to achieve? are they going to get the job done? there's a lot of skepticism. they had the g20 summit in rome. they have to make a whole lot more important decisions. but the u.s. wants to take the leadership role in all of this. one of the key problems, some of the major polluters, china, russia, saudi arabia, they have sent delegations here. but certainly not the leaders. they're not going to be here. president putin is not going to be here. president xi of china isn't going to be here. they want face-to-face talks. they didn't have cop 26 because of the covid-19 pandemic. about 20,000 delegates are now
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arriving here in scotland to participate in cop 26, cop conference of the parties 26. but they've got two weeks to make some decisions. one of the most important decisions they are going to have to make is money. it's going to cost tens of billions, hundreds of billions of dollars to get the job done the next few days. it will be a huge, huge challenge. i've got to tell you guys, coming into this cop 26 summit here in scotland, there was a lot of skepticism among well-placed sources. the words are strong. they will get the job done. will the words be follow up with action? >> a little wrinkle in all of this, wolf. jen psaki announcing she has tested positive for covid. she's not on the trip right now. what do we know about how she's doing and her contacts with the president?
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>> reporter: one of her kids had covid. i'm sure it's a disappointment. she put out a statement saying thank god she had been fully vaccinated and it will reduce the possibility of any complications. but it's a disappointment. certainly jen psaki would have liked to have been here briefing reporters, talking about what's going on. it's a disappointment. it potentially could have been a whole lot worse if she had not been vaccinated. she has been vaccinated. she'll be fine when all is said and done. she has to quarantine. she has to stay home. that's why she is not in scotland right now. i have to tell you guys, the covid restrictions that have been in place for these 20,000 delegates gathering in scotland right now are really intense. if you haven't been fully vaccinated, you have to be tested every single day to make sure you don't test positive for covid. they are really being very, very careful with the masks, the
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social distancing. as i said, they didn't have this coaches last year because of covid. they were determined to get-together to meet. boris johnson wanted everyone here. not everyone is here, obviously. but president biden will be here in a few -- i think later this hour he is scheduled to arrive here in scotland. he will be taking a major, major leadership role in trying to get the job done. we'll see what happens. then he heads back to the united states. and i know, and you guys know well, he is deeply disappointed they didn't pass the infrastructure and the social spending bills. they hope it gets done in the coming days. it's not a done deal yet. it won't obviously be resolved. we'll see how they do. . >> wolf blitzer, we'll be back shortly as the news develops there. as wolf was saying here in the united states, a critical and potentially historic week for
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the biden agenda. progressives signaling they will back both economic bills when they come up for a vote. and that vote seems likely later this week. cnn's lauren fox live on capitol hill. i said seems, lauren. you tell me. is it really going to happen this time? >> reporter: a major breakthrough over the weekend with progressives saying they are going to support both pieces of legislation. both the larger social safety net bill which they said they supported at the end of next week and, more importantly, the bipartisan infrastructure bill. progressives have been arguing they could not get behind the bill until they had assurances from moderate senators they would support both bills as well. the trust gaps seems to be at the moment but obviously this isn't a done deal yet. president biden taking off from rome to the united king bottom this morning, hopefully his domestic agenda will land by the
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end of the week. at the g20, biden saying he's confident about moving forward. . >> i believe we will pass my build back better plan, and i believe we will pass the infrastructure bill. >> reporter: back home on capitol hill, democrats signaling votes could happen as soon as tomorrow. . >> democrats have been united in their value of what we need to get done. and i think that you will see people come together this week and get two bills that are badly needed, done. >> reporter: after months of negotiations, biden announcing a slimmed down version of his economic and climate bill, eliminating key priorities, including a paid family and sick leave program, free community college, and expanding medicare to include dental and vision. despite senator kyrsten sinema's silence, they believe she will
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ultimately support the bill, according to multiple sources knowledgeable of the conversations. it is unclear how senator joe manchin will vote. last week the west virginia lawmaker said he will settle for the $1.75 trillion price tag. >> we have already pared this down. we just need man shin and sinema to also want the same thing we want. >> reporter: even with the massive cuts, biden's bill still features funding for child care, universaling pre-k, a year-long extension of the child tax credit, and billions to invest in combatting climate change. one biden official suggesting paid family leave and expanding medicare benefits could be on the table later in the president's term. . >> the fight is not over. this is not as though we're done and going to go home. you don't get everything you ask for all the time. this is a compromise.
