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tv   CNN Newsroom With John Berman and Poppy Harlow  CNN  March 28, 2018 6:00am-7:00am PDT

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>> heroes, angels. they'll always with my angels. >> how can he be looking so good and doing so well when he had that brush with death? >> strong man. the luck, nurses, opposite places coming, two at the same time on the same scene and they rush into action and take the initiative. amazing. >> divine intervention. thanks for that good stuff. time now for cnn "newsroom" with john berman. good morning everyone. john berman here. mr. president, raise your right hand. this morning he might be one step closer to testifying under oath about his alleged relationship with adult film ak stress stormy daniels. did you have a sexual relationship with her? did you have knowledge of the alleged threats against her? did you know your personal lawyer paid her to keep quiet about all this?
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these are all questions the president could face under penalty of perjury after a new filing overnight by the attorney for stormy daniels asking to depose the president. we're also getting new bizarre details about the legal machinations behind the scenes. cnn's m.j. lee has been following the details and joins me now. what's going on? >> michael avenatti, stormy daniels' lawyer filing a motion overnight to depose donald trump and michael cohen, each for no more than two hours about this $130,000 payment and this so-called hush payment with stormy daniels dating back to 2016. the hearing date has now been set for april 30th to discuss all this. this is, of course, significant because it is an effort to get trump's sworn testimony under oath about what exactly he knew about all of this and whether or not this is realistic, michael avenatti is saying there is precedence and he is pointing to a supreme court ruling that
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relates to former president bill clinton. here is avenatti from this morning. >> you mentioned clinton versus paula jones in your motion. why is that relevant? >> well, it's the supreme court precedent. the supreme court already decided a sitting president can be deposed in connection with a civil matter. if that was the law then, it certainly is the law now. it hasn't been overturned. >> we have not heard from michael cohen this morning, but we are hearing from david schwartz, this is michael cohen's lawyer in an unrelated matter, but nonetheless serving as his spokesperson. here is his statement. he says all of this is a reckless use of the legal system in order to inflate michael avenatti's deflated ego and keep himself relevant. his statements are ludicrous when he asks where michael cohen and donald trump are. they are handling the case in a court of competent jurisdiction and as a lawyer, he needs to do the same. this is politically motivated and people see through this
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charade. i want to point out, john, there has been a lot of confusion about what donald trump knew and didn't know. the white house, of course, has continued to deny that there was even an affair in the first place, but then donald trump's lawyer got involved in a lawsuit against stormy daniels and then just the question about the nda and the $130,000 payment, avenatti says he had a meeting with charles harder and at one point he asked is your client, donald trump, a part of this agreement, the nda and the hush agreement? charles harder answered and said we don't know yet, we are still researching it. this is either donald trump's lawyer being unwilling to say whether he was a part of the agreement or simply not knowing the answer, and we don't know the answer to that yet either. >> it's a business sr answer. we need to remember it's coming through translation for michael avenatti, stormy daniels's attorney. m.j. lee, thank you very much. stick around. joey jackson is here, cnn legal analyst and criminal defense attorney. joey, two major issues here.
