leave the job in the fall after the expected confirmation of supreme court nominee brett kavanaugh. hearings begin next week. mcgahn's departure was not unexpected, but he was blind sided by the tweet. having not announced his timetable to leave. we get more from abby phillip at the white house. >> reporter: dave and kaylee, president trump's announcement that don mcgahn would be leaving in the near future came as a surprise to many here. even republican senators were surprised donald trump made the decision. mcgahn was expected to leave the white house after the confirmation of brett kavanaugh, the nominee for the supreme court. mcgahn had been at the white house since the very beginning of the trump administration. our sources tell us he has had an estranged relationship with president trump for over a year now. in that period of time, mcgahn has also become a witness in special counsel robert mueller's russia probe. president trump responding to the news that he broke himself

over twitter had nothing but praise for mcgahn when we spoke to him at the white house on wednesday. listen. >> excellent guy. don mcgahn is a really good guy. been with me for a long time. privately before this. he represented me. he's been here now, almost two years. a lot of affection for don. he'll be moving on probably to the private sector. maybe the private sector. he will do very well. he has done an excellent job. >> reporter: president trump also said he is not concerned what don mcgahn told the special counsel in the interviews. meanwhile, we are also looking to see who the president names as mcgahn's replacement. our sources say emmet flood. a lawyer brought in to deal with the russia related inquiries coming to the white house.

flood was a former lawyer during the bill clinton impeachment hearings. dave and kaylee. >> thank you, abby. there is a new rule reporting on the sexual abuse at colleges and universities. the changes would narrow the definition of sexual harassment from unwelcome conduct of a sexual nature to unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive. >> the regulations would reduce the school's liability. encourage schools to provide victims with more support. the education spokeswoman says it is speculative and says the department is still deliberating. "the washington post" reports that passport renewals are being denied to americans along the border. the administration accusing

hundreds or thousands of hispanics along the border of using false birth certificate force decades. >> -- certificates for decades. >> the change throws citizenship for many in question. another dramatic shift in the enforcement. the department says it has not changed practice. the late senator john mccain will make the flight from arizona to washington one last time today. first, a service held at the church in phoenix. former vice president joe biden will be there. one who with will not -- one who will not be there is sarah palin. >> yesterday, hoards of people lined up to pay respects on what would have been john mccain's 82nd birthday. more from cnn's nick watt in phoenix. >> reporter: dave and kaylee, arizonans have waited in the heat to pay respects to the man

who represented them in washington for 35 years. first as a congress member and then senator. there was earlier in the day an intimate ceremony inside the capitol for friends, colleagues and family. then governor ducey called mccain arizona's favorite adopted son. he said when he traveled overseas, the only things people know about arizona are the grand canyon and john mccain. >> imagining arizona without john mccain is like picturing arizona without the grand canyon. it's just not natural. >> reporter: cindy mccain, his widow, was there dabbing away a tear at one point. he was described as a fighter from the podium. she nodded. on her way out, touching the casket. a funeral service will be held in phoenix before the senator's body is flown to washington, d.c. where he will lie in state. on saturday, a ceremony at the national cathedral.

john mccain will be buried on sunday at the u.s. naval academy in annapolis. next week, governor duce yery w announce who will fill mccain's seat. >> thank you, nick. it did not take long for the florida governor's race to get ugly. hours after andrew gillum became the first candidate, he said this on fox. >> let's build off the success we had on governor scott. the last thing we need to do is monkey this up by trying to embrace a socialist agenda. >> the desantis campaign said he was referring to florida not making the wrong decision and to characterize it as anything else is absurd. desantis went back on fox to try to clean up his mess. >> it has zero to do with the race. i believe people should be judged on character regardless of race.

it is because of that that i know socialism won't work in florida. it is not good for any race, color or creed. >> gillum responded to his rival's remarks with this. >> donald trump. it is a page from his playbook. he understood the dog whistle he was blowing. i understand he intends to speak to a particular part of the base to incite them. two weeks ahead of the primary, governor cuomo and cynthia nixon facing off in a contentious debate. >> my opponent lives in the world of fiction. i live in the world of fact. can you stop interrupting? >> can you stop lying? >> as soon as you do.

