tv CNN Newsroom With Poppy Harlow and Jim Sciutto CNN November 10, 2021 6:00am-7:00am PST
good morning, i'm erica hill. >> and i'm jim shciutto. breaking overnight, a major blow to former president trump and his continuing push to keep documents relate d to january 6h out of the public eye, out of the hands of investigators. in a scathing rebuke, a federal judge rejected trump's assertion of executive privilege. the judge wrote, quote, presidents are not kings and the plaintiff is not president. trump has already notified the court of his intent to appeal, but an appeal alone will not stop the archives from beginning to hand over records to the house committee. that begins on friday. >> that appeal is not the former president's only plan. president trump indicated he asked for a judicial order to prevent the release of the records as long as he's making arguments in court. that process could potentially
take months, if not years. and this ruling comes as the january 6th committee has issued ten new subpoenas targeting former trump administration it officials. among them, senior adviser steven miller and the press secretary. all eyes on attorney general merrick garland as he weighs whether to charge the trump allies that don't comply and if they it don't enforce those subpoenas, then, why would they? >> whitney wild has been covering this and joins us from washington. as we mentioned, trump, as he often does, has notified the court he's appealing. what happens next and what timeframe? >> reporter: he's asking for a stay on the judge's order. that happened this morning. we'll see what the judge rules because the timeline is so short. these documents are supposed to go to the select committee by friday. so a lot of time pressure on the trump comfort to try to slow this down. as we mentioned, there's a lot of legals before these documents get to the house select
committee. it's going to try to go to the court of appeals if he doesn't get the ruling he wants. this could try to do an emergency lane. in the immediate outset, this is a huge moment. i think frankly this is probably the most significant win for the house select committee so far in trying to figure out exactly what the mind set was of the trump camp leading up to and on the day of the insurrection. here is a quote from the judge's ruling. trump does not acknowledge the deference owed to the president judgment. he may override the express will of the executive branch -- that he may override the express will of the executive branch appears to be on the notion his executive power exists in perpetuity. that's been the question. how elastic is this executive privilege. to presidentsen joy this even
after they leave office? the judge says, frankly, no. this decision lies with the sitting president. again as i said, this is a huge moment for the committee. here's bennie thompson warning about this in realtime on cnn last night. >> it's a big deal. if you take your issue to court and lose, then you need to man up and deal with it and not be a spoiled brat. >> the trump campaign trying very much to slow this down. here's their statement as it responds to this judge's order. the battle to defend executive privilege for presidents past, present and future from its outset was destined to be decided by the appellate courts. he will be seeing this process through. but as i mentioned, time is ticking. these documents supposed to be delivered by friday. >> we will be watch ing. appreciate it. thank you.
joining us now for more on the legal ramification, former u.s. attorney elie honig, good to have you here. so nice to do this in person. as we look at this, as whitney said, this is the most significant win for the house select committee so far. but the question is will it actually play out for that? >> first of all, this it opinion that we saw is just a judicial annihilation of donald trump's position. that's important because i think it's unlikely to ultimately get overturned on appeal. but the big question is the stay. but this was a huge win on two levels for the committee. first of all, it puts a serious restriction on donald trump's overly aggressive use of executive privilege. but let's remember, these documents are really important. this is over 770 pages of internal white house documents created by and about the key players going through what they were doing during the key hours of january 6th. so this is sort of a two-track win. but there's more ahead in the court of appeals. >> you covered the supreme
court, joan. trump's strategy mean this is could go up to the supreme court in a situation where it could bmake a broader decision about the extebt of executive privilege. with your pulse on those nine justices, what's the likelihood this case goes that high and on what? >> we're reminded of how many times in the past he said just wait until i get to the supreme court, which i'm sure he will say this time around. and this is a new question. this is never before has the court been asked to decide whether former president assertion of executive privilege can essentially supersede a sitting president. the district court judge acknowledged how novel this question is. but while she couldn't rely on past presidents that locked it in, she certainly was guided by past supreme court decisions, which essentially put the executive privilege on the