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what does stormy daniels's lawyer michael avenatti want out of deposing the president and will he get the deposition. why does he want the deposition? it seems to me this is the end, not even a means to an end. >> all right. i always thought it might be bob mueller that took down the president if it went that way. it could vel be michael avenatti. here is the distinction. we talk about whether or not donald trump with go in the mueller investigation and testify? it's a criminal proceeding. you have a fifth amendment right not to say anything, which his lawyers are advising him to do. avenatti is saying you say the agreement provides for arbitration, before we get to that, we're going to have a hearing on whether the agreement legitimate itself. in order to get to that hearing, you have something called discovery. discovery provides for people being deposed. as avenatti said, the president is not above that. you have clinton, you referenced
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that, m.j., the clinton case involving paula jones where the supreme court said you can sit for a deposition even if you're president. it relates to unofficial acts. you have no immunity. what he's going to get specifically to your question is, number one, to determine whether you had a valid agreement. was it with essential consultants or was it with you, mr. trump. what did you know about the payment? did you direct the payment, have any involvement with the payment? michael cohen said you knew nothing about it. is that true? was he acting as a surrogate to you, on his own accord? there's a lot of information to be gleaned from discovery. if donald trump sits for that deposition, as i believe based upon the motion papers he'll be required to do, and he runs a foul of the law by doing what, lying, you have a problem because you have perjury. >> all of those questions are uncomfortable for the president, both politically and personally. unclear how legally complicated they are for him if he tells the truth. if he lies, perjury, that's a whole different thing. you think this deposition -- you
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just said, you think it might happen. why, how? there's this april 30th hearing. why would a judge allow this to happen which is part of the nda? >> great point, john. here is the answer. in order for you to get to arbitration which is in the agreement, you have to establish that the agreement in and of itself is valid. part of that agreement is an arbitration provision. the challenge avenatti is making is to the agreement itself in terms of whether it's lawful and legal and whether the arbitration provisions can stand up. there's a provision, federal arbitration act, that allows for a hearing to make the decisions. before you get to aering ha, you get to discovery. in getting to f sory, you get to depositions. in getting depositions, you get to the president which entitles him to ask the president questions related to something he is very much a part of. this is serious. >> m.j., this meeting behind the scenes between michael avenatti and charles harder. why did they have the meeting? >> they had the meeting according to michael avenatti before avenatti filed these
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motions for the deposition. he says it was typical for this kind of meeting to happen before the papers are filed. i guess they're talking over logistics, it occurred to avenatti to ask is your client, donald trump, a part of this agreement? >> charles harder, the president's attorney, did not have an answer. said he was researching it, joey jackson. is that plausible? >> of course he has to do his due diligence or what have you. just think about this, in the event that avenatti gets his jury trial on the issue of whether the agreement is valid, a lot of questions will be answered. does donald trump really want to go down that road? i'm one that believes the original agreement is valid based on the ands, the ors, we've had these discussions. enforcing the agreement is another matter. if i'm donald trump's lawyer, i say look the other way. forget about 20 million, a million, forget about the
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$130,000. for you to sit and potentially perjure your self-to protect michael cohen or otherwise admit you directed this, then you get to the campaign finance issues, it's not a road worth going. >> joey jackson, m.j. lee, thank you very much. another major story this morning, the mystery train that led to a mystery meeting? who is driving the train? kim jong-un or donald trump? diplomatic drama overnight, confirmation that north korean leader kim jong-un did meet with chinese leading xi jinping. it's one major step in kim's choreographed march onto the world stage. president trump is saying there's a good chance he'll choose peace and denuclearization under maximum pressure from washington. the white house is celebrating what it considers its first trade deal, this one with south korea. cnn's abby phillip with the latest. first, on the north korea activity overnight. >> reporter: john, this is a
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president who seems pretty much happy with the way things are unfolding. that extraordinary meeting between kim jong-un and president xi in china led president trump to tweet this morning he's optimistic about the potential meeting with the north korean leader. he wrote for years, through many administrations everyone said peace and denuclearization on the korean peninsula was not even a small possibility. now there's a chance kim jong-un will do whalgs right for humanity. in a second tweet he talks about this message relayed to him from xi jinping of china about his meeting with kim jong-un which he said went very well and kim looks forward to meeting with me in the meantime and unfortunately maximum sanctions and pressure must be maintained at all costs. that last bit is the official administration position on all of these developments as they unfold, that even in spite of the prospect of a meeting between president trump and kim jong-un, they have to maintain this maximum pressure because,