>> civil. the two sparring over their visions to fix the state and issues over fixing the failing subways to health care. when asked about greater aspirations, the possible run for the white house, cuomo said this. >> you promise to serve four more years as governor if reelected? >> the only caveat is the -- is if god strikes me dead. otherwise i will serve four years as governor of new york. >> nixon immediately fired back. reminding viewers of cuomo's gaffe when he said america was never that great. >> donald trump did tweet at you whether or not america was great. you backed down quickly. you stood up to him as well as he stands up to putin. when it comes to opposing donald trump in new york state, we already have a corrupt corporate republican in the white house. we don't need a corrupt

corporate democrat in albany as his main opposition. >> the winner faces executive mark molinaro. president trump stands by his administration's response to hurricane maria a day after the official death toll in puerto rico was raised by the thousands. on tuesday, the island's governor, raised the death toll from 64 to nearly 3,000. the storm left much of puerto rico without power for weeks. despite that, here is what the president had to say. >> i think we did a fantastic job in puerto rico. we are still helping puerto rico. the people of puerto rico are great people. they work hard. puerto rico was the most difficult of the group. you know, fema and all of the people there have done a big job. they were very brave. puerto rico hard a lot of difficulties before it got hit. >> the mayor of san juan said the administration killed puerto ricans with neglect.

the real problem is they are still not ready for hurricane season, kaylee. the mayor said most of the hospitals still don't have back-up generators. they are far from ready should another hit this season. >> thankfully, you should say, hurricane activity in the pacific really might change the trajectory of hurricane season in the atlantic. we will see. incompetent prosecutors, says a judge, is the reason why he had to let the suspects in the filthy new mexico compound go free. for years i've trained dogs for the marines - like me, some of these dogs have seen many tours of duty. and for the past 15 years i've been a navy federal member. thanks to their fast approval process, when it came time to buy a new car,

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together we'll make the right choice. 5:13 eastern time. u.s. and canada racing to rework nafta by friday. both optimistic they will meet the tight deadline. >> i think canada wants to make the deal. i think it will be very good for canada to make the deal. it won't be good at all if they don't.

they want to be part of the deal. we gave until friday. >> prime minister justin trudeau thinks it is possible, but with one caveat. >> we recognize a possibility of getting there by friday. it is only a possibility. it will hinge on whether or not there is a good deal for canada and good deal for canadians. i said from the very beginning. no nafta deal is better than a bad nafta deal. >> canada rejoined nafta talks after months on the sidelines which allowed the u.s. and mexico time to work out issues mainly over auto manufacturing. u.s. and mexico reached agreement on monday. now all three countries have until friday to rewrite nafta. there are sticking points with the u.s. and canada. nafta an -- nafta's existing policy for resolving disputes. canada wants to preserve the dispute section and u.s. wants to eliminate it.

child abuse charges dismi dismissed at the compound where 11 kids were living and a child found dead. the reason? the suspects did not have a preliminary hearing in the ten-day time period as required by law. the judge said he finds it disturbing the d.a. would put the court in that situation. to comment from the prosecutors. two defendants were arraigned on felony charges with the death of the 3-year-old boy. a former texas police officer roy oliver is sentenced to 15 years in prison for the shooting death of the unarmed black teenager. it comes the day after he was convicted of murder of jordan edwards as he leave a house party. the family said they would like to see a greater sentence, but respect the guilty verdict.

florida police say an uber driver was justified in storming near a car and shooting the man. jason boek thought his girlfriend was in the car because they got into a fight over texts when this happened. >> i say something? >> pistol? you want me to shoot you? >> oh, my god. >> boek did say he had a pistol, but was holding what authorities say was a cell phone. westlake, the driver, is a licensed security guard who holds a conceal carry. >> at the end of the day, the message is clear. don't mess with the uber driver. you have the right to protect yourself. this is a classic stand your ground case. >> the sheriff's office says westlake is cooperating.