institution, on the individual who is in office, not the personal interests of even at the time or especially once he's left office. so i think that this 39-page opinion is pretty clear and deeply rooted in where the supreme court has been before, but to answer your question, yes, it could come up to the supreme court both on the issuance of some sort of temporary action, a stay to halt what could happen on friday when the art kentuckys are supposed to turn over the papers and then to the larger question of the merits. but as the district court judge said here, past supreme court rulings certainly guide in the direction that former president trump would lose and it is a different court these days with the three appointees, but i would predict that whether it comes sooner or later, that this
supreme court is not willing to let a former president assert the privilege against the wishes of a sitting president. >> let's talk about before we get to it, there's this question of a stay. and which is going to be looked at through a political lens depending on where people stand. whether it's granted or not. there has to be legal merit, does there not, for the stay to be granted. >> the stay is the ball game here. it's important we understand that. as joan said, these documents are going to start being turned over on friday. if there's no stay, congress will have the documents ask then they are out there in the world. but you're not into the illed to a stay. you have to show some reasonable likelihood of ultimate success of winning the case. given the way this court opinion that we saw last night was put together, joan is right, there's no case directly on point. but it's really methodical and it's hard to argue with just the basic common sense logic of the opinion, which is is it's not up to the former guy. it's up to the current guy. if they disagree, the current
president gets to decide. it's hard to think of what a reasonable counterargument would be to that. so it would be hard for dth@to show what he needs to to get a stay. >> folks could be forgiven for another investigation. where is it going to go? there are multiple investigations underway. one down the street here looking at trump's business. you have election interference and you have these cases that relate to the january 6th committee. which is likely or has a chance to lead ing to legal penalties. >> we know there are two pending criminal investigations. one in the district attorney and one in georgia. those are active cases. the grand juries have been convened and have the power of the authority to subpoena people and potentially, we dent know if they are there yet, but potentially to vote on indictments. the former president is facing a slew of civil cases, lawsuits where he's been served for everything from defamation to
his role in the january 6th attack. and the thing that's important to keep in mind is that all those cases, he's going to be deposed. he's been deposed in one case under oath. there's risk in that. these cases could come to try. the facts come out and he could get hit with large cash settlements. the big thing that's missing, to me, is merrick fwar land and doj. there's no publication they are looking at donald trump for anything to do with with his role in election interference or january 6th in any meaningful way. >> lots to follow. thank you both as always. we are following breaking news on the economy. new data showing prices rose at a higher rate than they have in 30 years. plus defense attorneys for kyle rittenhouse are trying to make their case that he was acting in self-defense when he shot and killed a man at a protest in kenosha, wisconsin. rittenhouse himself may take the stand today. we'll take you there live. and later, an absolutely
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breaking news, america's prices surging more than they have in 30 years. and there doesn't seem to be an end in sight. >> matt egan is live in new jersey this morning. the october inflation report just released. what's behind the data? how much of this is the comeback of the economy post pandemic? >> reporter: this is an historic inflation report and is landing
just before the holidays. now everyday americans are getting squeezed by higher prices. unfortunately, the numbers are all moving in it the wrong direction. consumer prices were up by 6.2% from the year before. not only is that an acceleration from the elevated levels during the summer, it's the highest gain in one month since november of 1990. now month over month, prices were up 0.9%. that's more than double the rate in september . this is not just about gas price. if you strip out food and energy, core prices were up by the most since august of 1991. let me walk you through some of the individual items. particularly electronics that have gotten more expensive due to surging demand and computer chip shortages. look at computers and smart home assistants up more than 8%. televisions up more than 10%. washers and dryers, up nearly 15%. now some electronics have gotten cheaper.
