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tv   CNN Tonight With Don Lemon  CNN  January 18, 2018 12:00am-1:00am PST

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this is cnn tonight. i'm don lemon.
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11:00 p.m. here on east coast. live with new developments tonight. former chief strategist steve bannon makes a deal to speak with robert mueller eers investigators. what will he tell mueller that he wouldn't tell the house intel committee. the glowing review of trumps health. his test results tell a different result. does the president have heart disease and is he at risk. let's get to the latest on robert mueller investigation. i want to bring in phillip mud. legal comment at a timer. and john flan ri the former special counsel. thank you all for joining us. thank you both except everyone except phil mud. kidding. i'm paying you back for what you said in the break. listen, steve bannon legal team has struck a deal with special counsel robert mueller. and will not be testifying in
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front of the grand jury. instead he'll be speaking with to mueller's investigators. from a practical standpoint what's the difference? >> there's very little difference. and this is not at all surprising. you know, you're if the fbi agents are present and steve bannon were to lie that's a felony. if you're in front of a grand jury and lie that's a felony. you know, one of the ways that it can play out in person is more conversational. it's a little more stilted in front of a grand jury. and if you are taking the deposition if you're interviewing the witness, you want to be in a conversation. you want to engage in back and forth. so there's some utility to this format on mullers side. on bannon's side. it's more comfortable. you don't want to get in front
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of an audience like a grand jury. that i don't care who you are. that makes a defendant uncomfortable. and uncomfortableness can come across looking like dishonesty. you never want that if you're on the hot seat. >> don't jump out of your chair, john. what do you want to say. >> i'm laughing. it sound like we're inviting him to a tea party. we don't want to be offensive. and bob mull is so concerned about how the dainty mr. bannon will feel about it. as a trial lawyer when someone gets on the stand you make a decision whether this person is a truth teller or a liar. we'll get the "fire and fury" guy or the beaten down intimidated bannon that's invoking executive privilege. this is to find out what kind of a witness he's going to be. and the reason they use the subpoena is because it is a judiciary act. if you go to the nixon case when he didn't want to talk and
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reveal stuff the supreme court decided that he had to. and in part because it was a judiciary subpoena. and in addition it had to do with the fact there was a criminal investigation and executive order that put that executive order at odds with the white house. so this is a careful legal set up. and think about this. if he lies in this statement to the fbi agents and then they put him in the grand jury and the squeeze is major. i'm aulsz amazed why public officials don't assert the fifth amendment. they can't help themselves. i think this is a treacherous road for bannon and the administration. >> let me ask this question. when bannon went before the house intel committee yesterday he was not cooperative. a source says bannon's lawyer said he was answer questioning from the special counsel. why cooperate with mueller not with congress? >> i can think of a couple
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reasons why. number one when you're a white house official i served at white hois, you're going over to legislative branch. that's the congress. and you're saying you want me to reveal secret conversations i had with the president. i think that's privilege. let me go real for a second with you. there's a second issue here that he won't deal with with mueller. 30 seconds after he speaks atd the congress somebody will leak it. there are differences when he goes over to talk to robert mueller. he's talking to the executive branch. a special counsel who was appointed by the deputy attorney general. who's the deputy attorney general selected by donald trump. and the second thing is robert mueller doesn't leak. if i were steve bannon i would see a huge difference between talking to a leaking congress and talking to a former republican fbi director. part of the executive branch. who doesn't leak. big difference. >> so ken, this is what cnn learned. multiple sources told us the white house is working behind
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the scenes to limit the testimony to congressional investigators. are they interfering with the investigation? >> no. especially between branchs as phil said. it's almost a race to leak over on capitol hill. and you don't have that in the executive branch procedure. >> that's not interfering, talking and telling them not to cooperate? that's not -- >> that's a problem. >> look, the executive privilege can be utilized as bannon did with congress. that's not something that i expect him to try to do with robert mueller. he said as much if i remember correctly. i think bannon bigger issue is that mueller has to go through his list of talking to everybody. he was going to talk to bannon at some point. that point is now.