boek's girlfriend was not in the uber. she called the car for a friend. an 11-year-old boy sucked into the flooded storm sewer tuesday night. he was playing with friends in the drainage ditch and fell under the water. a firefighter saw the boy's fingers pop through the opening in the manhole cover. >> people in wet suits and water rescue suits walking the ponds and ditches. we believe there was air trapped in the manhole cover area. i'm not sure by what miracle he was able to find that. >> the boy was lifted to safety and is now back home with his family. that is remarkable. >> miracle. absolutely. can't imagine seeing those fingers pop up. you were at the open yesterday. how hot was it? >> brutal. you thought the seat would burn through your skin. you had to make a choice. put your back against the seat or legs. >> i would de-clothe.

>> maen at the u.s. open are changing shirts all the time , but a female changes her shirt and she gets a penalty. we have andy scholes with the bleacher report next. i'll take . [cheers] 30 grams of protein and 1 gram of sugar. new ensure max protein. in two great flavors.

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standard. male players change shirts all the time usually while sitting in the chairs. this happened to alize cornet. she realized she put it on backwards and the umpire gave her a code violation. women's tour officials say alize did nothing wrong. after the outrage, the tennis association clarified saying women can change shirts in the chair or leave the court without assessed a bathroom break. usta regrets what happened. serena and venus winning yesterday. they will meet tomorrow in the third round. this will be the 30th time the sisters have squared off against one another. the last match up was at the australian open when the odds were stacked against venus. >> the last time we played the australian, it was 2 against 1.

at least this time -- that is when serena was pregnant and you were one of the few who knew. >> it will be fair. >> last time we played in the grand slam, i may have had a bit of an advantage. seeing i don't have that acknowled advantage this time, it will be hard. >> as expected. it is going to happen. aaron rodgers is now the highest paid player in nfl history. four-year $134 million extension. $80 million of that before next march. what do you do when you sign the biggest deal in league history? you dress like a cowboy. this is what he wore to the packers lunch yesterday. his wide receiver devonte adams congratulating him. he still hasn't paid him back for the $20 he borrowed in 2016.

and cleveland browns player cut after federal prosecutors charged him with insider trading. linebacker michael hendricks apologized and said he knew it was wrong. he made $1.2 million in the illegal profit four years ago. the browns in a statement said they were aware of the investigation when they signed him. he said he was the victim after finding out otherwise, the team cut him. guys, i cannot wait to watch "hard knocks." hendricks was featured in the episode. he will be featured, but for much different reasons. >> tonight the preseason wraps up? we get to turn the page to the regular season after tonight. >> always exciting fourth preseason game. >> how bored are you? we will see if you will watch tonight. thank you, andy. what happens in the democrats win the house and threaten the president with

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otezla. show more of you. the president's legal team reportedly looking for help to handle possible impeachment proceedings. the chief white house counsel out the door next month. controlled by the state since 1965. >> can you stop interrupting? >> insults flying as democrats square off for the first time in the new york governor's race. a case of road rage. an uber driver with a gun and case of mistaken identity. how a man ended up dead and why police say it was justified. welcome back to "early start." i'm kaylee hartung. >> good morning.

i'm dave briggs. 5:30 eastern time. push come to gov is what "the post" reports. we will get to that in a moment. reports that the president and his legal team are said to be focused on the dreaded "i" word. impeachment. they believe he doesn't have the strategy or staff to handle those issues. to protect himself for future legal battles. it could lead to impeachment charges. the president's team has discussed recruiting experienced legal fire power to the office of white house counsel which is losing its lead lawyer don mcgahn. >> president trump announcing on twitter wednesday mcgahn will leave the job in the fall after the expected confirmation of supreme court nominee brett kavanaugh. mcgahn's departure was not unexpected, but he was blind sided by the tweet. having not announced his timetable to leave. we get more from abby phillip at

the white house. >> reporter: dave and kaylee, president trump's announcement that don mcgahn would be leaving in the near future came as a surprise to a lot of people here. even republican senators were surprised donald trump made the decision. mcgahn was expected to leave the white house after the confirmation of brett kavanaugh, the nominee for the supreme court. mcgahn had been at the white house since the very beginning of the trump administration. our sources tell us he has had an estranged relationship with president trump for over a year now. in that period of time, mcgahn has also become a witness in special counsel robert mueller's russia probe. president trump responding to the news that he broke himself over twitter had nothing but praise for mcgahn when we spoke to him at the white house on wednesday. listen. >> excellent guy. don mcgahn is a really good guy. been with me for a long time. privately before this. he represented me.

