3-1 lead over the golden knights in the second period. knights got within 3-2. a stunning save by holtby helped preserve the lead. it was a beauty with the paddle. one of the all-time greats in that stanley cup final. all righty. it is that time. thanks for joining us. i'm christine romans. >> i'm dave briggs. "new day" starts right now. see you on friday. he shouldn't testify. the whole thing should be squashed. >> a newly disclosed memo offering inside into the firing of james comey. >> does this all add up to obstruction of justice? >> he's simply attacking him for something he was obligated to do. >> he has a right to hire and fire the attorney general. >> he wants someone to be a loyalist to him not a loyalist to our constitution.

>> you can't take a clearly racist tweet and condemn it. you're at least saying i don't care. >> i don't think he is in a spotlight now to talk about this. >> he is the president of all people. damn it i wish he would start acting like it. >> this is "new day" with alisyn camerota and john berman. >> welcome to our viewers in the uned states and around the world. it is thursday, may 31st, 6:00 in new york. how are you? >> i'm doing well. i just had chum cake. >> this is going to burn a lot of calories, this show. >> weight loss from cake. >> here's our starting line. "new day". new attempts to undermine robert mueller's investigation. rudy guiliani now setting a red line for mueller to release his results by september so as not to get too close to the midterms, giuliani says.

what if the investigation is not complete by then? it comes as he calls mueller's team a lynching mob. andrew mccabe has turned over awe confidential memo that he wrote about james comey's firing. mccabe details a conversation that he had with deputy attorney general rod rosenstein in the days after comey was dismissed. mccabe was reportedly concerned that rosenstein was providing a cover story for why the president fired comey. >> does rosenstein have a conflict of interest because he knows the president was thinking about russia when he fired comey. he may have to recuse himself here. secretary of state mike pompeo meets with a former top spy. this is the highest level on u.s. soil in two decades. when roseanne barr makes a racist comment about valerie

jarrett, who deserves an apology? well, president trump, at least according to president trump. no one is more victimized by this than a 71-year-old white guy. he said nothing about the racism. what is he really saying here? let's begin our coverage from joe johns live at the white house. joe? >> reporter: good morning, john. what we have here are some fascinating new details about the interactions between top officials at the justice department as well as the fbi in the days immediately after the firing of fbi director james comey. president trump's attorney, rudy guiliani, setting a red line for special counsel robert mueller, urging investigators to wrap up their probe ahead of the midterm elections. >> by september. >> reporter: giuliani saying he doesn't think mr. trump will fire special counsel, although a

source tells cnn president trump and his team are going to continue to use the investigation as a political weapon heading into election season. >> so you've got a group there that is a lynching mob. we will let the american people decide this. >> reporter: congressman trey gowdy undercutting the latest attempt to undercut the russia probe by saying the fbi planted a spy in his campaign. >> the fact that two people who were loosely connected with the trump contain may have been involved doesn't diminish the fact that russia was the target and not the campaign. >> reporter: the white house continue to go push the claim but providing no evidence. >> given what trey gowdy has said, is the president prepared to retract the allegation that a spy was spying on his campaign? >> no there is clear cause for concern that need to be looked at. >> reporter: jeff sessions' job

is safe for now. >> what is he saying now? >> no doubt he has some grievances. >> reporter: mr. trump characterizing it as an unforced betrayal of the president of the united states after lamenting that he had picked someone else for attorney general. all of this as a previously undisclosed memo written by andrew mccabe offers new insight into the circumstances surrounding the firing of james comey. a source tells cnn the memo details a conversation between mccabe and deputy attorney general rod rosenstein. during that discussion the president asked him to reference the russia investigation and his letter recommending comey's termination. rosenstein did not comply and

focused on comey's handling of the hillary clinton e-mail investigation. >> he made a recommendation. but regardless of recommendation i was going to fire comey. i said, you know, this russia thing with trump and russia is a made-up story. >> reporter: the "new york times" report said it helped to provide a cover story for the fbi director's firing. that memo now in the hands of the special counsel's office, according to reporting by the "new york times". a chance to get a question to the president abouted latest developments coming this morning as he heads out to texas. he'll be participating in fund-raisers in houston and dallas. alisyn and john, back to you. >> joe johns at the white house, back to you. joining us now is john avlon and laura coates. rudy guiliani says the mueller team is a lynch mob but this lynch mob better finish its job otherwise it will be an unfair lynch mob.