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>> reporter: senator bernie sanders saying it's key to get all on the same page ahead of the vote. >> i think there has to be a framework agreed upon in the senate all of us know will be implemented before the members of the house vote. >> reporter: after house speaker nancy pelosi delayed the vote on the $1.2 trillion bipartisan infrastructure bill last month, progressive democrats say they're ready to give biden their support. . >> the president has shown patient and extraordinary leadership. it's time for this party to get-together and deliver. >> reporter: the one outstanding issue, john, that remains is negotiations over lowering the confident of prescription drugs. this may get pushed until later in the week. but sources i'm talking to say progress is being made. and a slight delay shouldn't be taken as a sign that things aren't moving forward.
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john. . >> if the vote were to happen this week at all, i have a sense the would you say would be ecstatic given how long it's taken. lauren fox, thank you for your reporting. in the meantime, we are learning what is in the documents that former president trump wants to keep secret from the january 6th committee. a new filing from the national archives has details about who the documents concern and how broad the request is. let's walk through this with our senior legal analyst, elie honig. what first is in these documents? >> brianna, you can cold it a gold mine, treasure trove, holy grail. we are learning how crucial these are going to be to the january 6th committee's investigation. first of all, we now know who these documents specifically relate to and were created by. we're talking inner, inner seller in the west wing, oval
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office. former president donald trump, mike pence, mark meadow, the former chief of staff, kayly mcenany, stephen miller, and patrick philbin. his inner circle on january 6th. we are learning a bit more about the specific content of the documents. 770-plus pages involved here. they include handwritten notes,s internal memos, call logs, draft speeches and something called the daily diary which lays out the minute-by-minute communications of the president. how did we end up here? the january 6th committee served an opinion on the national archives to get these documents. donald trump, however, filed a lawsuit saying, no, no, no, you can't turn the documents over. they ever executive privilege and other legal arguments. on the other side of this lawsuit, we have the national
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archives, bennie thompson, the white house, the president, and the house of representatives, the current house, plus a group of 66 lawmakers, including 22 republicans. trump is on a bit of an island when it comes to this lawsuit. >> does he have any standing here? . >> so, it's a good question. we don't exactly know. the key concept is executive privilege. can a former president invoke executive privilege? we know from a case in 1977, the privilege survives the individual president's tenure, meaning there could be an instance where a former president can invoke executive privilege. but the current president is in best position to assess the need of the executive branch and to invoke the privilege accordingly. if we look at recent history, we have seen examples where the current president is making that
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decision. in 2001, george w. bush invoked executive privilege from 2013. in 2009, barack obama voted not to invoke executive privilege from george w. bush. it has been the current guy, the current guy. joe biden has been making that same argument in court. one thing so important to remember, however, even if donald trump can somehow invoke executive privilege, that is not going to be the end of it. they will have to do a balancing act like they did in the richard nixon case. what is the need for the documents to come out and how important is it they remain secret. . >> even if he's not successful, it takes time. which may be the point here. walk us through what is next and how long in total this could take >> yeah. we're in front of the district court now.