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of course, kuim jong-un hasn't shown steps towards denuclearization yet. at the same time, this is a problem that has vexed president trump since the beginning of his administration. he feels there's progress being made, he's about to go in a direction that no other previous president has been able to go on this subject. >> meanwhile, overnight abby, an announcement of a trade deal with south korea, something the administration is very proud of. >> reporter: that's right. it's happening almost simultaneously with all this talk about negotiations with north korea. essentially this trade deal puts aside some of the underlying trade questions that have existed here between the united states and south korea since president trump announced tariffs. but this deals with what happens with u.s. car -- south korea car imports into the united states, and it establishes a higher threshold for how many cars the united states carmakers can export to south korea. it was 25,000 in a previous deal
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in 2012. now it's 50,000. but the problem is, only 11,000 cars have ever been exported by any u.s. carmaker in the past. it also exempts south korea from some of the steel tariffs that president trump placed in recent weeks. again, this deal seems to be an effort to just put the trade issue aside. but from a practical perspective experts say it may not do a whole lot when it comes to actually happens between south korea and the united states on trade, cars and steel. >> the u.s. doesn't actually sell that many cars in south korea no matter how hard it tries. abby phillip at the white house, thank you very much. kim jong-un's trip to china was his first journey out of the country since taking power. it is hugely symbolic and maybe more than symbolic. cnn's ivan watson for us in seoul. ivan. >> reporter: this was a secret summit, kind of hard to believe that the chinese and north koreans could pull this off. basically kim jong-un making his
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first trip outside of the country since assuming the throne in pyongyang more than six years ago, and he went to north korea's closest ally going back more than a half century, china. it was a four-day trip and both governments kept it quiet until kim jong-un got back to north korea on this special train that he took to and from beijing. now, this came after years of frankly frosty relations between beijing and pyongyang. they were not getting al long very well, and it wasn't helping that north korea was conducting nuclear weapons tests, firing ballistic missiles that were against -- that were banned by united nations security council resolutions. xi jinping basically brushed aside the differences saying the close relationship is a strategic choice and the twro countries should not allow isolated incidents to disrupt that. for his part, kim jong-un
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mentioned that denuclearization is a possibility provided there's cooperation from the u.s. and south korea. and that's a very important concession, john, because pyongya pyongyang's position in the past has been that removing its nuclear weapons, getting rid of that arsenal is a red line. it's taboo, non-negotiable. here he is floating this possibility. then we had an extension of an invitation to xi jinping to visit north korea in the future which we hear the chinese leader has accepted. what does this say? well, north korea's isolation which has been extreme in recent years is coming to an end and also some of the differences have been smoothed over which may give kim jong-un a stronger bargaining point when he goes in to talks with the south korean president next month, and then the expected historic face-to-face meeting with president trump sometime after that. john. >> very interesting to watch. kim saying the words he knows he
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needs to say to get the progress he wants. ivan watson, thanks so much. questioning the president under oath. the lawyer for stormy daniels asks a judge to let him depose the president. will he have to sit down for sworn testimony? investigators for the special counsel say they have found a link between former trump campaign deputy chair rick gates and a russian intelligence network. what that means for the investigation, plus -- [ [ chanting ]. >> that's stefan clark's brother at a city counsel meeting in sacramen sacramento. dozens of protests, what they want from lawmakers have police shot and killed that man's brother.
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the president says he's looking forward to his talk with north korean leading kim jong-un
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but he will continue maximum pressure on north korea. joining me is mike roger, former house intelligence chair. mr. chairman, thanks for being with us. the president is celebrating this meeting between kim jong-un and xi jinping overnight writing among other things, there's a good chance kim will do what's right for his people and humanity. look forward to our meeting. do you share this optimism? do you see the same progress? >> listen, i think the president had some good wins here. i think even the trade deal with south korea was an important step. it wasn't huge. it's not going to make a huge difference in the economy either way, but it's an important step, especially for automakers in the united states. so that was an important deal. that got our relations back on from economic purposes with south korea. i think the meeting in china was all about xi. he's trying to make sure that president trump understands that that's his region. he is going to dominate that region. by the way, if he wants him to come up by train, he's going to have him do that.
