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tv   New Day With John Berman and Brianna Keilar  CNN  September 1, 2021 2:59am-4:00am PDT

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september 1st, bree that that is off. great to have you back. >> i can't believe i'm allowed back. >> we have breaking news once again this morning. abortions banned in texas. the texas law, which again is in effect as of now, tries up to end roe versus wade in years of supreme court precedent protecting the right to choose and forbidding states from outlawing abortions before fetal liability. the new law bans most abortions after as early as six weeks of pregnancy, which is before most women even know that they're pregnant. >> yeah, that's why there's such a big concern. this law went into effect after
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midnight. it allows private citizens to bring civil suits against anyone who assists a pregnant person seeking an abortion in violation of the ban. cnn's laura jarrett joins us now. this is such a huge moment. can you tell what you say this means and what you believe is going to be the future of this and whether or not it's going to get blocked? >> yeah, this could be the defining moment for our generation. this is the moment in the battle over reproductive freedom everyone knew was coming. it was just a matter of time. millions of women across the state of texas will wake up this morning to a near total ban on abortion. as of this very moment, if your doctor finds a fetal heart beat, you cannot get an abortion. there's no exception for rape. there's no exception for incest. and if the doctor goes ahead with it any way, let's just give it a try, that doctor risks getting sued in court for up to 10 grand, not by the government, but by any random person on the street who simply doesn't like it. and it's not just the doctor
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that performs the abortion, it's the staff, it's anyone who might help pay for the abortion, even a lyft driver who takes you to the clinic could be on the hook in court. maybe you think that sounds extreme, maybe illegal. well, for a time the supreme court would have agreed with you. they would have said this type of law violates the set of cases that came in the years after roe versus wade when the court said that states can't impose what's known as an undue burden on the right to abortion before a fetus is viable. but it's a different day with a different court and now this court just let the most restrictive abortion law in the country go into effect overnight, guys. why this is such a big deal not just for women in texas is because it sends a chill down the spine to every woman in this country worried about their state fearing they may use this as a blueprint for what could be a way to get around roe versus
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wade in years past. >> number one, this law is in place as of now. >> correct. >> and that is because the u.s. supreme court over night refused to step in and block it. now, they may still hear this case and decide on its merits. but the fact that they didn't step in last night or over night is significant. >> yeah. by refusing to step in so far, they have effectively stepped in as you and i talked before the show started. they effectively made a choice because abortion providers tried to file what's known as an emergency petition to say, hey, this is a big deal. please put it on hold while the case works its way through. a lot of times you see that, right? injunctions left and right while the case works its way through. here the court has not acted but they could still rule. at this very moment they could issue a decision or later this morning they could decide to put it on hold while the case works its way through. but as of right now because they did not act overnight, you cannot get an abortion in most
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cases there are medical emergencies. but in most cases you cannot get an abortion in the state of texas. >> doing nothing was something for the supreme court overnight. >> and no other six-week ban has ever gone into effect even briefly. so do we have any understanding why they didn't weigh in? >> because the court looks a lot different than it did several years ago and certainly looks a lot different than it did almost 48 years ago when roe came down. there's a 6-3 because of the former president and his appointment of kavanaugh and amy coney barrett. so there's just a different makeup these days. they just may decide this is the way that we don't have to weigh in to what is probably the biggest wedge issue in our entire country right now. >> and this is why there was such a big concern when trump had three people that he was putting on the supreme court because even long after he's out of office this is still something that can happen. >> when justice ginsburg die this was the concern, right? this was always the issue that
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roe would come up and the justices would find a way to overturn it. >> you brought up something which is a legal difference to this beyond just the makeup of the court which the probably the most important part of this going forward but this law does something new and different than we haven't seen. it's not actually the state of texas enforcing the ban. and that is where there is supreme court precedent. >> yes. >> that is where the court would have had a long time letting this stand overnight if it was the texas marshalls who marched in and prevented abortion. no, it's this bizarre twist where private individuals can sue. >> this is the genius what they have done to allow private individuals to sue. in most cases it's the state v an abortion provider, right? it's the government actor doing something that violates the constitution and then an abortion provider can say, hey, that violates my 14th amendment rights or a woman can say that violates my right for freedom of choice. that violates my right of liberty under the 14th amendment.