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now, the judge has an interesting history here. she has gotten several of the january 6th cases relating to the criminal cases against rioters. and she's made interesting statements about the way she views what happened on january 6th. she said in one case, quote, a violent mob seeking to overthrow the lawfully elected deposit and a very real danger to our democracy. that shows judge chutkan takes what happened january 6th very, very seriously. we are at the lowest level, u.s. district court. that's trial court. whofr loses this case, and they will argue it on thursday, surely will appeal to the middle level, u.s. court of appeals. and whoever loses there will try, and the key word try, to get supreme court to take the case. they only take a small percentage of case. however, this is the kind of constitutional showdown, congress versus executive
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branch, current president versus former president. the arguments we will see this week will be absolutely crucial, brianna. . >> hraorbgs we'll be watching. look, i think we'll be talking a lot about this in the coming months. up next, don't call it a comeback. the houston astros pulling out all the stops in game 5. >> throw by rosario. and maldonado with another rbi. . >> the excitement, the upset. coy wire has our bleacher report. plus, former president trump stoking thes from tradition again. why he is doing the tomahawk chop.
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houston, we have a game 6. the astros staving off elimination, beating the braves, bringing the world series back home, which is always wonderful. coy wire has more in the "bleacher report". >> reporter: hi, brianna. i was there. one woman drove with her three boys all the way to tennessee. they didn't have tickets to the game, they just wanted to be there. braves looking to celebrate the first world series championship since 1995. and they came out firing on all cylinders last night. adam duval hits that ball out of here. empties those bases. a grand slam on the very first pitch. the astros kept chipping away. swanson helping houston tie it
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in the third. the astros would take the lead in the fifth. gonzalez and his third at-bat comes out in with a two-out, two-run series making it 7- 5. the astros go on to win it 9-5. now, as you mentioned, brianna, the series heads back to houston. . >> we win 3-1. now we are down 3-2. if there is one team that can accomplish that in this league, it's us. we are staying confident. we will go out and battle every single inning and try to win every single pitch. >> the braves lead the series 3-2. mlb teams who have had such a win, brianna, have won 69% of the time. . >> they have a shot then. they do have a shot. 31%. a pretty good one, i would say. coy, thank you. former president trump talking his way into the world
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series. he went start claiming he was invited by major league baseball. reporting quickly contradicted that. while he was there, he gave the tomahawk chop that critics said mocks native americans. joining us now is cnn political analyst maggie haberman. he put out a statement that said, looking forward to being at the world series in atlanta tonight. thank you to the commissioner for of baseball rob manfred, and randy levine of the great new york i can'tyankees. he called and we were very surprised. of course we said yes. >> i think there was reporting from the braves ceo saying that
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he had sought this invitation. i'm not surprised by he said he got invited when he asked for the invitation. but once again his efforts to get attention work. there was this effort -- he was telling people to boycott baseball. other people were telling corporations to boycott him. now here we are several months later, 10 months after january 6th, trump is asking to be let back into this major event. he frames it however he wants. people will remember his statement. and he gets attention. so, yes, it isn't true -- what he said is not true just based on what the ceo of the braves said before. this is exactly the playbook donald trump plays every single time when he gets pushed to the side in public life, he finds a way to inch back in. . >> and he got the picture of the tomahawk chop. . >> he got what he wanted.