he's been here now almost two years. a lot of affection for don. he'll be moving on probably to the private sector. maybe the private sector. he will do very well. he has done an excellent job. >> reporter: president trump also said he is not concerned what don mcgahn told the special counsel in the interviews. meanwhile, we are looking to see who the president names as mcgahn's replacement. a top contender according to our sources is emmet flood. the white house lawyer brought in to deal with the rush related -- to deal with the russia related inquiries coming to the white house. flood was a former lawyer during bill clinton's impeachment hearings. dave and kaylee. >> thank you, abby. education secretary betsy devos is planning to improve the sexual abuse policy for you w t

universities and colleges. the changes would narrow the definition of sexual harassment from quote unwelcome conduct of sexual nature to unwelcome conduct on the basis of sex that is severe and offensivoffensive. >> it would reduce the school's liability, but provide victim was more support. an education spokeswoman calls the report premature and says the department is still deliberating. "the washington post" reports that the government is denying passport renewals along the border. the administration is accusing hundreds, possibly thousands of hispanics along the border, of using false birth certificates for decades. >> in some cases, people are being jailed or stuck in mexico with the passports revoked. the change throws citizenship for many in question and shows

another shift in the enforcement. the department says it has not changed policy or practice. let's discuss this with tal kopan. good morning, tal. this story cites a man juan who spent a couple of years in the u.s. army and works as a prison guard. he is an american citizen who could not have his passport renewed. give us context as to exactly why he cannot get a passport now. >> dave, you know, this is something that dates back longer than the administration which the post is reporting which they have been told this seems to becoming more common from folks at the border seeing this more often. they said it decreased during the obama administration. the problem is there were some midwives and birth attendants and doctors for decades along the u.s./mexico border, who have admitted at times to provide

false documentation for births. the administration has made rooting out fraud in the immigration system one of its top stated priorities despite not really a ton of evidence that fraud is widespread. this seems to be another instance where they are looking at many of the cases and if there is a suspicion that a birth certificate could be fraudule fraudulent, they seem to be going ahead and bringing cases and saying you don't deserve this passport that is new or renewal h. th renewal. it is not clear how you disdistinguish the real -- how you distinguish the real birth certificates provided from those suspicious. >> what do these people have to protect themselves or fight back? >> kaylee, the story mentioned many people who justify passp t

passports go on to win their case. the government is asking for things like preponderance of evidence that you are an american citizen. that is the burden of proof if you are applying for citizenship. they are asking if you can corroborate. they ask where you were living at the time or prove it or are does your mother have records of being in the hospital? of course, the story mentions, do you remember where you were born? that is a silly question. some people do not have access to an amount of wealth to make legal services an easy thing for them to take on. it may sound simple to provide more documentation, but many people, it may not be system. >> right. hiring an immigration attorney is not an easy task. this story sounds like it is just now beginning. much like we heard the separations. just starting to trickle out. more on that in the days ahead.