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that gives them the hook to sue. here there is no hook because the person on the other side of the v is a private citizen, anybody who has any objection at all to why someone had an abortion. >> plaintiffs need not have any connection to the matter or show any injury to it are entitled to $10,000 and their legal fees are covered if they win. so that is going to make this hard to challenge. >> the definition of aiding and abetting under the statute. literally the lyft driver, your mom who paid for the abortion. let's be clear who this impacts the most is low income women, right? i can fly anywhere in the united states and get any medical procedure i want. but if i'm a low income woman in texas this morning, i cannot do that. >> so historically polls have shown that a majority of americans support the right to choose. it's not an overwhelming majority, it's around 50 or 60%. it's higher percentage in the first trimester that supports the freedom to choose an abortion.
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and this is in the first trimester. >> by linking to the heart beat, that's what they've done here. so we talk about six weeks. what if you hear a heart beat at five weeks, literally before you know you're pregnant. say you go in at eight weeks when a lot of women do when they try to see, okay, am i actually pregnant? you go in at eight weeks that is now too late. if you hear a heart beat, you are too late, case closed. >> what are we hearing, if anything, from democratic lawmakers on this? obviously this has been an energizing issues at times specially in recent years. have they said anything about this given this went into effect? >> well this happened late overnight. i'm sure people will wake up to this news literally right now. i'm sure anybody checking their own overnight on twitter saw a bunch of legal reporters very jazzed up about this as we were all anticipating the supreme court weighing in. but by not weighing in, this is now something that democrats have a choice. do you want to make this an issue for midterms and the president has a choice, what does he want to do with this?
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does he want to weigh in on this. again, other than guns can you think of a more cultural flash point than abortion? the president and democratic lawmakers have a lot of interesting choices ahead of them. >> we should make clear, the supreme court at any point today, tomorrow, the next day could weigh in and ultimately they will make a ruling on abortion. but the fact that they didn't intervene overnight when actually intervening would have been a decision for the status quo. >> yeah. and there's a mississippi law that's being challenged in the supreme court right now, a direct challenge to roe that tries to ban abortion at 15 weeks. they could have said, let's just stay it, hear it all together but they didn't, at least for now. >> stay tuned. really, stay tuned over the next several hours here because i think when people realize what's happened, there's going to be a lot of reaction. thanks so much. >> we'll keep you updated if they do decide to weigh in. we have another big story that's developing this morning. house minority leader kevin mccarthy has issued a not so
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veiled threat to the telecommunications companies after the committee investigating the january 6th attack asked them to retain phone records that could be relevant to the investigation mccarthy is claiming that would be in violation of federal law. if they comply a future majority will not forget. join ing us now is normizeman. norm, what law is kevin mccarthy talking about here? is there one? >> nice to be back with you. no, there's no law. this is the equivalent of the proverbial gangster walking into the business and saying, gee, nice telecom company you have here. it would be a shame if you have anything that would happen to it. it's the exact opposite. if these telecom companies
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failed to comply about requirement to preserve these records, if they did what kevin mckcarthy wants and refused to turn over the records, that would be a violation of law. so this is absolutely unjustified by law and it raises serious questions under the house ethics rules and other laws for kevin mccarthy himself. >> you bring up house ethics rules. does this constitute legally obstruction by threatening the telecom companies with future action? >> well, john, it meets the elements of obstruction. it's a threat. it's an attempt to stop them through that threat from turning over documents. it's self motivated. it's corrupt and mccarthy is worried about what may be in those records on him and on members of his caucus.