>> we are deep in the metaphors territory. this is beneath him. it is not consistent with his career as a prosecutor. he knows better, and it's disgraceful to invoke lynch mob in this circumstance. second thing, rudy guiliani is clearly playing the court of public opinion. he has no ability to set a clock with a september deadline. rudy guiliani knows that full well. so i don't think this hyperbolic play, this is designed to appeal to his base. it doesn't comport with reality into the investigation. >> it feels like the september 1st arbitrary date is more spaghetti they try to throw at the wall to see what sticks in terms of undermining the investigation. it feels like every day some sort of new effort at why it is not legitimate or why we should be suspect of it. however, on the flip side, does

jewel appy have a point that after september 1st it does get dangerously close to tainting the midterms and mueller does need to be aware of the date of the release. i mean, maybe holding it until after the midterm elections. what about that? >> i think mueller is already aware there are standing doj regulations first in place by mccasey and rubber stamped by eric holder because it was so universal. i don't think mueller is enlightened by the statement that rudy guiliani has provided for him. i think he was aware he had to do it before or wait until after. the irony is the reason why there has been a delay perhaps in concluding the investigation, at least the part involving donald trump is because donald trump and rudy guiliani refuse to meet with the investigative team. if they were to meet with him right now, perhaps that deadline may be possible. because they continue to say

they have no intention or they are waffling or there's so many contingencies and caveats self-serving and gratuitous, it can't possibly be done. his comments about a lynch mob are perhaps beneath someone. but if who he has become, i think it is on par with who he is at this moment in time. they are running out of synonyms to describe this paranoia. either way, there is an investigation going on and they continue to ump indicate themselves in their own actions. >> he already called them storm troopers. lynch mob is right there. it is right there in the same offensive dictionary right there. september 1st, chris coons, democrat from delaware yesterday, also told us he thought it would be inappropriate for mueller to come forward or release things after september 1st. >> it makes sense. it does get close to the election mind-set. >> the other thing is i believe

a lot of things about comey and timing. pulling a comey. i think maybe the white house and the people inside the administration are telegraphing what will come out from this inspector general report from horowitz. parts could be released soon. maybe they have an inkling about what that is. stay tuned. stay tuned. seemingly, out of nowhere yesterday during our show yesterday the president tweeted i wish i had hired someone else. overnight he put out this, joe digenova says it was an unforced betrayal of the president of the united states. what does he get out of this? there can't be a possible legal advantage to this. >> no.

this is pure emotional catharsis somewhere on the part of "mean girls." we know jeff sessions has been interviewed by the mueller problem in ways that could create a real problem for donald trump. ie, unrecuse yourself because i want you involved. eric holder would have protected president obama. so that should be in place for me too. the obstruction pattern does not look good for the president. attacking, victimizing and humiliating his attorney general in public, that may be a personal quirk of the president, will not hurt his legal defense. >> laura, what about that? asking jeff sessions to unrecuse himself, which is a new verb, is that obstruction? does that play into obstruction?

>> now we have up recuse, a whole vocabulary now because of the president of the united states. in and of itself, it is not obstruction in isolation. usually obstruction cases are developed based on pattern, practice and behavior that suggests a motive. if you don't already have one, it is trying to establish what the the motivation for doing so? it suggests we have all been thinking up until now perhaps the statements and firing of jim comey is where the investigation about obstruction would begin. it predates that now. perhaps it was the fact that the president thought compelled and his intent was made clear by the fact that jeff sessions reaccused himself and he took on the enormous burden of trying to have a way in this investigation. it puts the clock back further. it gives us further illumination on what mueller is thinking. it doesn't take much to figure out that sessions' recusal led

the united states to do the activity he did. it is the overall pattern that is important. >> we have one new nugget thanks to the "new york times". andrew mccabe, former director of the fbi, wrote a motorcycle that said rod rosenstein that the president wanted him to include russia, wanted him to use justification, russia as a justification for the firing of james comey when rod rosenstein wrote his initial memo criticizing james comey. we did not have that detail, john. that is a new detail. andrew mccabe, according to the united stat "new york times", may be providing cover for the president there. this idea we now really do seem to know what the president was thinking about notwithstanding the fact that he told us that. >> the first fact pattern is that he said it and contradicted the talking points.