smart phones in particular, they are 20% cheaper than a year ago. i should emphasize these are national prices, not necessarily what you see in individual stores like the one i'm in right now. best buy says for its perspective, inventories look pretty good. they have been working with partnered and chartering their own ships to bring stuff from overseas. i have been talking to shoppers and they it do sound kind of frustrated about higher prices. here's what one of them told me. >> i'm a bit frustrated fp i think so much competition, you would expect them to be lower. so it's quite frustrate ing wit all the money being funneled into the economy just causing inflation and everything. so with that comes higher pay raises for my employees and high operating business expenses for my business. so it is quite frustrating. but it is what it is. >> for months, we have heard
from officials in the white house, the federal reserve and experts on wall street that inflation was going to be a temporary thing, but there's a growing sense that inflation is not going away any time soon. that prices are not going to fall back to earth just yet. and the latest numbers suggest it may get worse before it gets better. >> seeing a lot of the effects of the economy come accounting back. thank you. the other issue we know so many are dealing with, gas prices. these are a major headache and soon those hikes could hit your heating bills. the energy information administration is warning this winter, energy bills wocould ri 15% if you use electricity to heat your home. 50% if you rely on natural gas. if you're heating with oil, 59% and just over 50% for those using propane. that's a 94% increase. you could be in for the biggest
blow here. that's going to add up to hundreds of dollars over the heating season. here to discuss is the executive director for the national energy assistance directors association. it's good to have you with us this morning. i know that you have reefed out to congress. >> there's a lot of concern about rising prices. what you're just saying if you put in terms of dollars, the average american now is spending between $300 to $500 more this winter to heat their home. that's on top of about $80 a month more to buy gasoline. so the combined effect this winter is a thousand dollars more per family for gasoline and
hea heating. that's what a family spends on christmas presents. that's one way to think about it. this is like christmas. this is where the money is going to go to buy gasoline and heating. we have asked congress to provide an additional $5 billion to help families pay for heating bill this is winter. primarily because the money they gave us last year gave us an additional $5.4 billion for the stimulus bills. that's been reduced by these increasing prices. so the amount of product we can buy is down by 30%. so we're very worried about how families will pay for heating this winter. >> and if there suspect anything additional there. if you look at that, i think in terms of to visualize for people looking at what you'd spend on christmas gifts versus what you're going to pay for heating is a great way to set it up, but the reality is for most families, this isn't a chioice between what you're putting under the tree and how you're heating your home. those choices could be far more significant in terms of how you feed your family. >> exactly. we have done lots of surveys.
when people can't pay their energy bill, they cut back on essentials. they cut back on food, medicine, clothing and you have to remember that there really is a divide in our society. some people can work from home now. they don't have to drive their car as much. others people drive buss and work in schools. they have to buy gasoline. they have to get to work. so families for the last several months are spending more money for gasoline and now these home heating prices are added to that. so i think as we look forward, when you look at inflation numbers, often we strip out energy. energy is real. these price increases made a real impact on families. i don't think families think a lot about theoretically, is this inflation or not inflation. these are real intrcreases. they are not going away any time soon. >> whatever you call it, it's hitting the bottom line. and it's hitting hard.
we don't have a loot of time left, but the prices raaren't changing. is there anything besides turning down that thermostat and putting on a sweater, which is what my dad would tell me to do, is there anything families can do to bring costs down? >> tune up the furnace. that's the most immediate thing. the other thing is turn down the thern stat. every 1 degree down saves 2%. the other thing that i just wrote this piece for cnn that's running this morning. the administration can release oil from the strategic petroleum reserve and push opec harder to increase production. those are the things that will help get prices down. so families can't do anything about the global prices but the administration can do things to help get prices down and together that can help reduce the impact this coming winter and going forward to get the price of gasoline down. >> mark wolf, appreciate you joining us this morning. and that piece is up on cnn.com right now.
thank you. up next, the fbi in houston ready to assist in the investigation into what went wrong at the world music festival. we're also learning independent investigators could be calling in to take that case. we're live in houston, next. and moments away from the opening bell on wall street. this after stocks fell snapping an eight-day winning streak. stocks have been soaring during earnings season is with companies paving estimates. we'll see how the latest inflation numbers protect the markets. we're following all of it. power e*trade gives you an award-winning mobile app with powerful, easy-to-use tools, and interactive charts to give you an edge, 24/7 support when you need it the most. plus, zero-dollar commissions for online u.s. listed stocks. [ding]
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prosecutors are questioning their 7th witness this the trial over the death of ahmaud arbery. prosecutors spent tuesday largely focused on the construction site that arbery entered before he was killed. the state also working to undercut an early argument the defense put forth claiming the suspects tried to make a citizens arrest in the moment. arbery's parents held a prayer vigil. next hour, the defense will calls its next witness in the trial of kyle rittenhouse. he's charged with killing two people and shooting another
during protests that followed the police shootings of jacob blake this last summer. he has pleaded not guilty and faces a mandatory life sentence if convicted on the most serious of the charges. >> things got heated on tuesday after the defense witness offered testimony that differed from the statement he originally cgave police. >> he had his firearm out pointing at kyle. >> as the gun is point ing a at kyle, what happened? >> kyle shot him. >> you saw him point his gun at mr. rittenhouse? >> yes. >> that's nowhere in your statement. >> correct. >> so that wasn't important to include in september 11th? >> like i said, i'm not a detective. >> cnn is joining us live from ken kenosha, wisconsin that was quite the exchange there.