let's talk about the departure of white house legal counsel don mcgahn. "the wall street journal" writing the quiet achievement. many attorneys in the 30s and 40s, will be which future gop president will fill supreme court openings. don mcgahn has been one of the most effective people for this administration. why is he out now? why is it announced on twitter? what will we look back on his achievements as? >> first of all, keep in mind the point we are nearing in the administration. we are almost coming up a past year and a half. coming up on two years. it is not uncommon for people to leave the administration. this administration has ahad immense turnover that we normally don't see. sources have been telling us

that don mcgahn has been planning this for some time. looking to the end of the kavanaugh confirmation as his exit strategy. he and the president have not been getting along necessarily. it was a surprise when the president tweeted his departure date which hadn't been formally set. it wasn't a surprise he was on his way out. the point about the judges cannot be understated. you saw chuck grassley and mitch mcconnell express dismay that mcgahn could be leaving. grassley is the chairman of the judicial committee and mcconnell is the majority leader. they confirmed a number of judges. it is a strategy to pick the judges young to get the most of the lifetime appointments. that can be transformative in the court system beyond the supreme court nomination. that achievement in their eyes cannot be understated. >> the question is what were the 30 hours that don mcgahn spent

with the bob mueller people, what will that foretell about the president's future? tal, great to have you on. thank you. >> thank you. later today, the late senator john mccain will make the flight from arizona to washington one last time. first, memorial services at the church in phoenix with former vice president biden delivering the eulogy. yesterday, lines snaked around the streets to pay respects on what would have been mccain's 82nd birthday. more from nick watt from phoenix. >> reporter: dave and kaylee, arizonans have waited in the heat to pay respects to the man who represented them in washington for 35 years. first as a congress member and then senator. there was earlier in the day an intimate ceremony inside the capitol for friends, colleagues and family. at which governor ducey called mccain arizona's favorite adopted son.

he says when people go overseas, the only thing they know about arizona is john mccain and grand canyon. >> imagining arizona without john mccain is like picturing arizona without the grand canyon. it's just not natural. >> reporter: cindy mccain, his wife and widow of 38 years, was there dabbing away a tear at one point. when he was described as a fighter at the podium, she nodded. on her way out, touching the casket. a funeral service will be held in phoenix before the senator's body is flown to washington, d.c. where he will lie in state. on saturday, a ceremony at the national cathedral. john mccain will be buried on sunday at the u.s. naval academy in annapolis. next week, governor ducey may announce who will fill senator mccain's seat. back to you. >> many feel cindy mccain is looming large.

the sports world is speaking out. larry fitzgerald. involved in paying tribute to late senator john mccain. >> a great story on cnn.com about the process of john mccain asking barack obama to eulogize him. >> interesting. when you contrast that to palin not being there. a former texas police officer gets his sentence for shooting and killing a black teenager in a car, but the victim's family is not fully satisfied. yodp chair, new laptop, 24/7 tech support. yep, thanks guys. i think he might need some support. yes. start them off right, with the school supplies they need at low prices all summer long. now save $150 on this dell notebook at office depot officemax. ♪ ♪ they're the moderne stone age family. ♪ ♪ from the town of bedrock. ♪ meet george jetson. ♪

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it did not take long for the florida governor's race to get ugly. hours after andrew gillum became the first black candidate for governor, his republican opponent, ron desantis said this on fox. >> let's build off the success we had off governor scott. the last thing we need to do is

monkey this up by embracing a socialist agenda. >> the campaign said he was referring to florida and to characterize it as anything else is absurd. desantis went back on fox to clean it up. >> it is because of that that i know socialism won't work in florida. it is not good for any race, color or creed. >> gillum responded to his rival's remarks with this. >> donald trump. this is a page from his playbook. he understood what he meant. he knew the dog whistle he was blowing. he is speaking to a particular part of the base to incite them. there are a majority of us that disagree. >> earlier, gillum told fox news he will not get down in the gutter with desantis and trump. two weeks ahead of the

primary, governor cuomo and cynthia nixon facing off in a contentious debate. >> my opponent lives in the world of fiction. i live in the world of fact. >> the subway system has been controlled since 1965. >> can you stop interrupting? >> can you stop lying? >> as soon as you do. >> the two sparring over how to fix the failing subways to health care. when asked about greater aspirations, the possible run for the white house, cuomo said this. >> you promise to serve four more years as governor if reelected? >> the only caveat is the -- is if god strikes me dead. otherwise i will serve four years as governor of new york. >> nixon immediately fired back. reminding viewers of cuomo's gaffe when he said america was never that great. >> donald trump did tweet at you whether or not america was great.