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for the first time. he could do it more than once. once in person and once in front of the grand jury. as well. but i think the more interesting issue here is that steve bannon he speaks declaratively. a lot of high per bole. that's not a mode of communicating that is particularly helpful to someone sitting in what i have called the hot seat here. it's not accurate. factually. typically. and you're not concerned about that in the political arena. you're trying to make a point rather than spell fact. >> if you're speaking to special counsel, to investigators. that's a huge problem. >> that is a huge problem. hooeg have to really discipline his ordinary way of
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communicating. that's kidictated by his personality. >> on fox news tonight whoit house chief of staff was asked if bannon of told by the white house to use executive privilege. he said no and added this. >> steve said very little contact with the white house since he left. i know steve a little bit. not very well. he was left the white house in his head. certainly never returned to the white house. with the exception of a few phone calls, very little contact with the white house. i certainly have never spoke to him since he left. >> very little contact with the white house. are they distancing themselves here? >> this is a cannibal society in the trump white house. what he said the important thing which would be the headline is the president of the united states who has the executive privilege hasn't asserted it. these people have no business asserting it because it's not their privilege.
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jeff sessions and others said before he may want to assert the privilege. if you haven't they talk. before the house and another problem was they asserted executive privilege when he wasn't the executive. during the campaign they said they would answer questions. after the election they wouldn't. he was not the kbektive during that transition period. and the conversation that are not held with the president none of those are protected. not only because he didn't assert it but because it doesn't apply. and you have to consider whether or not they're trying to conceal crimes and privilege take flight when you try to conceal a crime by the conversation. we have that significant one called the slip up. bannon is talking about the june 9 rewrite. in which the president claimed all they were talking about is adoption. which is not true. we have that from the e-mails and so forth. that's a point of focus for obstruction. there's no surprise he doesn't
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want to talk about it on the hill. he had no right asserting privilege in any way or fashion. it was all a manner of obstructing getting access to conversations bannon had. >> according to to access republican trade. and democratic hamered bannon about the mention of the conversations and refusal to speak about anything else in the white house. this came within the 90 minutes of his testimony. does that tell you anything about his ability to perform during high pressure questioning sessions? >> no, it really doesn't. because there's the fundamental difference. >> phil. >> there's a difference between the conversation he had on the hill. and the conversation he had before mueller. i suspect he's going to walk before mueller and say tell me what you want to know. i'll speak now because this is executive branch to executive branch.
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you have one issue you want to focus on. that's fact. who is at the meeting and i don't care what you think was there, i want to know who you know was there. what did they say? did they talk about it beforehand or after ward. would you know about further conversations about russia? it's not a gentle conversation or soft conversation about what do you think about for example whether don jr. committed treason. i want to know who was there, what they said and whether you heard anything after. and when you walk into robert mueller's office you bert answer the question. you're not on the hill anymore. you have to speak. >> i just wonder with everyone with the folks who went in today and there were a couple of them. saying i'm not prepared to answer the questions. is that a tactic to get them to give him the questions so he can go back and figure it out?
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the moments someone says i'm not prepared you don't give them anymore questions. because they go back and consult with attorneys. especially someone with the campaign and never lost touch with the campaign. and still in meetings with the campaign to say he's not prepared and doesn't know what's going on might be disingenuous. >> the dog ate my home work kind of defense. to answer questions you try to avoid and can't assert executive privilege you say i'm not prepared. it doesn't wash. and i think that certainly he has to remember conversations that he had. okay he doesn't remember all of them. or perfectly. he can they have documents they can present him with and ask does that quote refresh your recollection? a general pattern of obstruction of the congressional investigation. and we know there was -- we have evidence between the combmy firing and other thipgs.
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there's obstruction from the highest level to the cannibals who betray each other on the other side of the equation. i don't know if that's a joint defense. and they waive any possible conflict. it suggests a pattern that fits. this obstruction. if we don't stand together we hang separately. that's what we're doing. >> i got to run. thank you all. the president's personal attorney issuing a denial of the the affair with a porn star. stormy daniels up next. ah, it's so fresh. and it's going to last from wash to wear
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the president's personal toernl denying a story that alleged a sexual relationship between trump and a porn star. at any other time that would be
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what everybody is talking about. two decade ago the monica scandal. led to clintons impeachment. let's discuss now. also sally kwin the washington post contributor and author of finding magic. 20 years, michael, since your reporting on clintons affair and his lies about it became public. it was a bomb shell. talk to us about the news and how it hit washington. >> well, it was quite the earthquake. wasn't it? >> it was. >> on so many different levels. people have talked about this as i had the story i certainly was aware of the relationship. that the president the then president clinton had it monica. but what made this a story, was the decision by ken star to launch a criminal investigation. of this matter.