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i'm not as opted mystic although i do think conversations are important. >> the chinese-north korea meeting is very complicated in a number of ways for the its yeah. south korea didn't know it was going to happen. it might give china leverage in the future. it strikes me that kim here is still getting everything he wants. this is all still part of a plan, a carefully choreographed plan that began on new year's from kim. who is driving this train? >> well, this is not uncommon. unfortunately if you look at his grandfather and his father, kim jong-un's policies haven't changed a bit. he has learned from them that, if you rattle your sabre, push aggressively on, in this case nuclear weapons, you'll negotiate, get something you want and you go down the road and try to do the sam thing. we have to be careful that we or not caught in that trap again. >> he wanted the meeting with china, the meeting with south
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korea, he wants the meeting with donald trump. he's getting all three of those things. "the new york times" reporting overnight that north korea is firing up a new actor. it's hard to distinguish between the two. should this be a concern heading into these meetings? >> i think so. there's no inspections of this reactor at all. so that is a huge concern. again, it puts kim jong-un in a better place to negotiate where he wants to go on his nuclear program, and in his mind, we need to understand what he's thinking. he believes if he gets a robust nuclear program, both weapons and civilian, it allows him to be in the driver's seat to negotiate what happens in south korea and north korea's unification. he agrees that. all these steps that serve to highlight him on the international stage and then at home is not working to our advantage in any negotiation that the president of the united states might have with kim
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jong-un. >> it strikes me as odd, mr. chairman, we heard from south korea that kim jong-un wants to meet with the president. we now heard from china that kim jong-un wants to meet with the president. the one person we haven't heard from is kim jong-un or north korea. why? >> i think our president has been very out there saying he wants this meeting. the more he plays coy, the more he plays he's in the driver's seat in these discussions, the better off for him. if i were him, i wouldn't talk about that meeting either until maybe a couple days before it happens and says the united states wants to have this meeting that bad because they need my guidance and leadership in the region, then let's have it. they're very, very good at setting the table for the best outcome in anything like this. that's why i think the xi meeting was more for the chinese president than it was for kim jong-un. ill still gave him stature. the same with south korea, it gave kim jong-un stature. this meeting with president trump will give him stature.
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without having to give up anything, he hasn't given up anything yet even to get these meetings. i think that's the most concerning part about the strategy. we're letting him drive the train on the strategy, no pun intended on driving the train. >> pun well taken. i used it, too. thank you for affirming my use of that. >> well done, john. that was a great pun. >> look forward to talking to you in the future. members of special counsel robert mueller's team say they uncovered a connection between someone working inside the trump campaign and someone connected to russian intelligence. what this means for the investigation, that's next.
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overnight an intriguing development in the russia investigation. lawyers working with special counsel robert mueller say they've uncovered a connection between trump campaign deputy chair rick gates and a person who worked for russian intelligence. that contact took place between these men actually during the campaign. joining me now, cnn's crime an justice reporter shimon prokupecz. what have you learned? >> this was all revealed last night in a court filing by mueller's team regarding the sentencing of that dutch lawyer who pleaded guilty to lying to investigators about his conversations with rick gates. this lawyer was doing work with man ford and rick gates on lobbying work out of ukraine. the details in the court file point to more allegations that senior members of the trump campaign were communicating, as you said, and conducting
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business with a russian person connected to russian intelligence. so this information that is contained in this court document basically says that rick gates and this person a, this intelligence official, were directly communicating in september and october 2016, that person a had ties to russian intelligence services and also had these ties in 2016, and also that this intelligence person, this person a, he worked with rickm ri manafort and gates. he did work for manafort in ukraine. significant in that it points to more information that senior members of the trump campaign were communicating with russian intelligence. >> shimon prokupecz, thank you very much for that report. joining me cnn reporter bianna golodryga, senior political
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writer at 538, perry. people will hear that report and say, the deputy campaign chair had contact with russian intelligence. is that what's significant here a? is it b, more proof that robert mueller has deep knowledge of what's going on here, c, rick gates is cooperating, maybe that's the importance here or maybe d none of the above. >> or all of the above. we first of all have a case where lying has been uncovered throughout this investigation. when it came to manafort and gates and their past ties with russians, it had always been in the past, when we worked in the ukraine, before we started working with the trump organization and the trump campaign. fast forward to this news overnight, working with the former gru officer, russian military intelligence -- and by the way, he still had contact with current russian military intelligence, took place during the 2016 campaign. that's putting these two gentlemen high up the ladder in the trump campaign right there
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at the time that the president was running -- the president-to-be was running for president, they were having connections with former russian intelligence. that's a huge leap from past relations. >> the fact of the contact may be significant. we have no knowledge whether they were communicating about the campaign. >> but they lied about it. >> to shift gears to what we're not hearing from the white house or the president specifically. margaret, the president has remained completely silent on the stormy daniels issue. i think it's been five straight days where we've had no public events from the president of the united states which seems to me pretty deliberate, trying to f a void the press and questions about what's going on with stormy daniels. margaret, among your many jobs, your president of the white house comments associatirrespon association, this seems to be a long time without public events. >> the president in general doesn't like to do the wide ranging news conferences.