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he is absolutely saying something that isn't true. but he doesn't care. whereas other people to care. and he is been deprived of the attention, the most he has had in his life. >> why does he want the attention? . >> it is not simply about running for president. certainly that is part of it right now i suspect. . >> the reason i ask why does he want the attention, tim scott, senator from south carolina, who some see as a possible presidential candidate was asked directly about it over the weekend and said if trump is running, i'm going to support him. >> it is true, would you be behind him. and he said of course. you're right. tim scott is not only seen as a prospective candidate but attractive candidate to a lot of republicans who liked trump's policies, did not like trump's behavior. i have heard tim scott's name over and over again. it is interesting you are hearing him say that publicly. at the moment what i'm hearing
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from a bunch of other republicans privately, again, they're not saying it publicly. that's the asterisk here. but they are saying privately trump is not a factor. mike pompeo has told a number of people he told trump directly he will run even if trump runs. did he get annoyed? no one knows the conversation between them. but he said other republicans are signaling mike pence. he will have a hard time running, as would mike pompeo for the same reason. i think you are seeing more often than not, republicans trying to signal they are going to do what they want. trump is the 800 pound gorilla in this race. >> how long will he wait before he lets them know? will someone like mike pompeo have to get in just to get in? . >> everyone else has a different
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consideration. he could wait until 2024 to get in. it would be bad pore his party, but it would be on his own timeline. >> eastman who wrote "the blueprint," the washington report said he wrote the pence's people saying this is your fault because you didn't step in the way. and andrew kids in sky and the k file team put out an interview that eastman did with steve bannon on january 2nd that gives us a window into eastman's state of mind. let's listen to that. . >> is there a way, an alternative way that you see the power through this using either the electoral control act or some decision made that the vice president of the united states grows a spine and understands his constitutional duty as you interpret it, mr. eastman? . >> those slates of electors aren
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valid. and i think if the vice president, as presiding over the joint session, would at least agree because those ongoing contests have not been resolved, we can't count those electors. >> why is that significant? . >> it's significant for a couple reasons. number one, it eliminates the timeline. anything that eliminates the timeline to january 6th is important. it's important, two, because john eastman, in a number of statements, particularly with the national review, that was the most prominent, in recent days said what i wrote on paper, i didn't believe in any of that. i didn't think this was a practical way to do it. one of the things that happened in the lead-up to january 6th, eastman was telling pence's people, and he was telling the president and people around the president, pence can reject these results. then when it became clear that was not going to happen and other legal scholars didn't think this was realistic, they started switching it to, send it back to the states.
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they tried to suggest the first thing wasn't happening. that audio is a reminder that it actually was. . >> very interesting. maggie haberman, great to see you, as always. so it is election eve. hear what democrats and republicans are doing on their final day in two critical races. plus, alec baldwin making his first public comment since the shooting on his film "rust". why his back and forth with reporters became tense. ♪ say it's all right ♪
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>> the teams are talking. i've been out campaigning. i'm not going to be engaged in the townhall. but we have more people helping us than you can possibly believe. this is about unity. >> let's go now to cnn's sunlen serfaty in arlington virginia, northern virginia, just outside washington, d.c. this is a nail biter here, sunlen. >> reporter: it certainly is, brianna. and the donald trump factor has frankly loomed large in this race. especially today, on election eve with this townhall for glenn youngkin. over the weekend, as you heard there, you saw glenn youngkin try to keep trump again at arm's length, insisting he's not participating in this townhall
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with trump, insisting he had no part in the planning. all of this plays into the hand and the strategy of democrat terry mcauliffe who tried to cast youngkin as a proxy for donald trump. here he is over the weekend. >> tomorrow we will have a little teleconference. donald trump is finally going to visit here. trump wants to win here so he can announce for president 2024. that's the stakes of this election. he's trying to get himself off the mat. he wants to win here tuesday. and wednesday donald trump announces he's running in 2024. are we going to allow that to go on here? >> no! >> reporter: early voting here in virginia wrapped up over the weekend. today, for both these candidates, it's all about driving towards election day tomorrow, getting people out to vote. between them they have eight events across the state. certainly this race is extremely, extremely tight.
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and this race has national implications for both parties going forward. brianna. . >> so much hanging in the balance here. sunlen, thank you for that. election night in america, the stakes are high in this race for governor in both virginia and also new jersey. who will be victorious in the fight to lead new york city? special live coverage starting tomorrow at 6:00 p.m. on cnn. it is a major week at the supreme court. hear which cases the justices will hear that will impact all americans. we are live outside the court. and a terrifying incident on a train in tokyo. an attacker in a joker costume injures 17 people. (man 2) definitely higher. (man 1) we're like yodeling high. [yodeling] yo-de-le-he...