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to wire linda trip. in her conversation with monica. to gather evidence. to suggest that the president and his good friend were seeking to cover up and obstruct the ongoing jones lawsuit. that was a stunning development. >> without ken star are you saying this may not have been? >> news week knew about the allegations of this relationship. for months. i have been talking to linda trip. she provided me all sorts of circumstantial evidence. offering to give me the blue dress. it's not clear what i could have done with it. to use that as corroborating evidence. but once the jones lawsuit proceeded and it was clear that clinton was going to be deposed under oath. and was going to be asked about this. that got closer to the story.
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it was the intervention of star that made this the political earthquake it was. >> and the cover up. that made it a bigger political -- >> the president of course denying. publicly. >> part of the cover up. sally, the story. it was epic then and resulted in the impeachment. and fast forward 20 years. we have a story about president trump allegedly having a tryst with a porn star. stormny daniels. just this past friday that the president attorney michael cohen arranged $130,000 payment to a former adult film star. a month before the 2016 election. as part of an agreement that procolluded her from publicly discussing any alleged sexual encounter with president trump. why hasn't the public reacted the same way? this is someone who is now the president of the united states. was married. had a small child.
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and is accused of covering it up in some way. why isn't this a big story? >> you know why, because i think that on the list of outrageous this comes very low. and you know i think with bill clinton, michael did a brilliant job of reporting on the story. i was there hanging over his shoulder. looking at his computer. while he was doing it. but at that time, it wasn't a shock that bill clinton was having an affair. because we already knew he had done that. it was a shock when it came it became clear that he was going to be deposed and lied. i think with donald trump, first of all everybody knows that this is what he does. and i think that he has it was a consensual affair. i don't think any money changed hands at the time. at least that we know of.
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the only thing that is going to get in the way is the money. follow the money. where did they get the money to pay her off to keep her silent? why did they wait so long? how is it done? that part of it i think could be difficult. but i think that when you look at the what trurp has done with the environment and what he's done with daca and what he's done with healthcare and doing with the immigration and racism. and you could go on and on. >> this just falls. >> to the bottom. and the trump supporters obviously their issue -- >> they don't care. it doesn't matter with them. they don't care about anything. there's no indiscretion, nothing. i want it ask you. you mention kenneth star. could something like this come up with the mueller investigation. >> not on its face.
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with the monica thing she was a subpoenaed witness nine to nothing the supreme court the a denies there's any inappropriate relationship sko relati story hasn't blown they didn't deny the $130,000 payment. that's what left out me. the -- if nothing had happened, why did money change hands? if money didn't change hand why didn't they deny that money changed hands? so that's the first sort of red flag that leaps out. of course stormy daniels talked to others and confirmed she had
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had a sexual relationship with donald trump. and then after the $130,000 payment she said she did not have a sexual relationship. so, there are legitimate reasons to be somewhat skeptical about some of the public statements. >> sally -- >> discrepancies you were saying. >> this president everyone knows. he has a problem with the truth. bill clinton was impeached for lying about his affair. is there a different standard with this president? >> let me just ask you one question. suppose this happened with obama. how do you think that would go down? it would be a huge scandal. and he would be forced to resign. >> republicans and conservative media would be all over it. >> i don't think, milan a is not
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going it leave him. and people wouldn't care. the only thing that will rile people up is his supporters are number one if it's ever been shown that he was behind an abortion. of someone that he had sex with. or two that if he were guy or cross dresser. i think other than that, he's golden. >> thank you. that's like -- this is a -- thank you. interesting. when we come back the president's doctor telling the country this about his health. >> his over all health is excellent. he has very good health. he's in the excellent range from a cardiac standpoint. >> president trumps test shows he has heart disease. why didn't hi doctor say that during the briefing? you know what's awesome? gig-speed internet.