>> when somebody tells you something, you should believe them. >> yeah. remember, the original cover story was defending the honor of hillary clinton and the republic from jim comey really letting her down during the campaign. and trump sat down with lester holt and said, that was russia. this new fact pattern i think is important, though. you have multiple contemporaneous memos. people in law enforcement being so concerned they write a contemporaneous memo. that is a proof point that won't be easy to ignore. it establishes a degree of intent. and the question if he was providing a degree of cover for the president, all troubling facts. >> laura, does that make rosenstein now compromised? >> i think he was always compromised in a way, alisyn. his memo that was written in large part with jeff sessions, was also always used as a cover for the president, although the president in his lester holt

interview was very dismissive of that. he always had you it in my mind regardless of what was recommended to him. he was always a concerned about what his role would be and if he had done so. the fact that we have the new nugget. chose not to does discuss the d innt on the motivation of the president of the united states. that's what compromises him more. it would be unfortunate for rod rosenstein to be conflicted out. you would be starting over the person who is overseeing mueller's work and potentially having even further delay which would reinforce giuliani's concern. you can't replace the person overseeing mueller is and expect it to be a seamless transition. it is a problem. >> it is fascinating. rossen stein knew that the president wanted russia to be the part of firing james comey. apparently he talked to robert

mueller, asked mueller, hey, is there a problem here? mueller hasn't said anything. so we'll see. >> laura, thank you for helping us all of that. john, you as well. a top republican rebukes the president's spying narrative. still, the white house continues defending the fact-free claim. why? is this work something we'll dig in on that. [ camera shutter clicks ] so, now that you have a house, you can use homequote explorer. quiet. i'm blasting my quads. janice, look. i'm in a meeting. -janice, look. -[ chuckles ] -look, look. -i'm looking. it's easy. you just answer some simple questions online, and you get coverage options to choose from. you're ruining my workout. cycling is my passion. you'(vo)have to happen?idn't i didn't see it. (vo) what if we could go back?

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i am even more convinced that the fbi did exactly what my fellow citizens would want them to do when they got the information they got and that it has nothing to do with donald trump. >> okay. that was significant. because that was republican house oversight chair trey gowdy who has seen the evidence, defending the fbi's conduct in the russia investigation. he's the one who got the classified intel briefing. however, the white house continues to push president trump's debunked claim that the fbi planted a spy in his campaign. >> given what trey gowdy has said, is the president prepared to retract his allegation? >> no. apparently there is still cause to be concerned with. the deputy director of the fbi was actually fired for misconduct. the president is concerned about the matter, and we are going to continue to follow the issue. >> back with us, john avlon and

laura coates. what does andrew mccabe have to do with the price of tea in china? >> nothing. nothing. the inquiry that ultimately led to his suspension and firing which was begun by jim comey was about a leak investigation in the late 2016 investigation. >> stop using facts. >> facts keep getting in the way of the narrative. >> it has been debunked. there is no spaoeufplt the fbi was doing exactly what the fbi does. this is their m.o. >> this is trey gowdy, poster boy. the facts aren't in their favor. they threw a lot of spaghetti at the wall, as you say. but this is not working out. trey gowdy has seen the information, had the briefing, not buying it. >> i will say my theory is that they know the inspector general report is coming out, the horowitz report. maybe they know what is in it.

maybe he will provide a guilt by association cover. listening to giuliani, all of a sudden they are pulling a comey claims. i think they know something is going on. giuliani has a lot of talents when he is talking about things. we saw it during the campaign. things don't get said for no reason. there could be cognitive dissidence here for the white house and the president. he likes to watch fox news to learn what he thinks about things largely. and fox news, one of his favorite sources on there, judge that pnapolitan napolitano, says there is nothing to see. >> the allegations over the weekend which would lead us to believe that the trump people think the fbi got an undercover agent who tpepbing a elled his way into the campaign seem to be baseless. there is no evidence for that whatsoever. >> it really does seem that giuliani and the team are using

this as an investigation for not cooperating down the line. is there any other reason? >> no. this is difficult to ever explain and justify one's own paranoia. remember the rule of three. trey gowdy say it, napolitano. the third person needs to work the charm. there is no spy. spygate was a narrative to delay an interview with mueller and their team. i also heard trey gowdy talk about it was not about you, which is a theme that has happened since james comey initially spoke to the president of the united states. why hasn't the president been interested in a counterintelligence probe by the fbi, by others to say that russia has tried to investigate and -- or russia interfered and tried to influence our elections. it is not particularly about him. it's about whether or not someone is trying to undermine our democratic institutions.