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i was in mar-a-lago with him over the weekend and we didn't see him in person at all, other than boarding and deplaning air force one. of course, that was before the "60 minutes" interview. we were hoping to catch a couple minutes with him, and he wasn't really amenable to that. look, the stakes here are very high, and it's not incredibly surprising that white house aides and maybe the president himself want to limit his exposure to off-the-cuff comments at a time like this. i think the developments of the last few days have shown us there's so many things that we don't know and that the president and his team may not be able to anticipate yet about legal challenges, using the courts to try to get him to be deposed, this sort of thing. anything he says between now and then become a part of that process. so that may explain part of his caution. >> he can't hide forever, margaret. sooner or later he's got to hold
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a public event. sooner or later someone who works in the white house with you covering him every day is going to shout a question. >> certainly. he's the president of the united states and the white house is the people's house. in the past we've seen the president -- all presidents seek to have public events on their terms, when there's something he can talk about to drive the narrative so he can deflect questions or answer the policy questions he wants to answer. as you know, there are personnel changes that may be coming. it may be events like that where we're more likely to hear from him because he doesn't want the only question to be about this. you're absolutely right. there are events approaching closely, the foreign leader visits, an international summit coming within the next couple weeks. the president will have a lot of face time with the press corpse that cover him and the public. he has to be prepared to either answer this question or deflect it effectively. >> perry, the white house is arguing that this silence and
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this story in general is not hurting him in the polls. the polls we have seen show his approval rating ticking up over the last month. they also show the fact that americans believe the women in this case. what are you seeing in the numbers? >> the numbers show throughout these last few weeks that we talked about, daniels and the potential of a payoff that trump is between 38 and 41% approval, 42% approval in the polls. that's where he's been for a long time. trump seems to have a stable group around americans who support him pretty much no matter what. and the majority of the public does not support him. the numbers haven't changed. i'm not surprised by that. if you watch sunday's interview, anything surprised most americans, i don't think donald trump people thought was a paragon of virtue, someone who is the most faithful husband in the world. i'm not sure the interview jumped out at people. the one advantage trump has if you compare it to the 1990s is republicans control congress. you can imagine what you heard
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on sunday, can turn into a lot of hearings and a lot of questions about coverup and payoffs and michael cohen's role and how trump treats women. you're not likely to see hearings like that on the hill because republicans control the hill right now. next year i think you could potentially see it. you could see a focus on what exactly happened here and the overall things we saw on sunday and what that means about trump's behavior and if it's legal or not. >> bianna, i got to ask you a question about russia. now i'll ask you a question about business. the white house made a trade deal with south korea having to do with steel and auto exports. it's not clear that there's much in it but the white house is proud of striking this deal. is this a sign of more deals they can strike going forward using the sticks of these tariffs? >> it's hard to take this deal away from the bigger geopolitical issue at hand and, of course, that's north korea. south korea may have agreed to
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this deal in a way to calm the president down and focus on something that they're a bit more concerned about. as you said, the president, a lot of rhetoric and talk went into the significance of this deal when you read the fine print. there's not really that much there. so the president gets a win and south korea can focus on what it wants to focus on. that is north korea and the impending meeting that the president may have with kim jong- jong-un. can i throw one more thing into the stormy issue. it speaks volumes that the president, whether he means it or not, has says he's willing to sit down with bob mueller. we have not heard the president come out and say he's willing to be deposed. it speaks volumes as to how the president feels about this issue, perhaps, and why he's not tweeting and why we're not hearing from him. >> the comparison is absolutely -- >> he may have met his match with stormy daniels. >> one thing the president is tweeting about today is guns, after retired supreme court justice john paul stevens
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suggested that the country should repeal the second amendment. this is what the president wrote. the second amendment will never be repealed, despite words yet from former supreme court justice stevens, no way. we need more republcans in 2018 and must always hold the supreme court -- first of all, no party actually holds the supreme court, no matter what the president thinks there. in the minute that op ed came out a lot of people remarked that this was handing a potent political issue to gun rights advocates who always say people want to take away our second amendment rights. many democrats saying no, we don't want to do that. now john paul stevens has said we want to take away the second amendment. >> i would say most democratic candidates will be talking about things like expanded background checks and raising the age from 18 to 21. i think overall, i'm not sure gun rights advocates even before
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this op ed were saying democrats oppose the second amendment. marco rubio said that on saturday, in fact. i already think both sides are pretty animated about this issue. the big switch over the last year is now you always had on the right a pretty intense group of people who voted on that gun issue as a single issue. i think now you're seeing on the left, you have a pretty passionate group of gun control advocates who are going to vote on that issue and vote against people who do not share their views on that issue. >> we'll see. it would be a first really. but we will see if that takes place. thank you so much for being with us. protests erupt in sacramento at a city council meeting over the police shooting of stephon clark. now the state of california is investigating. >> as you point this to our counsel, does this look like a gun?