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you know what's not awesome? when only certain people can get it. let's fix that. let's give this guy gig- really? and these kids, and these guys, him, ah. oh hello. that lady, these houses! yes, yes and yes. and don't forget about them. uh huh, sure. still yes! xfinity delivers gig speed to more homes than anyone. now you can get it, too. welcome to the party. press secretary sarah sanders standing by the president trump is an excellent health. >> she the only doctor that has weighed in on this matter that has actually examined the president. and so i think a doctor that is
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spent the amount of time with the president as dr. jackson has. is not only the most qualified but the only credible source when it comes to diagnosing any health concerns. >> so i want to talk about this now with chief medical correspondent. sanjay gupta. good to have you on. doctor gupta you were at the briefing. and based on the information his doctor presented. does he have heart disease? >> yeah. he appears to have a common form of heart disease. that was diagnosed on a bunch of the different tests he had done. a three and a half hour exam done. given his age and focusing on the heart makes perfect sense. that's what was the majority of the exam. there's a specific test that's a cat scan that looks at the blood vessels that lead to the heart. the coronaries. trying to figure out if there's disease in the blood vessel.
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heart disease. i asked doctor jackson specifically about that. he didn't talk about this cat scan being done until the further questioning. take a listen. >> he opportunidoesn't have hea disease. >> a cat scan before showed calcium. >> he did. so, i think technically he has non-clinical coronary. that's being mentioned in the previous physical exam. he had a coronary calcium score done in 2009. it was 34. had e had a kcoronary score don in 2013. that was 98. we got a calcium score from this. i didn't mention it. it wasn't -- it was 133. >> that number 133 is important. because really anything over 100 does indicate some level of heart disease.
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the doctor did say look, he has coronary scler oe sis. the plaque building up in the artery. and to be fair, if you're over 40 and you're man in the country. a fair number of us have heart disease. you may as well. it's not uncommon. certainly not if you're 71 years old. that's why the tests are done. to find out if you have it and what degree. and what you can do about it. >> as you're watching this, when you watch the response from the doctor. what'd you think? >> first of all i they san jay nailed him. he was not telling all he knew about the health status of donald trump. this was like the good news award. super healthy, fit for duty. everything is great. looking wonderful. we didn't get the absolute square honest truth. that the president does have kind of heart risk.
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>> what are the ethics around characterizing the health as excellent. if there are issues. >> there's a conflict of interest. the guy is working for the commander in chief. the president controls what gets disclosed. there's no obligation for him to say anything. second, once you go off and say i'm going to be honest and open with you. you have to be honest and open in all regards. it isn't ethical to with hold pertinent information like that. that's not the right thing to do. >> i was reminded about, you did a document tear the last heart attack. your knowledge of heart attacks. the science of heart disease prevention. president trump is 71 years old. is there anything unusual about having this test done? he's had it two other times. not unusual, right? >> no. i wouldn't say it's unusual to have the test done. it's a more common test. certainly over the decade since
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president trump had the first test done. >> what about in the numbers there the difference in the numbers? >> the numbers have gone up. now the numbers are expected fo go up in most people. because as i said we all develop some degree of this plaque this hardening of the artery. with time it does get worse in people. but not in everybody. if it can be treated successfully. oftentimes you can stall the worsening of that plaque. >> if i can jump in. one of the things ift bothered by there's a suggestion you can eat three big maces, never exercise and be the healthiest person to occupy the oval office. that's a bad message to share to the american people. it's not true. you have to modify your lifestyle. he has to make changes. so putting aside the what does
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it mean to him being a president. is he going to drop dead as heart attack. we look to him and says eat what you want, don't do anything, never exercise. that's not the right message to send to a nation with weight problems. >> it's not unusual for this to happen, but considering our diets. a lot of people in this country struggle with weight. i'm one of them. not sure if you have as well. that doesn't mean you are healthy if you eat a couple big mac's day and diet coke. be honest about it. just like you i struggle with my weight and my diet could be better. i'm concerned about these things and work on them. >> it's fair point. going into that press conference. art just summarized it well. he was characterized as having excellent health.