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in just a few hours, the supreme court will hear argument on the controversial texas abortion law, the country's strictest measure which bans after six weeks of pregnancy. jessica schneider outside the supreme court. >> reporter: this is a case that won't directly address the fate of roe v. wade. instead, it will address a crucially important question here about this texas abortion law that allows private citizens to enforce the law. the question being, can anyone even challenge this law? the justice department and abortion providers mounted several legal challenges all in the hopes that the supreme court will give them the green light to proceed to get this law blocked. two months after nearly all abortions in the state of texas stopped, the supreme court will
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hear arguments on the most restrictive abortion law in the nation. protests erupted after the law, known as sb-8, took effect september 1st. >> now, this bill is designed to scare us. >> or when the conservative justices on the supreme court refused to block the law the first time the case came before them, the three liberal justices wrote forceful dissents. justice breyer minced no words weeks later. . >> i thought they were wrong. >> reporter: now, the court will confront whether abortion providers or the federal government even have the power to sue to stop the texas law. it bans abortions after cardiac activity is detected in the fetus, which is typically six weeks into a pregnancy, off before a woman knows she's pregnant. and it makes no exceptions for rape or incest, only medical emergencies. law can only be enforced by
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private citizens, meaning anyone can sue medical professionals who provide abortions. even an uber driver who might provide transportation. and authorizing payouts to $10,000 to the plaintiff. even if they lose, they don't have to pay back attorneys's fees for the other side. because state officials aren't enforcing the law, leaving it to private citizens to sue, the supreme court will have to decide, can the lawsuits from the doj and abortion provider even proceed? . >> they are not a referendum on roe versus wade. this is not the big abortion case they are waiting for one way or the other. in some ways it's more, bigger. it's how our legal system works. >> reporter: arguably, if texas can outlaw abortion, other states can too. . >> the big question is will texas get away with it?
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if the providers can't challenge sb-8 and if the federal government can't challenge sb-8, the court would be saying, yes, states here is a road map for whatever constitutional rights happen to be unpopular in your state. >> reporter: if the supreme court finds no one can fight the texas law, it will open the door to other states to effectively end abortions. planned parenthood submitted to the supreme court dozens of accounts from texas women facing hardship. one unnamed woman found out she was pregnant the day the law went into effect. she couldn't get an appointment for another week. she called it in humane and heartbreaking. other women are traveling hundreds of miles to get abortions.
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planned parenthood saw 133% increase from texas and the months after the law took effect. >> patients are telling us sb-8 is doing exactly what it was intended to do, and that is that it is making people feel shamed. it is making people having to make really difficult decisions about their lives. and ultimately there should not be a state in this country where you're not able to access your constitutional right. . >> and this uniquely designed texas abortion bill has already provided a blueprint to other states. in fact, lawmakers in florida have introduced a similar bill. republican lawmakers in at least four other states say they plan to. john, legal experts say if texas or other states can outlaw abortion by leaving it to private citizens to sue, then other states could outlaw other rights like gun rights. gun rights will be at the center
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focus of the supreme court this week. they will hear a case on the second amendment on wednesday. it will be the first time in a decade that this court will address gun rights. in it is a really big week. it all starts today. you can hear the arguments. you can't see them. no cameras in the supreme court. isn't necessary there a great idea. but we can hear those arguments later today. jessica schneider, thank you very much. some fire companies shut down over staff shortages. what will happen later today when a vaccine mandate goes into effect. plus, an airline pilot getting political. why southwest airlines is investigating what he said over the intercom about president biden. your eyes. beautiful on the outside, but if you have diabetes, there can be some not-so-pretty stuff going on,
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new this morning, thousands
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of firefighters on a collision course with new york city and its vaccine mandate which goes into effect today for all public workers. polo sandoval live with the details. polo? >> reporter: john, good morning. we just heard from the fdny firefighters association making the last-minute plea to the city to hold off on the mandate that will require all ny city employees have one shot of the covid vaccine by later today. in just about an hour. basically what the firefighters association is asking for two things, asking that the city continue with its testing program that allows this 'em to test out of that requirement. obviously, that requirement would be no more now that a vaccine is required. and asking for more time. for some of the more seasoned members of the department to make decisions, critical decisions whether or not they want to remain with the fire department here in new york. but ultimately when you hear from members of the unit here, there is a concern ta that could