from james comey's comments and private dinners until now, the president is hanging on to a theme with absolutely no substantive evidence other than perhaps his own paranoia. >> kanye or kim kardashian. it could end up being there. >> i think there has been a third person and a fourth. we have heard from marco rubio, mitch mccoupnnelconnell. mitch mcconnell was more vague, but he certainly didn't seem to think there was a headline in what he had seen in the intel. >> no. these are people who treat the president too often with kid gloves because they don't want to get in the way of his machinations. once you lose judge ness, i don't know you can come back. >> he hasn't been in lock step with the president.

he has been calling out legal things he sees. >> trouble in paradise. we will see what happens with judge jeanine. >> let me ask you about michael avenatti, who has been on tv a lot. before that had an interesting day in the courtroom. the judge in the various trials basically said you can either be a lawyer in this courtroom or be on tv. he chose tv. but he also came out and said that there are reportings. we learned in the courtroom that there are recordings that michael co hhen made. listen. >> what is on these tapes that the public needs to know? >> jake, our understanding is there are countless hours of recordings and conversations between michael cohen and others, including mr. davidson. we also understand that the

conversations include conversations with mr. trump. these were seized by the fbi in connection with the raids. >> all right. a, significance of recordings. b, significance whether there was recordings of the president of the united states. and c, will we ever hear it. >> it is not significant unless it bears on a case. the fact that there may be conversations about gold-toed socks they're wearing that, has no bearing on the investigation in new york or california or any other state hopefully. without telling us what the substance is, saying he had countless hours of conversation with him, we already know that. he was the fixer. what is the legal aspect? without that, i can't give credence. remember, if the president was speaking to him and it had to do with criminal activity or some nefarious incident or anything else like that, it would only be covered by the attorney/client

privilege if, one, they were acting as attorney and client and not having a simple conversation but made for the purpose of legal advice. number two, you do have the exception that says it doesn't matter if they were acting as attorney and client if they were talking about criminal activity. that would be significant for the president and very troubling. finally, will we actually hear it? the judge has been averse to have avenatti straddle public opinion and the court of law. i doubt we will hear anything that's not relevant. >> gold-toed socks are a national security issue. so perhaps there is a hook right there. in hours, secretary of state mike pompeo set to meet with the former spy chief right here in new york. can they get this summit on track? the latest details next.

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in just hours, secretary of state mike pompeo will meet with north korea's spy chief in new york after dining with him last night. kim yong chol is the most senior official to visit in 20 years. michelle kaczynski joins us with more. >> reporter: this is kim jong-un's right-hand guy. we saw them coming out of dinner last night. they were smiling, talking, having a good time. one of the pictures pompeo seems to be showing him the new york skyline as if to say this could all be yours. we're showing you a path forward. there are a couple of purposes here. we want to get things back on

track and even see if president trump kim jong-un summit can happen. are they at least on the same page for that. secondly, they want to show north korea that they have a better future if they denuclearize. if they keep nuclear weapons, they are actually less secure than if they don't. and lastly, the state department confirmed what we have been reporting from a source. the u.s. wants to see some big gesture from the north korea ans at this summit with president trump if it does happen. they said we want to see something historic. we want to see something that has never been done before. they want the north koreans to show that they are serious about denuclearization, that that means the same thing that the u.s. wants it to mean, and that north korea will have to do something and make some step towards that that they have never done before. keep in mind, guys, as this is happening, the russian foreign minister lavrov is meeting with

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so at least we know how president trump feels about roseanne's racist comments about valerie jarrett. he has broken his silence, not condemning it. instead, he's asking for apology for him. he wants an apology. joining us now is cnn political analyst april ryan, wesley lowry. wes, you were both on here yesterday. we were wondering if the president would weigh in, saying anything about roseanne. he said no, it's all about him. he wants an apology from abc.