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excellent health. he's a guy who has borderline obesity. a guy who has cholesterol levels rising despite being on medication. heart disease. again these are not uncommon problems. these are problems that individuals and society we need to to do better jb of addressing. >> it's not healthy. >> it's not excellent health. >> right. i was led -- if you watch the press conference. listen not to criticize the doctor. maybe he can run a marathon. who knows. speaking of that there was raised eyebrows about the height and his weight. because we are getting older and you go to the doctor. you're still 5'11" or whatever. has your weight changed? and the report said he's 6'3", 239 pounds. as a physician you develop a relationship with the person. give us -- do you get lee way.
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an obesity doigs diagnosis is a pound or two off. is that unethical? >> the difference between a physical and assessment of fitness for duty is in the physical it's for your benefit. you control it. this gentleman knows trump well. he told us that. he sees him a lot. i think it's fair to say there will be a spin and a little generosity. exercised about some aspects of his height. perhaps weight. i don't know that. again i come back to if we want an assessment of trump ob anybody is fit for president. we would have an independent group of doctors do it. having his sort of insiders do it as a physical. you'll generate conflict. >> gupta, the last word. >> with regard to that point. because it is for the benefit of the patient. sometimes it's self-reported. when it comes to hilgt height and weight. they just ask you. assuming you take them yourself. i think this is really
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important. i think the president again is representative of a lot of americans. he's sort of right in the middle in terms of heart disease and risk factor for heart problems. there's something that can be done about it. if calling it excellent health is probably not the best approach. that sort of makes it seem like there's nothing to be done. there are things that can be done. reversing the heart disease and people are looking at the story and saying that sound like me. well, you don't have to have a heart problem down the road. that's not something that's preordained for you. >> thank you. i appreciate it. it's california vs. president trump. we'll show you how the state is fighting back against the trump administration policies. oh than. yeah, i took your advice and had geico help with renters insurance- it was really easy. easy. that'd be nice. phone: for help with chairs, say "chair." phone: for help with bookcases, say "bookcase."
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california has a largest population of any state at nearly 40 million people. it charts its own path on political and social issues. we're reminded of that as we mark trumps first year in office. they are fighting policies they don't like.
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>> reporter: the california republic. versus president trump. >> the resistance is. >> one year into his administration. the world's sixth largest economy fighting trump administration policies on everything. from legal marijuana to taxes to the environment. >> california is not waiting for trump. we're not waiting for all the deniers. >> reporter: and the escalating fight over immigration. >> we'll fight and win. >> reporter: now a sanctuary state. welcomed drivers to seemingly another country. the land of illegals. >> if a politician in california don't want to protect their community, ice will. >> reporter: the acting head of
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immigration and custom enforcement said california politicians who made the law should be held personally accountable. politicals here aren't worried. >> have you ever sign the california and dc. like it is today? >> there are certain policies that are radical departures. from the norm. and california will fight those. >> reporter: the immigrant community finding its voice. in the era of trump. >> we're actually working harder and galvanizing more people. >> reporter: she says the president, rhetoric and policy have only boldened her community. >> this will not be stopped. the president cannot win. he maybe there now. he's not going to be there forever. we're going to win.
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>> reporter: equally galvanized the beentertainment industry. with his deep pockets and powerful voice. >> change the way people think and feel. that's important. that's what we're fighting for. >> reporter: one of the worlds largest says trump represents a threat to the idea of america. >> we all see that the freedoms and the life we assume we have, the incredible privileges we have to be raised in the country to live in the country. we all see that, you know, how fragile it can be. >> reporter: activist in the tech community says it is a fight over principle. >> you're going to find california be completely unapologetic about fighting for what we see as values. >> reporter: working from home. one foot soldier among millions across the golden state.
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countering. resisting trump. >> to give you a sense of where things are between washington and california. right now. donald trump is the first president since eisenhower not to visit the golden state in his first year in office. that was the 1950s chl the activist i spoke to say over the next year, the focus will be those midterm elections. not only seats here in california, but all that money here in california all that organization and all of those skills those technical skills, all of that will be focussed on races here in the state. and across the country. >> thank you. when we come back the former mayor of los angeles and current candidate for governor will join me. i'll get his take on this. who's stared down the best in her sport. but for both of them, the most challenging opponent was... pe blood clots in my lung. it was really scary. a dvt in my leg. i had to learn all i could to help protect myself.