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potentially lead to an interruption in service. the city, for its part, saying that is absolutely not the case. they haven't seen that the last couple of days and they don't expect that. they did have to take some of the fire companies out of service. that is not to be confused with a lot of firehouses. but a few firehouses are single-engine houses. those few. and according to the city of new york, they are shuffling resources in light of an increase in various sick leave that's been taking by firefighters to make sure that no call goes unanswered. now, when it comes to where first responders are, take a look at the mayor's office showing a little under 85% of nypd are in kphraoepbs. about 80% of members of the new york fire department also in compliance. so certainly at this point it's not clear what the extent of any
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potential staffing issues could be. the city assures there will not be interruptions. ultimately, though, berman, that is still 22,000 employees that have yet to pull up their sleeve that will be on leave starting today. >> worthy of note, that 80% and 84% are big jumps in the last few days alone. polo sandoval, thank you very much. southwest airlines is launching an internal investigation after a pilot reportedly signed off a message to passengers by saying, let's go, brandon. that is a phrase that has become conservative code for swearing at president biden. it means f joe biden. . >> what's so interesting is they have political. it is a southwest airlines pilot who used the public address to
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sow discord. he said let's go, brandon. it means f joe biden. now southwest is acknowledging this incident. it says in a statement, southwest does not condone employees sharing their political opinions while on the job. southwest is conducting an internal investigation into the recently reported event and will address the situation directly with any employee involved. it says while continuing to remind all employees that public expression of personal opinions while on duty is unacceptable. the united airlines pilot union sent a memo to all pilots just last week saying to not use the emergency frequency that pilots use, to say let's going brandon phrase. they said that frequency is not to be used publicly. i monitor the frequency all the time. you're supposed to listen to.
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i have heard fjb. let's go, brandon. it is where only pilots can hear. and now it is public, too. . >> you have heard that from commercial pilots. . >> it's anonymous. you can't tell. it is 121.5, which is called guard. you are supposed to listen to it all the time. it is for mayday calls. i've heard it. . >> pete, we'll see what happens here. pete muntean, thank you so much. it's called the venice of africa. a coastal town is paying a big price for the climate crisis. fred pleitgen has this incredible story next. football, is a game of inches. but it's also a game, of information. because the nfl is connected. and at any moment, the fate of the season can come down to this. billions of secure connections, per second. when the game is on the line and the game is always on the line
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♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ >> reporter: even as the spotlight shines bright on global warming in scotland, the impact of the climate crisis is
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wreaking havoc on coastal communities all around the world. rising sea levels, threatening livelihoods and homes along the so-called venice of africa. fred flight again is joining us from senegal. what are you seeing, what are you hearing over there? >> reporter: hi, wolf. all the grim projections people are talking about at the climate summit, they are all a reality here in western africa in this town that is a unesco world heritage site. you can see how the buildings have already been destroyed by storm surges that have been caused biff global warming and rising sea levels. there are still people living in the houses knowing full well their buildings could be next. many are displaced in i fishermen community already designated. the fishermen's lives have already been tough here in northern senegal, fighting for survival on the harsh atlantic
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ocean. now, because of climate change, the sea thats that always provided for their livelihood, is destroying their exhaust. they live in what's left of their house, half destroyed by a storm surge knowing full well the rest of the building could be washed away any time. we don't have anywhere to go, he says. if we had the means, we would move. where we are living, we are not safe. we are powerless. because of its geeing on friday, it is known as the venice of africa, unesco world heritage site facing attrition due to the climate emergency, as erosion takes its toll on the buildings and the people dwelling in them. fishing is a proflgz that spans generations here in san luis. but thousands have been


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