this is how sarah sanders justified it at the white house yesterday. >> where was bob iger's apology to the white house staff for hill calling the president and anyone associated with him a white supreme sift? to christians around the world for joy behar, kathy griffin holding president trump's decapitated head, where was the apology for bob iger hiring keith ol' berman after his numerous tweets calling the president as a nazi and expanding the role after that attack against the president's family? this is the double standard the president is speaking about. no one is defending her comments. they're inappropriate. but that's the point that he was making. >> april, sarah reading off talking points almost as if those were dictated to her pweup

someone. for instance, perhaps, the president. >> well, sure. >> what do you make of that april? >> i don't know if it affected him. immediately after roseanne barr, after we found out roseanne barr got the boot for her reboot, we were hearing these talking points. they were bringing up names. that was that day. this is definitely a republican talking point. what's interesting is at the end of the briefing yesterday, a reporter screamed out, will the president apologize for the pocahontas statement? we have to be careful about pointing fingers. yes, there may be some issues. but the president also has some. to the white house's credit, sarah huckabee sanders said it is inappropriate and no one is defending it. there are issues on the table. but at the moment it is about roseanne barr. and this president of the united

states making a profound statement himself. not making it about him but making it about all of america. and it looks like he is trying to shift the dynamic and tone down his rhetoric. but is it a little too late? >> but, wes, let's dive into it a little bit more what sarah sanders said. the easiest thing in the world would have been to say this is disgusting. she doesn't represent any of us. this is disgusting racism. they chose not to do that. however, take the flip side for a moment. doesn't the president have a point that abc allowed keith ol' berman to say -- let's use him as an example. the president is a nazi, he is a white supreme sift, he is worse than bin laden, a terrorist. he has used all sorts is of incredibly vulgar tweets. here is one we can't even show it to you. we have to block out two of them. he sent out tweets to president trump's family. why is that okay?

>> setting aside keith ol' berman, president trump is the united states of america. valerie swraeurt is a former public servant. when you're the most powerful person in the world, you come under scrutiny, some mean and unfair. >> anywhere enough. >> calling someone a white supreme seuift might be a descriptor. calling someone a terrorist and spn of a monkey is very different. >> keith ol' berman said he is a

neo-nazi, terrorist, and other vulgarities. to the point of is it okay these are lobbed at the president of the united states? how is that happening the national dialogue? >> i don't know that it is keith's job to help the national dialogue. he is a comment airport. we are talking about him on national television. it seems he accomplished what he was intending to do. i'm not defending him. but i do think -- donald trump the celebrity thinks he has been treated unfairly. that's something he can call abc/disney about. donald trump the president is so thin skinned he can't take political commentators saying mean things to him, perhaps he shouldn't be president. >> let's listen. >> they're bringing drugs, they're bringing crime. they're rapists.

donald j. trump is calling for a total and complete shutdown of muslims entering the united states. >> you also had people that were very fine people, on both sides. you have people in that group -- excuse me. excuse me. i saw the same pictures as you did. >> wouldn't you love to see one of these nfl owners when somebody disrespects our flag to say get that son is of a [ bleep ] off the field right now? out. he's fired. he's fired! >> far from apologizing. i think the president has doubled down and embraces it. >> oh, yes. he is not following his own request. i hear you. >> april, what's interesting is roseanne said many, many things the last 240 hours, some of her more recent tweets suggest she is having second thoughts about fighting back. maybe she will fight back on all of this, saying she feels empowered by what president trump has said. and maybe she'll get a show somewhere else.

maybe she's going to take this head-on. that tells you something. >> there is still a segment of society that supports this. and you have to remember, within the last two years -- well, even before then, during the 2016 election cycle, we heard something totally different than what we heard before. we have on the landscape now people who feel i can do without problem or repercussions this archie bunker plain talk, not politically correct speak. but there are consequences causing an unhealthy skpupb san atmosphere on both sides. when one lobs, the other lobs back and it gets worse and worse. as roseanne is looking at her future, she is viewed as unhinged. how do people who support roseanne and who are in the president's face support the fact that she grabbed her crotch

and screeched the national anthem, disrespect to the nation. george w. bush condemned that on air force one. every president has dealt with matters of race. bill clinton with a race initiative. george w. bush with katrina. that was horrific for him. barack obama. race embodiesed him because he was the first black president. when you saw him, you saw race. this president with the hate speak. we have to figure out how to change the dynamic. valerie jarrett is absolutely right. he is the moral leader. it comes from the top. you can't do policy on this. this is a heart issue. it is good versus racism or versus someone who just doesn't have a compassionate heart for the other. love thy neighbor as thyself. >> thank you very much for all of your insights. this new book reveals how