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>> stephon clark! >> the chief of police got my brother killed. he didn't care. he shows no emotion at all. >> that's the brother of stephon clark along with hundreds of frustrated protesters eventually shutting down sacramento's city counsel meeting. clark was fatally shot after a foot chase and entering his grandmother's back yard. he was shot 20 times. police say they thought he had a gun. he did not. just a cell phone which prompted this from protesters. >> does this look, as you point this to our counsel, does this look like a gun? >> he was shot at 20 times i should have said, not shot 20 times. california's attorney general is promising an independent investigation into clark's death. and the sacramento police department itself. joins me is cnn's legal analyst james gagliano. the fact that the attorney general is stepping in for this
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investigation. how significant is that? >> john, i think it's appropriate. is it significant? there's a debate amongst law enforcement circles that says you should not take these investigations out of the hands of the local d.a. because they have a better understanding of the area and of the police department. but i don't think the attorney general can work this in a vacuum. i think he's going to need investigators from the police department. but i think there needs to be an independent investigation, and i think the attorney general's office is the right place to start. >> what questions do you have? what are the outstanding issues here? >> there's a number of outstanding issues. people will make hay about the fact there were 20 shots fired. i'm hearing through channels that the actual hits were only in the neighborhood of four. that's consistent with police officers that were responding to apparently calls that there was somebody breaking into cars. then they see a fleeing person. is that consciousness of guilt or someone who doesn't want to have contact with theme police department? these officers are ed to make
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snap judgments under cover of darkness. >> one question is did they have reason to believe he was breaking into the windows? we don't know if he was or not. that's an outstanding issue. number two i would imagine is what was in his hands. it was a cell phone. they thought it was a gun. >> people think for a police officer to discharge his weapon and employ deadly force, they have to be fired upon. that's not the case. the standard is a reasonable person or a reasonable officer with the appropriate training would have felt threatened and could articulate that under those circumstances they thought their life was being threatened. we're going to have to wait to see what happens here. those officers are certainly duo owen titled to due process. it's a tough time because in that city there have been two recent shootings of unarmed black men that has the city on edge. >> in baton rouge, alton sterling, you can have an investigation and the results can be, well, they followed
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procedures, they went by the book, even though an innocent person was apparently killed. if they went by the book and an innocent person was killed, do you need to change the book? >> you may have to. that's all processes and protocols. the two police officers exonerated, essentially not indicted by the state of louisiana, the attorney general, they may still lose their job for not following departmental procedures. but did what they do, was that murder or manslaughter? i would argue that the fire department federal government conducted an investigation into whether his sil rights were violated. that was none. that was followed by a concurrent investigation by the state that came to the same decision. >> we saw the protests in sacramento. how hard saturday to conduct any independent investigation in that atmosphere? >> it's very difficult. we have to tune out the noise. these are hard because a tragedy happened. a family lost a child and a father and a brother. but by the same token, those two police officers, their lives
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irreparably changed also. >> james gagliano, thank you very much. hundreds of families' plans shattered after a fertility clinic loses thousands of embryos and eggs. details next. looking at her man. you can't judge a daughter by looking at the mother. you can't judge a book by looking at the cover. taking one look. try to read me like a book but i leave 'em all shook 'cuz you can't judge a book by its cover. you can't judge a book by looking at the cover [x2]
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with pg&e in the sierras. and i'm an arborist since the onset of the drought, more than 129 million trees have died in california. pg&e prunes and removes over a million trees every year to ensure that hazardous trees can't impact power lines. and since the onset of the drought we've doubled our efforts. i grew up in the forests out in this area and honestly it's heartbreaking to see all these trees dying. what guides me is ensuring that the public is going to be safer and that these forests can be sustained and enjoyed by the community in the future.