there was a little more back and forth, as i understand. >> reporter: there was. but think about this. this was all in relation to the witness who testified and survived the shooting. he was shot by kyle rittenhouse. he himself in the end admitted that at some point his gun was pointed at kyle rittenhouse. remember, this is the witness whose hands were up and then he basically on cross-examination by the defense attorney said that, yeah, at some point my hand came down and it's in a photo from the video. you can see that his hand is pointing towards kyle rittenhouse. he says it was not intentional, but that doesn't matter under the law because it's about the perception of what kyle rittenhouse saw. so this all has to do with self-defense. there was a big moment in this trial when they testified.
it all goes to what the defense is trying to do here by putting on this case, they have already called three witnesses. they need to prove that kyle rittenhouse acted in self-defense when he opened fire. that's why there's this big question looming here today. perhaps we will get an answer, will kyle rittenhouse take the stand. it could happen today or the next few days. the defense attorneys are not tipping their hands sort of saying what's going to happen, but court getting underway in just about 45 minutes we may get some indication. >> thank you so much. in the wake of that deadly concert in texas, the houston fbi now saying it's offered assistance and resources to the police department. this as we're learning a federal judge is considering a third party for an independent investigation. the mayor of houston says they plan to leave no stone unturned. >> we're looking at everything
from the very beginning of the day all the way to the end. we're looking at the roles everyone played, what gaps atha may have existed. when there's a venue and you invite people to that venue, they expect to participate and be a part of the concert and don't expect to be killed at the event. >> rosa flores is following the story from houston. any developments in the investigation today? >> they have been very tight lipped since saturday not providing any new details. according to the houston fire chief, there are three people who remain in the hospital. two of them in critical condition. now we have learned that the fbi announcing that they are offering resources and assistance to the houston police department, now they have received some video from this event. that's according to houston mayor sylvester turner, who also
is says everything is on the table. they are investigating everything. they are asking for more visdeo from livenation. and they are it going to take everything into account. this as we learned that the harris county judge is asking for an independent investigation and she is considering hiring an outside law firm or a third party to conduct that it independent investigation. now i learned from the houston firefighter union president that there was no direct radio communication between the primary medical services team that was hired by the organizers and the houston fire department team that was outside of the venue. now those firefighters asked for direct radio communication to paradox the company that was hired by the organizers, but
they were not given radio communication. they were given cell phone numbers. so erica and jim, you know cell phones are not reliable in an emergency situation. i should add that cnn reached out to paradox and they didn't answer our question specifically about that, but sent us a statement said they are cooperating with authorities. >> that might explain why the former did not know what was happening if there wasn't proper communication from the first responders. we know there's more to delve into. thank you for following. coming up next this hour, an ivf nightmare. a mother gave birth to a stranger's baby after being given the wrong embryo. now there's a lawsuit. lots of questions here. details, coming up.