you backed down quickly. you stood up to him as well as he stands up to putin. when it comes to opposing donald trump in new york state, we already have a corrupt corporate republican in the white house. we don't need a corrupt corporate democrat in albany as his main opposition. >> the winner of the primary faces the executive mark molinaro. in a stunning move, three of five suspects charges were dismissed in the new mexico compound. the judge said they did not have a preliminary hearing in the ten days required by law. the judge says he finds it disturbing the district attorney would put the court in that situation. the two other defendants were arraigned on felony charges in connection with the death of the 3-year-old boy. formtomorrow former texas p

roy oliver sentenced to 15 years in prison for the death of the unarmed black teenager. this comes a year after he shot and killed jordan edwards as he left the house party. time to check on cnn money. global stocks mostly lower. s&p 500 and nasdaq hitting highs for the fourth session in a row. tech stocks are the reason. apple stock up 31% this year. the first u.s. company to cross $1 trillion in market value. another company, amazon, edging closer to $1 trillion. it is less than 3% away from the milestone. all three nafta countries racing to rewrite the trade deal by tomorrow. earnings season is almost over

and corporate america raked in big profits. profits rose 16.1% last quarter. the largest in six years. profits got a boost from strong economic growth and big tax cuts. the new tax law slashed the corporate rate which slashed taxes from 33% this year. strong profit growth should continue in 2018, but experts warn future growth could be hurt by the trade policies as will likely slow as the tax cuts wane. coming up, an 11-year-old boy stuck in a storm sewer. you won't believe how one firefighter managed to find him. , was pregnant, in-laws were coming, a little bit of water, it really- it rocked our world. i had no idea the amount of damage that water could do. we called usaa. and they greeted me as they always do. sergeant baker, how are you? they were on it.

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florida police say an uber driver was justified in storming near a car and shooting the man. the man identified is jason boek. he thought his girlfriend was in the car because they got into a fight over texts when this happened. >> i say something? >> pistol? you want me to shoot you? >> oh, my god. >> boek did say he had a pistol, but was holding what authorities say was a cell phone. westlake, the driver, is a licensed security guard who holds a conceal carry. >> at the end of the day, the message is clear. don't mess with the uber driver. you have the right to protect yourself. this is a classic stand your ground case.

>> as it turns out, boek's girlfriend was not in the car. she called the car for a friend. the tribute concert in detroit for aretha franklin. a variety of singers will perform. before that, a viewing at bethel baptist church. thousands paid respect to aretha franklin. her funeral will be held tomorrow in detroit. a pennsylvania mother charged with homicide after prosecutors say drugs in her breast milk killed her baby. samantha jones was feeding her son in april hours before he died. autopsy found methadone and methamphetamine in the boy's blood. joins said she was prescribed methadone for an opioid addiction. rescue in wisconsin. an 11-year-old boy sucked into a

flooded storm sewer tuesday night. police say the boy was playing with friends in the flooded drainage ditch. somehow a firefighter saw the boy's fingers pop up through the manhole cover. >> people in wet suits and water rescue suits. walking the ponds and ditches. we believe there was air trapped in the manhole cover. not sure what miracle he was able to find that. >> the boy was lifted to safety and now back home with his family. >> that is a miracle. u.s. open officials feeling the heat and not because of the sweltering temperatures at flushing meadows this weekend. alize cornet took her shirt off and turned it around after realized she put it on backwards. the u.s. tennis association says it regrets what happened and clarifying the policy to make sure it doesn't happen again. >> you were there yesterday. how hot was it?

was it brutal being a fan? >> it was. i will tell you the new louis armstrong stadium is cooler than arthur ashe. >> thanks for joining us. i'm kaylee hartung. >> i'm dave briggs. "new day" starts now. . the president is clearly worried about what he said and he should be worried. really watching a slow motion saturday night massacre. the last thing we need to do is monkey this up by trying to embrace a socialist agenda. >> he is an incredible candidate that is turning himself into a carbon copy of trump. >> this is "new day." welcome to our viewers in the united states and