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it's always a challenge when you have legislative activity and note that he did this on his official twitter account. you have protection under the constitution for legislators, the speech and debate clause. there will be a debate about that. but the house ethics rules, rule 23 prohibits any behavior that brings discredit upon the house. what could be more discreditable than threatening companies that if they comply with the law they'll be punished when mccarthy has the ability to do that. so, i think there's a serious ethics issue and then legal issues potentially that need to be explored as well. >> right. all this is him hinging this on republicans taking back the majority, of course. we don't know that that will happen. norm, we do know the committee didn't name names of lawmakers whose records they want.
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we know that kevin mccarthy is someone who spoke to former president trump on january 6th. do you think he has a personal motivation in making this threat? >> there's no question about it. we know his behavior is going to be called into question and the committee is going to probe his exchanges with the president. we know that members of his caucus like matt gaetz, mo brooks, marjorie taylor greene are in the crosshairs and possibly many others. it's not just january 6th. the committee correctly understands that president trump's pattern of incitement and that of his enablers went back for months and illegitimately attacking an unquestioned electoral result and whipping people into a frenzy. there could be some very embarrassing revelations. remember that many, many members of the republican caucus with no
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basis at all voted against certifying the election results. >> ambassador norm eisen, always a pleasure. thanks for getting up with us. >> thanks, guys. great to be with you. triple digit heat in store for louisiana today. residents brace for what could be a month without power. we're live in new orleans. plus, new details about another member of congress reportedly making an unauthorized trip to afghanistan. our retirement plan with voya, keeps us moving forward. hey, kevin! hey, guys! they have customized solutions to help our family's special needs... giving us confidence in our future... ...and in kevin's. voya. well planned. well invested. well protected.
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today, so we're going to go to cnn's ryan young who is live in new orleans. ryan, what are you hearing from these officials about whether or not people who live in louisiana, those who evacuated can expect to get power any time soon? >> reporter: yeah, that really is the big question. i can tell you people really want their power back. as you can imagine, it is extremely hot here. you can see right here this power line that is down out in front of the school that we're standing in front of, there's insulation everywhere because as you look above the roof has been blown off the side of this building. the same time, though, you have people who are desperately wanting some sort of power so they can get the air back on and try to get back to some normal part of life. with no power and sweltering heat, louisianians are waiting in long line to find essential items like food and gasoline. >> these people are going to wait hours to get gas, probably seven, eight hours to get gas. it's not good.
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>> reporter: hurricane ida shutting down cell phone service for many, as the days go on, residents are increasingly frustrated with. >> the food issue, the water issue i don't think they have these things out quick enough. >> reporter: and with dangerous conditions after the storm, local leaders say it's tough to get resources in here. >> the difficulty is the supply chain. they're having the same difficulties getting their supplies here as we're having, you know, living here. so it's going to take some time. >> reporter: nearly a million homes and businesses in louisiana have no electricity. and for many, it will be out for weeks. >> i'm not satisfied with 30 days. the people aren't satisfied with po days. nobody out there needing power is satisfied with that. >> reporter: the new orleans mayor saying some power could be restored today. >> again, the expectation should not be because it's not a real one that the entire city will be lit. >> reporter: at tulane university, classes are cancelled until september 12th. students were evacuated to houston where some will stay and
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others will make their way home. >> you can't stay here. you can't -- there's no food. there's no supplies. it's not a good situation. >> reporter: volunteers trying to help setting up in new orleans to provide hot and cold meals. >> new orleans is known for caring for our community. and a lot of the ways we show love is food. >> reporter: with patience wearing thin, the governor urging people who evacuated to wait to return. >> please don't come home until we tell you it's time. >> reporter: those who stayed through the storm, it's time for cleanup. in laplace, she said ida was unlike any other hurricane she experienced before. this neighborhood is now filled with debris. remnant of warehouses and other structures once stood. >> it was real scary. i won't stay again. no way. i just thank god we all made it. >> reporter: flood waters still