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this morning nearly 950 families are learning their frozen eggs and/or embryos have been lost. officials at one ohio fertility clinic are saying a storage tank failure so to blame for the loss for 4,000 specimens. joining me with much more, bryn, i have to believe this is devastating for the families and all be blamed on an alarm? >> yeah, i can't imagine getting
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this news and this was your only hope. we talked to those suffering through cancer and they had hope before, it's pretty good gone. it's on a malfunction issue and this is really doubled the amount than originally thought. we were talking about roughly 950 families now affected and it's due to a freezer malfunction where embryos were stored in a cleveland facility. in a letter they said this. the technical manner in which the eggs and embryos are stored in the freezers complicated our initial determination of how many patients and specimens were affected. we're heart broken to tell you it's unlikely any are viable. previously again, there was hope that some specimens would be okay. how did this happen? according to the hospital, temperatures fluctuated inside the liquid nitrogen tanks. the tanks do have a remote alarm system to alert staff when this happens but for some reason, the alarm had been switched off.
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now, that was complicated by the fact that the temperatures rose over the weekend when the lab isn't staffed. in this particular tank the hospital admits was having technical issues for several weeks and in the process of fixing the problem, moving the embryos but that hadn't yet happened when this all malfunctioned. university hospital has offered free services to its patient and waived storage fees which you can't imagine is not very comfortable for several years but lawsuits are flooding in. >> it seems to me, if run one of these kinds of facilities your one job is to maintain the viability of these specimens. what kind of lawsuits and how much damages might there be? >> that's what the one lawyer wants to know representing about 40 to 50 families, how did this happen? this was your one job. was it a mistake? did someone get annoyed the alert was going off and switched it off area forgot to switch it back on. it was complicated that it
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should have gone off and temperatures rose over the weekend so nobody was there to check on the tanks. but they are expecting obviously more families and 950 family affected, only 50 part of the lawsuit. >> they are expecting more. >> this was the last chance, only chance. our hearts goes out to them. this morning we're learning new details about the man accused of sending suspicious maccages to military and government offices around washington. he sent more than ten boxes with xploexplosive materials to the and cia and other buildings. the devices were cheap, would not have caused injuries if they exploded and also contained a rambling letter one letter did mention president trump and they are not considering it a serious threat. a bipartisan effort to fight sexual discrimination, all 22 female senators calling on those to strengthen procedures for
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sexual harassment victims. the letter expressed their deep disappointment over the senate's inaction so far. two kansas water park executives facing second degree murder after a 10-year-old boy was killed on a water slide in 2016. his raft went airborne and he was fatally injured. two other women were also hurt. the indictment says park officials knew about multiple issues with the ride but did not address them. park employees came forward revealing the park covered up similar incidents in the past. president trump silent when it comes to stormy daniels. but perhaps, that won't be for long if stormy daniels attorney gets his way. new important legal developments overnight. stay with us. duncan just protected his family
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good morning, john berman, the president's silence on stormy daniels, will it come to an end by legal force? a short time ago the lawyer for stormy daniels filed a new motion asking to depose the president, putting him one step to testify under oath and answer questions about what he knew and when about hush money paid to keep her quiet. mj lee following the very latest on this story, new filing overnight. >> this is a very significant development because stormy daniels' lawyer is now trying to get a sworn testimony under oath from president trump about what he knew about this so-called hush agreement with stormy daniels. he filed this overnight to try to depose both donald trump and

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