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okay. so here is something that we have not heard before. there is a new book that gives insight into how former president obama was affected by donald trump's 2016 election victory. the "new york times" has published excerpts from this memoir, "the world as it is" by president obama's former national deputy adviser ben rhodes. he says obama said maybe we pushed too far. maybe people just want to fall back into their tribe. sometimes i wonder whether i was tenor twenty years too early. we're back with april ryan and wesley lowry. so, wes, this is fascinating. president obama has been notably reticent, okay, when all of this stuff has been happening with president trump. so many people say, where is

obama? how does he feel? what is he thinking? now here is this book that explains, you know, just how confused he was and what role he thinks he played and did he push people too far and this was the natural boomerang after that. >> i'm eager to read the rest of the book if only pause we haven't had a lot of access to former president obama since he left the white house. he really stepped off the stage and beyond that. and it's hard to remember a time. there was once a time when a white house where we weren't hearing about every single fight, 6th interaction. largely what he was saying in his eight years of the presidency remained private. this is providing insight into his private conversations, his private thoughts, his int

introspection. how does he see himself? >> what does the trump election mean about obama's legacy. there was donald trump, hillary clinton. but there really was barack obama here. and you can hear the forme president trying to process the decision that america made in the 2016 election. one of the things he says, he says, i don't know. maybe this is just what people want. i have the economy set up well for him. no accounts tpa. no consequences. they can just have a cartoon. very interesting. >> what i know is he is keenly aware of what's going on. he is moving on and trying to do exactly what george w. bush did for him, staying out of it as much as he can. going back to that moment, you have to remember, there is a

cord between barack obama, familiar cord between barack obama and donald trump. ed word change. they struck a chord in certain sections of america, change. and donald trump did the same thing. the question is, how much of a rebuke was changed with donald trump to barack obama? and that's what they're thinking, what they're wanting. i remember the day that president obama marked the fact that history had changed. we had number 45, donald j. trump. and i remember that day when president obama welcomed mr. trump into the white house. it was supposed to be a 45-minute meeting. it lasted for hours. barack obama, no matter what he felt, no mter that he was on the road talking against m, his moral fiber and his policies, he wanted a smooth transition of government to uphold the democracy. he did his job, even as he had those questions.

ben rhodes hits the nail squarely. he was in that inner circle to know. >> there's other news in here. and that is there's so much noise and questions about should president obama have done more about the russia interference? you hear it from president trump and his supporters. well, this was on obama's watch. why didn't he do more? here's an interesting passage i will read. mr. obama had authorize said a statement to be issued by intelligence agency leaders a month before the election warning of russia interference but was thwarted from doing more because senator mitch mcconnell of kentucky, the republican leader, refused to go along with a bipartisan statement. mr. rhodes called mr. mcconne mcconnell's refusal staggering unpatriotic. that is new information, that president obama waed, wes, to alert people but mitch mccouple wouldn't go along with the bipartisan nature.

>> certainly. and we have heard two bits of this before. the idea of the bipartisan statement. we vice president heard president obama's private reactions on the view or that he wouldn't go along with it. you can imagine a world where the president would have been the more frustrated one that the republicans wouldn't come along. he is resolved. after eight years of a republican stature that was extremely obstructionist, him kind of accepting and understanding that of course they're not coming along. they wouldn't give us neil gorsuch, deals on the economy or health care, of course they aren't helping with the election. hearing him be a little bit of a cynic is refreshing really. >> thanks so much. the newest strategy to undermine robert muler and that

investigation. he is setting a red line to finish up. details on that next.

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you have a group that is a lynching mob. we're ready to knock the heck out of you. >> the circumstances around james comey's firing. >> he actually did have russia on the brain. >> it has nothing to do with donald trump. >> clearly there is still cause for concern. we will continue to follow the issue. >> he is doing everything he can to make sure people never trust the fbi. >> former spy chief sat down with dinner for mike pompeo. >> he should be indicted as a war criminal. >> if we can be successful in denuclearization. >> this is "new day" with alisyn camerota and john berman. >> it is now clear for everyone to see that the p