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surrounding homes in grand isle where it could take years to rebuild. >> i never seen it look like this. it's decimated. a lot of people talked about they don't know if they'll have the money to go back. they don't have the money to go back, can't afford to go back. >> yeah, between louisiana and mississippi we have five total deaths at this point. as you look around here, you understand the massive amount of work done to get the city back online. but when you think about this, there are power crews from all across the country that have flown in to this state to try get to things back on. my cousin is a linesman in the state with his crew from florida trying to help the get the power back on. you hear this over and over again as people are looking for some sign of hope that the power comes back on because clearly with this heat you're worried about especially the older americans that are here that are trapped. yesterday as we were driving through the city, so many people sitting on their porches trying to escape the heat or sitting in gas lines running out of gas
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waiting to get gas. you know this sort of come bounds over the next few days. >> yeah. it has this domino effect it affects sewage, being able to get gas. all of these things it's one big line. we're thinking of your people and your cousin doing very important work that is critical. hopefully going to help a lot of people. thank you, ryan. >> god bless ryan's cousin. hurricane's, wild fires, floods, heat waves, drought. millions of people dealing with the impact of these disasters this morning. as the climate crisis accelerates, experts say these extreme events will only become more severe and more frequent. joining me now is kim cobb, one of the lead authors of the new u.n. climate report. professor, thanks so much for being with us. >> thank you for having me. >> for years what experts like you have told us is that climate change doesn't necessarily create these events, but it adds to the intensity of them. it makes them the destructive
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forces that they are. to what extent is that what we are seeing at this point with storms like ida or the wild fires we're seeing around lake tahoe? >> unfortunately the signature of human-caused climate change is now clear. we known that decades of fossil fuel emissions are warming the planet and now the report outlines newer and stronger links between that warming and any number of climate and weather extremes including heat waves, droughts, fire-prone weather and tropical cyclones like hurricane ida. this is now clear. unfortunately that's the bad news because with every additional increment of warming we now know that this feature of climate impacts will get worse. we have precious little time to hold warming to a minimum level of 1.5 degrees celsius as outlined in the paris accord and minimize risks. >> why does it make it more intense? >> well, it really is -- comes
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back to the heating at the end of the day. the heating that is caused by fossil fuels has now warmed every region of the world and whether it's wild fires out west, which of course the heat is drying out soil layers, drying out vegetation, creating more fuel for those wild fires. we also see an increase noted in the report in dry, windy, hot conditions that is that fire prone weather that's referenced in the report. down here in the southeast, we're talking about, of course, year on year on year of headlines about hurricanes. it's not just ida. we have seen this every single year with record-topping hurricanes. the report calls out increase in category 4 and 5s in recent ze kads and notes these will as well get worse with warming. we saw hurricane ida's intensification over the warmest waters of gulf. that would be exhibit a in the strong role between ocean surface warming and tropical cyclone and hurricane strength. >> professor kim cobb, we appreciate you being with us.
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thank you so much for your time and your work on this. >> thank you. president biden defending his decision to end america's longest war. plus, another member of congress has reportedly tried to go to afghanistan. new details about his whereabouts and what he is trying to accomplish by going to a very dangerous place. at pnc bank, we believe in the power of the watch out. the “make way, coming through”... great. the storm alert... dad. and the subtle but effective ding. that's why we created low cash mode. the financial watch out that gives you the options and time needed to help you avoid overdraft fees.
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♪ extraordinary success of this mission was due to the incredible skill, bravery and selfless courage of the united states military and our diplomats and intelligence professionals. >> that's president biden praising the military evacuation from kabul and forcefully rejecting critics who say he
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abandoned americans and their afghan allies to the taliban. joining us now, cnn white house correspondent john harwood. john, the words that jumped out were the extraordinary success of this mission. there are people who are saying that president biden needed to show humility over the last few weeks, acknowledge mistakes. he's doing the opposite in general right now. this seems to be an intentional choice of words there. >> it was intentional, john, because i think what we saw from the president was that he's angry about the criticism that he's gotten. he is convinced that he's right not only on the decision to leave iraq, but on how he responded to adversity when that happened. his belief is that the fundamental cause of the chaos and panic and desperation that we saw was the collapse of the afghan government and security forces. people say why didn't you anticipate that?