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hello, for the last few years, i've been a little obsessed with chasing the big idaho potato truck. but it's not like that's my only interest. i also love cooking with heart-healthy, idaho potatoes. always look for the grown in idaho seal. a devastating mixup. a couple suing a fertility clinic saying they implanted the wrong embryo. >> the result both women unknowingly gave birth to and raised children who were not buy logically theirs for several months. >> losing the birth child that you know for the genetic child that you don't even know yet, it's a truly impossible nightmare. >> instead of breast-feeding my own child, i breast-fed and
bonded with a child i was later force d to give away. >> cnn's elizabeth cohen joining us now. to even think about a the two families in this situation, what gave this couple a an indication initially that this may not be their child? >> it sounds like they knew pretty soon. they noticed that when this baby was born, this baby was not fair. it was a lot darker than the daughter they already had. so this baby had darker skin, darker hair and so they sound like they suspected something wasn't quite right. when the baby was 2 months old, genetic testing showed this was not their baby. at 3 months they found out their embryo had been used and another couple had given birth to their biological daughter and those couple met and the babies went back to their biological paurnts. this was not just devastating
for the parents, but they say was also devastating for the older child. let's take a listen to the parents' attorney adam wolf. >> for the 5-year-old, this was traumatic. she bonded with her baby sister. that's the baby sister she knew. and at 4 months old for that baby, she was taken away from their older daughter. all of a sudden, she was mistrusting. she was angry. she didn't hug or kiss her parents. that is the understandable reaction, but for a 5-year-old girl, it's just devastating. >> to keep in mind, there are tens of thousands of babies born in the u.s. through ivf every year. this is a very unusual event as far as we know there have been a few other reported cases, but there have been complaints that the fertility industry needs to be better at following their own rules or else they need to face more regulation. >> absolutely would seem in this
case warning signals. thank you so much for following us. other news we're following this morning. good news regarding the pandemic. the new "the new york times" wa the booster dose is better. the data submitted in september required only 400 people studied for a booster dose. the drug maker has since tested its third dose on 10,000 participants. the findings showed 95% effectiveness against the coronavirus compared to those who have only had two doses of the vaccine. the nfl is fining the green bay packers, quarterback aaron rodgers and a wide receiver for failing to follow the league's covid protocol. ia review determined the two players attended a halloween party despite being unvaccinated. in addition, the team failed to report those violations and discipline the players involve
ed. >> andy scholes joins us now. rodgers made a lot of headlines last week and wasn't honest about that. the fine, not exactly a lot of money given how much money a quarterback in the nfl makes. >> certainly was not a hefty fine. rodgers didn't apologize for misleading everyone about his status. he just said everyone is entitled to think however they want about him. yesterday rodgers said he stands by everything he said last week. >> i shared an opinion that is pol polarizing. i get it. i misled some people about my status, which i take full responsibility for those comments. but in the end, i have to stay true to who i am and what i'm about. and i stand behind the things that i said. i believe that people are entitled to their opinion. and even if that's unfavorable. i'm an athlete. i'm not an activist. i'm going to get back to what i
do best and that's playing ball. >> rodgers added that he's feeling better and hopes hto be back on the field on sunday for the packers. the nfl completed its review of the packers protocols and handed out punishment. the team has been fined $300,000 while rodgers and the wide receiver was fined merely $15,000 each for attendsing a halloween party despite being unvaccinated. that fine not very much. the action network crunched some numbers and his $15,000 fine is the equivalent of an average american $33. so basically nothing. >> he was hit hard. >> it gets to how seriously they are taking this. it's a slap on the wrist. thank you so much. ahead a new poll numbers about how frequent users really feel about facebook. does the social media giant make society worse? the american people were asked
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a brand new cnn poll shows a majority of adults thinks that facebook has a negative impact on society. about half of the population knows someone who now believes in misinformation because of the site. >> zsullivan is joining us now. you look at these numbers. part of it is the person. part might be the algorithms. does facebook really care about polling? are they going to look at this and say that's a problem? >> i think it's important that news organizations like cnn do
this polling because facebook always points to their own internal data where they will say the reason why we have these algorithms and a system built like this that happens to make us billions of dollars is people want to see ads relevant to them. our polling shows a different story where people are seeing cobben tent regularly they don't want to see. they don't like. take a look at some of these numbers. something that was quite interesting in this is people asked, who is more at fault for facebook making society worse? a lot of people said that's how people use facebook rather than facebook itself. also i think one really important number here is people who know somebody persuaded by facebook content to believe in a conspiracy theory. almost half of americans. some people might say that's a low number. most people know somebody. but if you think about it, that's tens of millions of people. we have spoke ton many people who have found themselves, loved