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start a 30-day trial and your first audiobook is free. cancel anytime, and your books are yours to keep forever. listening, is the new reading. text "listen 5" to five hundred five hundred to start listening today. many californiaens marking president trump ts first wreer in office by doubling down on their effort to fight hi administration policy on key issues like immigration and the environment. i want to talk about this now with the democratic candidate for governor in california. who is also the former mayor of los angeles. thank you for joining us. we appreciate it. >> great to be with you.
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>> we heard from cnn. is the state of california at war with president trump? >> i think it's the other way around. he's at war with california. new york, blue states, seems to be at war with virtually everyone in this country. civil war in his own white house. so, unlike president lincoln, who during the civil war tempted to be a uniter. spoke about bringing the nation together. this is a man who spends virtually every single day dividing americans one against another. and frankly it's an abomination. i have never seen anything like it. >> you mentioned lincoln. let's mention eisenhower. he's the first president since eisenhower who didn't visit california the latest democratic state. the largest democratic state. during his year in office.
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has the trump administration he's singling out california? >> i think it's clear. whether it's offshore drilling or he's given an exception to florida but not california. whether it's the home mortgage deduction. which he capped. whether it's state and local taxes which he also capped. he's focussed on our policies around immigration. healthcare, the environment. yes, i think it's clear. he's made it absolutely clear that he's going to do everything he can to punish california. and frankly it's not going to work. we'll take a page out of governor perry's book. we'll use the tenth amendment. the courts to stand up for california values. values that i used to think were american values. but he seems to think another
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way. >> let's talk about the reason one of the reasons you're run lg. governor brown is popular. you announce you'll run for governor on the california mexico border. in contrast with the trump campaign that spoke about walls and insulated mexicans. daca and immigration. their personal for you i know. how do you plan to take on this president? >> they are personal to me. and i think they're personal to many people. not just because my family came here from mexico 100 years ago. these people are human beings. the contrast you mentioned in my video announcing my candidacy was a contrast that's different than donald trump who called mexicans criminals and rapists. they're human beings. that's why we were putting water there. at the border.
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some 10,000 mexicans and people crossing the border have died crossing the border. little known fact since the 1990s. i think it's important -- it's not just important to me. it's important to people here in california the most diverse state. a state that is benefitted greatly from immigration. a state that welcomes newcomers. and a state by the way that has is the sixth largest economy in the world. and no small part because we trade with china. mexico and latin america. a lot of what you see out of the white house actually goes against the grin of what most of us here value. as california. and as americans. >> if you win, you'll be the first latin o governor of the state. making up 40% of california's of california. they contribute greatly to the
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state. if a daca deal is not reached, would you defy the administration and refuse to depo deport dreamers? >> we're not going to deport any dream es here. the federal government has that responsibility. we should go further than we have. i believe the agents shouldn't be able to come into a public office, a hospital, a university, a school. any public office state office. without a warrant for a specific individual. a will the of what they're doing and highlighting is they're trying to terrorize people. by going into a courthouse, unemployment line in the way they do. so i think california is going to mark its own path. you're right, they do have responsibility over immigration. but we have our own values and values that we intend to stand up for. >> you call the president
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decision to faze out daca arguably racist. the president is defending himself gens presidents he made about haiti. african nations. what did you make of the comments? >> i don't think any of us have ever heard a president of the united states speak about people in that way. so racially charged. the idea that the people who come from africa or central america are somehow not good enough to be americans goes against the grain of everything we have ever learned. and it goes against the grain of the facts. l.a. has a lot of people who have come from africa. l.a. has is the epicenter of people who come from latin america. they come here and work here. they dream here. they want the same things people want who come from other parts of the world. and the notion that some of us
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are better because we come from europe as an example. it's just goes against the grain of everything i have learned. and i believed about this great country that i love. and i'm willing to fight for. >> good luck with your campaign. thank you so much. >> thank you, don. good to talk to you. good to be on the show. >> that's it for us tonight. thanks for watching. i'll see you back here tomorrow. . . . manolo!
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there's bipartisan agreement on one thing. no one wants to give any ground. under 48 to a potential government shutdown, will one party blink or will the lights go out? >> i will have mexico pay for that wall. mark my words. >> he has evolved. campaigned to governing are two different things. >> campaign promises are made to being

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