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as he indicated in the speech, his view was even had he anticipated that it would happen that quickly they thought it would happen later. anything he could have done in response would simply accelerated it and created the same situation at an earlier point on the calendar. he believes that they responded by getting control of the airport and running a successful operation to get all but about 100 americans who wanted to leave out of afghanistan, tens of thousands of afghans. it was marred by the tragic suicide bombing. that was a nightmarish result for the president. nevertheless, he thinks his critics are wrong and that he is right. and their attacks on him for accusing him of being incompetent, of being somebody who is traditionally wrong on foreign policy, he wasn't showing empathy to people, he thinks all of that was wrong. the criticism was ferocious and he was ferocious in response to
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it. >> he said he, quote, respectfully disagrees with those who said he should have started the mass evacuations sooner and some we should note were democrats. john, i want to ask you something else because "the washington post" is reporting that another lawmaker tried to enter afghanistan. this one failed and he threatened the u.s. embassy official for not helping him. what do we know? who is this lawmaker and what happened and why did he ultimately not get into afghanistan? >> it was mark wayne mullen of oklahoma. he is not a military veteran unlike his colleagues who tried this more than a week ago. look, this is a case where individual members of congress are freelancing and trying to make things happen on their own or duck into the country and inspect the situation at an extremely dangerous time. mark wayne mullen is not part of
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the military operation, was not a part of the military operation. he's not the president. is not part of the administration. and i've got to say when you see the reaction from the embassy, we're not going to help you do this, that seems a rational response to an endeavor by a congressman that was pretty dangerous. >> this is a statement that we have from mark wayne mullins' office. he has and is currently completely safe. he and the office of oklahoma second district will continue to do anything in our power to bring home all americans from the war zone that president biden abandoned. the safety and security of the american people will always be his top priority. again, that's a statement from congressman mullin's office. john harwood, thank you so much. >> you bet. two senior fda officials stepping down at a crucial time for the agency. new details about what drove them out the door. plus, the head coach of the jaguars is admitting that vaccination status played a role
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♪ officials within the fd rarks stunned this morning after two of the agencies top vaccine regulators announce thd their gg to leave the agency this fall. this is a critical period where the fda will make big decisions about booster shots and vaccines for children. elizabeth cohen joins us now. what have we heard why these officials are stepping down at such a critical period for the fda? >> kaitlan, so these two officials have more than 35 years experience between them at the fda. it's dr. marian greuber the head of the office of vaccine research a micro biologist and
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dr. phil krauss the deputy director is a physician. we don't know why they're leaving. they haven't said. we have obtained a letter from the -- an fda official saying that they're leaving, announcing that they're leaving but it doesn't explain why. a source does tell cnn that in general the fda, folks there, have not been too please mad the white house has sort of in their view been getting ahead about boosters. that the white house has even named a date, september 20th when we'll start doing boosters in the united states and that boosters haven't gotten the thumbs up from the fda. the fda hasn't said they're okay. they haven't said, you know, oh, we'll give boosters to people x months this many months after their second shot. so some unhappiness at the fda. we don't know if that's behind why these two officials left, kaitlan? >> we know this comes at a time when the fda does not have a permanent commissioner either, acting on an operating on an acting basis, we should note.