ones, down rabbit holes of disinformation where vaccines and the election or something else. >> i see it in my own facebook feed. outright disinformation. so leading up to january 6th, there were a lot of warning signs about the kinds of things that were going on, discussions that were happening. it seems prince harry spotted this happening and cardinale. >> yeah. a british prince warning of an attack on the american public. who would have thought? have a listen. >> jack and i were emailing each other prior to january 6th where i warned him that his platform was allowing a coup to be staged. that email was sent the day before. >> what would you say to mark zuckerberg if you had a chance? >> i think first off would be a conversation in private, but mainly from my perspective, what i really worry about is the internet is being defined by
hate, division and lies. >> now, some folks a bit skeptical of the prince there, that he warned on january 5th, how twitter was being used. twitter and jack dorsey have not responded publicly. a lot of folks saying there were a lot of researchers, folks we were speaking to in the days leading up to january 6th. it was clear to them that something terrible was about to happen based on what they were seeing on social media. >> a lot of folks missed it. the fbi missed it. there was a lot of warnings but clearly didn't make it to the highest levels. donie o'sullivan, thanks. the man who became the face of the january 6th insurrection. late last not the justice department ask that jacob chansley be jailed for 51 months. that's the longest sentencing request. prosecutors say chansley bears a certain amount of responsibility for the riot because of how he
spread disinformation online, as we were just discussing, before january 6th. in september he pleaded guilty. a judge will make a sentencing decision next week. still to come this morning, a major legal setback for donald trump. a federal judge denying his claim of executive privilege in an effort to shield records from lawmakers investigating the january 6th attack. we're live next. that helps you build a future for those you love. vanguard. become an owner. ♪ ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need
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chance to get a little bit closer to the tomb of the unknown soldier. >> cnn's barbara starr joins us now from the pentagon. barbara, a big change, is it not? i believe this is the first time in a century they're allowed to do so. why now and what's the response been? >> reporter: it's really been incredible, jim and erica. it's the first time the public has been allowed to approach the tomb, lay flowers and pay their respects. it's because it's the hundred year sen tenry of the tomb of the unknown soldier, the first unknown laid to rest there in 1921. we're seeing a long line of people yesterday and today line up to pay their respects. we're expected to see a world war ii veteran from the battle of the bulge. the first to visit was the crow nation performing one of their ceremonies at the tomb of the unknown.
it's worth remembering that this is a place that thankfully is just a little bit outdated. with dna matching and modern technology, there aren't any longer unknowns it doesn't matter because this is a place where america pays its respects at arlington to all of those who serve, including the fallen and american military families. as people pay their respects at the tomb today, i want to let people know they will see the inscription and see these words, "here rests in honored glory an american soldier known yet to go god." where there are unknowns at this s site, they couldn't identify anybody, again, pre dna. it doesn't matter because what we know is this is hollowed ground. this is where america has paid its respects through decades of conflict right up until today.
the next ceremony will be tomorrow on veterans day. we will see a full honors procession, essentially trying to evoke the memories of the 1921 procession when the first remains unknown were laid to rest at arlington. the public will be invited to attend the procession, to stand on the sidelines at a special location and watch it pass by. we're seeing so many people here in washington today take the opportunity to stop and pay those respects. jim, erica. >> that's great to see and see so many people take advantage of that opportunity as well. barbara, appreciate it. thank you. very good wednesday morning to you, i'm jim sciutto. >> i'm erica hill. this morning former president trump looking for yet another out to avoid having white house documents from january 6th be
sent over to the house committee investigating the invsurreinsur. trump said he will appeal after a judge rejected his claims of executive privilege. >> in her explanation, the fudge wrote, quote, trump's position that he may override the express will of the executive branch appears to be premised on the notion that his executive power exists in perpetuity adding, the judge did, presidents are not kings and plaintiff is not president. as trump ramps up his legal fight, the committee issuing ten more subpoenas. the latest batch includes high-profile fill yours such as stephen miller and kaley mcenany as well. the justice department awaiting a decision to enforce those decisions. attorney general merrick garland still silent on whether he'll prosecute steve bannon f