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eliz elizabeth, i'm told you have new reporting when it comes to releasing data, they faced a lot of criticism when it comes to the pandemic. what's going on? >> that's right, kaitlan. the cdc during the pandemic and actually even before faced criticism, these are obviously very smart people, they are very careful, they're very precise and some said they are very slow, that they wait for data to be published before they announce it to the public and importantly before they formulate guidance based on that data. guidance about vaccination let's say or guidance about masks. now in the past two months several times the cdc has released information to the public before it's been published. sometimes just a few days, sometimes more like weeks. that doesn't sound like much, but that is a sea change for this agency. again, the hope is to get the data out there so the guidance can be written and given out to
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the american people. there is -- the agency is facing criticism when you do that some folks who think covid isn't real, who don't trust the cdc, they can say, aha, they're putting out guidance when they haven't published the research. hopefully the cdc will communicate, this is provisional. this is important we're putting it out now and will be publishing it soon. kaitlan? >> right. those critics also say they don't put the data out they say we want to see the data. a complicated situation, but elizabeth, thank you for that. >> that's right. so, covid and sports a huge intersection there. jacksonville jaguars head coach urban meyer acknowledged that a player's vaccination status has influenced the team's decision on its final roster cuts. >> everyone was considered that was part of the production. let's start talking about this and then also is he vaccinated
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or not. can i say that that was a decision maker? certainly in consideration. >> a spokesman tells cnn after hearing meyer's comments they opened an investigation. look, this has to do mostly with players on the bubble here. the nfl has some extremely restrictive covid rules where if an unvaccinated player tests positive or is in close contact they'll miss games. if you're player right on that line and you're not vaccinated, it makes sense for a team to use that in the decision-making process. >> yeah. he said it's not the sole reason why they were cut but it certainly was something that they considered. and if you are going to risk not being able to have a player that you need that week, week to week, given how much this varies with injuries and whatnot, you want to know that everyone is there on your team. and of course this comes as cam newton was just cut. >> which by the way, by the way, we both wanted to be the lead of the broadcast today. the biggest news story in my
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life is that mack jones, 22-year-old alabama quarterback will be starting game one for the patriots. sorry, i did not mean to interrupt. >> no, no, no, no welcome news for both of us given i'm an alabama alumni, we're big mack jones fans. this will be amazing. also we should look how this played a role in how good kim -- how good mack jones has been while cam newton was not able to be there. really helped him get more reps. testifies really stand out and i don't think that's something that can be ignored. >> cam newton not vaccinated. he had covid last year, missed some games last year in this summer he missed some games because of the covid restrictions and testing things during that time mack jones, 22 years old, 15th pick in the nfl draft out of alabama had some great reps at qb in practice and then in the preseason. look, the bottom line here is that mack jones looked better than cam newton in the preseason and what i need to know from you because you're an expert on alabama football is how good is he going to be?
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>> he is going to be really good. you can never predict these things, of course. this is really up in the air when it comes to watching how they're going to actually begin the season. he has looked so good in the preseason, consistently everyday he's really been stand out. and so i don't think it's that surprising. he's a safe bet for you. and i don't think i've ever led you wrong on this. >> you never led me wrong on alabama football. i'm willing to fall in love. i just want you to tell me if i'm going to regret this. you know, i can -- >> heart break ahead? >> no, no. i think alabama players are normally a safe bet. >> by the way, kaitlan collins will be here every week to assess mac jones' performance for the new england patriots which again is one of the most important things going on right now. >> obviously. demand surging for a horse deworming drug to treat coronavirus. even though there is no evidence it works. >> none. plus, more on our breaking news, roe versus wade is in serious jeopardy this morning
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after texas has effectively banned abortion in the whole state. all of those breaking details are coming up next.
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surging, the demand here. look at these recent numbers from the cdc. prescriptions before the pandemic, they were about 3,600 prescriptions per week. as of last month, that number was up to 88,000. that is a 2344% increase. now, with that increase, has also come a huge increase in calls to poison control about this drug. three times the amount of calls are coming in now about this drug than before the pandemic. on top of that, we are starting to hear reports of pharmacists that are running out of this drug, which is causing a huge problem because people are then going to livestock supply centers. why would this drug be at a livestock supply senter? as you mentioned, it is usually used to treat livestock. the problem here is that if people are taking dosages meant far horse or a cow and you are a human being, this is incredibly
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dangerous. so a lot of issues here. where is all this his ysteria coming from. a lot on social media. people are targeting people who don't want to get sick are scared of coronavirus and in fact it's been a large issue that the fda had to put out a tweet. they summed it up pretty well here. they said you are not a horse. you are not a cow. seriously, y'all, stop it. and john, for anybody who needs to hear this and clearly there are quite a few people who do, health officials, researchers, doctors, nurses all agree that the best way to combat covid is to get the vaccine. >> and not the horse deworming drug, it's shocking. >> and not the horse deworming drug. >> very quickly you have new reporting about a potential oxygen shortage in the south. >> that's right. we talked to hospitals over the weekend in the southeast who are increased -- seeing an increase in cases and experiencing shortages in oxygen raising alarm bells. we know that the biden
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administration is looking into this carefully. they are talking to health officials, talking to trade organizations, different industry groups to try to figure out what exactly is going on here. as there is an increase in cases, increase in demand of oxygen which is the preferred treatment and these hospitals are scared they're going to run out. i also want to note the compressed gas association, a trade group, is actually now reallocating gas and oxygen that is meant to go to the industrial sector, to the healthcare sector to help with this, also some of these large suppliers are moving the oxygen from regions that don't need it as much to those regions that are having that uptick in cases that uptick in demand. some state officials are worried about that, that reallocation of the oxygen because if there's later a spike in those regions where they're moving oxygen out of, this could become an even bigger condition. something we're monitoring very closely, john. >> kristen holmes, thank you for that reporting. a man charged with beating police officers during the
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capitol riot reportedly preparing to plead guilty. his lawyer joins us next to explain his change of heart. plus, house minority leader kevin mccarthy is threatening companies who may comply with the january 6th investigation. is he trying to hide something? liberty mutual customizes car insurance so you only pay for what you need. how much money can liberty mutual save you? one! two! three! four! ! five! 72,807! 72,80808... dollars. yep... everything hurts. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ if you're 55 and up, t-mobile has plans built just for you whether you need a single line or lines for family members, you'll get great value on america's most reliable 5g network.
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with three charges. he pled not guilty to all of the counts in may, but we are hearing that he's changed his mind. >> yes, we are going to enter a guilty plea on october 4th. pursuant to a plea agreement. we're entering a plea to assault of law enforcement, felony count, count three. >> so he is going to plead guilty as part of this plea deal in october, you're saying? >> absolutely. you know, first of all, the story started with indicating that he was beating law enforcement. he never actually beat law enforcement. there was never any physical contact. he did assault law enforcement by throwing the fire extinguisher and throwing a board towards law enforcement. fortunately no one was ever injured. he's very remorseful. and we're hoping for some mercy from the court. >> okay. no one was injured is that
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because he did not actually hit them with it? or what you saying happened there? >> both. there's never any contact with law enforcement. so as you see in the video, the fire extinguisher is thrown towards law enforcement. they're barricaded. there's no contact and no one is actually injured during the incident. >> okay. because they protected themselves, because an fbi special agent says that palmer can be seen spraying the contents of the fire extinguisher at police and throwing the fire extinguisher at them. security footage shows he throws it at the officers for a second time. he wants to accept responsibility for what he did. has he explain whieded to you why he did that? >> he explained that he's sorry about being there. he's sorry that he was at the capitol on january 6th. he wishes he had never gone there. he did not go there with the intention of doing any of the things that you see him doing on the video.
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unfortunately it happened as we all know from watching the video. and he turned himself in atten e an early stage. he provided the information he has which is not a lot, but that's all he can do. he can indicate to them that he's sorry. there's another side of mr. palmer that is a good father a good man. and hopefully the court can see that what happened during those few seconds on the capitol january 6th is not a reflection of who he truly is. >> your client told "the huffington post" several months ago that the biden administration was trying to, quote, vilify the patriots. does he understand that is not patriotic behavior? >> you know, it's unfortunately he understands that what he did and how he got involved in this
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is not appropriate behavior. his opinions about politics, which you know, we have different opinions on politics, doesn't really matter. what matters is that regardless of your opinion what happened on the capitol that day is not appropriate. he recognizes that. he's sorry about being involved in those activities. and he accepts responsibility. >> we just lost robert scott pa palmer's attorneys feed. thank you for being with us today. we are going to continue with the news and "new day" continues right now. >> announcer: this is cnn breaking news. and welcome to our viewers in the united states and all around the world. it is wednesday, september 1st. i'm john berman. brianna is off. i'm here with chief white house correspondent kaitlan collins. >> again thank you for having me. >> it's great to have you back. >> and we have breaking news this m


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