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tv   New Day With John Berman and Brianna Keilar  CNN  October 7, 2021 2:59am-4:00am PDT

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lives in ways that are protected by the constitution that other courts may find a way to avoid this conclusion is theirs to decide. this court will not sanction one more day of this offensive deprivation of such an important right. texas officials are planning to appeal this ruling, so what does all of this meaning going forward? cnn senior legal analyst eli hoenig, former >> reporter: yeah, brianna, this is significant. as we stand here now, this anti abortion law is not in effect. it is on because. also important, this is the first step in the legal battle that is to come. this is temporary. this decision came from a trial level judge in the federal court for the western district of texas. so it's a first step. there are more legal battles ahead. we will end up in the court of appeals and potentially in the
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u.s. supreme court. that said, what happens in the district court very important. enormous win for the biden administration. enormous blow for the texas law here. >> so then the judge directly addressed this novel enforcement scheme, which that's one of the things that made it difficult, right, for getting around the enforcement of it. individual citizens empowered to go after abortion providers and others who help women get abortions. what did he say about that? >> when you read this, it is striking. the language is very district. he pulled no punches. depriving citizens of this right by direct state action would be flagrantly unconstitutional, the state contrived made up an unprecedented and transparent statutory scheme to do just that. like you said, brianna, texas put this law together in a way to make it difficult for a judge
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to review it. he said i'm not letting you weave between the lines and get around judicial review. that's why he issued his ruling. >> those in the white house applauded this decision last night. but their applause, their euphoria, i imagine, could be very temporary. >> this is idea temporary. this is an opinion from a district court judge. the judge said i'm putting the texas law on hold. and i'm not going to stay my own opinion. meaning that hold goes into effect now. what we will see next, possibly as soon as today, the state of texas will go to the court of appeals, fifth circuit. famously conservative. they will ask the court of appeals to do two things. one, put the district court ruling on hold, let that texas law go back into effect, and eventually ask the fifth circuit to overturn what the judge did last night. and whoever loses on the court of appeals is most certainly going the try, try is the key
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word here, to get the case up to the supreme court. the supreme court don't take every case. but it will be up to the supreme court if they want to hear this somewhere down the line. . >> so stay tuned. maybe as soon as a day or two could be back in effect. we will see what the fifth circuit does. elie, you stick around. >> i will. >> we have a lot more for you in a moment. these four allies of donald trump are on the clock. today is the deadline for mark meadows, steve bannon, kash patel and dan scavino. so these four people, subpoenas not just for testimony but also documents. what are the chances that any of them comply? >> right now it seems highly unlikely they will be cooperating with the committee. what we will see is weather the committee is going to hold these witnesses in contempt and if
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they will follow through for criminal enforcement here. they said if these four allies of trump, if they don't come forward and bring their documents, they could face criminal ram tpebgzs here. and so we're going the see whether or not they're going to hold true to that. but right now it doesn't seem like they're going to be implying. >> so how much does that slow things down? because clearly that's the procedure or sort of the tactic that we've seen in the past with trump administration officials. >> right. we have seen them slow roll things before. so of course this would slow things down. but the committee wants to move fast. and they've also shown they really want to look at everything. it's not just these four. they have also issued subpoenas for other people who were at the white house. they want to talk to social media giants about what they might know about the motivations of how everything happened january 6th. >> politico is reporting that the january 6th committee has spoken to richard donahue, who
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was a justice department official, who was part of those meetings with jeffrey clark. and jeffrey rosen where the justice department, there were people in the justice department trying to step in and say there was corruption. by the way, there's a senate committee report coming out later this morning which delves into this as well. but what does this tell us about where the january 6th committee is. >> it shows us how sweeping this investigation is. it is not just learning about what was said behind doors on that day, what president trump was doing that day. it's also what led up to all of this. richard donahue was number two at the justice department. and he took detailed notes about a conversation that president trump had with acting attorney general at the time. and at the time trump was trying to pressure them into saying that the election was corrupt and that they shouldn't recognize the results. so they want to get to the bottom of that and really understand just how we got to
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everything that happened on january 6th. >> the former president said the real insurrection wasn't on january 6th. it was on november 3rd. >> that's a stunning state. >> we always talk about the outrage muscle being worked to fatigue. but that is pretty nuts as an admission by the former president. what is the risk for these folks clearly doing, it seems, what donald trump wants them to do instead of fulfilling their obligations under the law? >> yeah. that was a pretty remarkable comment by the former president, saying that the actual insurrection was what happened on election day. that is something he talked about. i'm sure it will come up at his rally in iowa this saturday, too. but the former president has said really election integrity is what this is all about. as we saw from everything that unfolded january 6th, lives were
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lost, a lot of people were led astray from the truth. i think that's what they need to hear more about. . >> it is now the price of admission to be part of trump's republican party to say things like the election itself was an insurrection. think of the impact that could have. it is something people need to be aware of. thanks for being with us. >> thank you for having me. congressman jason crow. >> if they continue to disregard the subpoenas, i will highly encourage authorities to pursue criminal content. frankly, that's what would to any american. any american sitting at home right now, if you represent a subpoena, there are consequences for you. stkpw >> elie honig is back with us. >> any time a person defies a congressional subpoena, congress has three options.
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the first one is what we call inherent enforcement power. way back in the 1700s, 1800s, even 1900s, the sergeant at arms could go out and lock them up. that is a jail near the capitol building where people used to be locked up people who defied subpoenas. this is the current day william walker. he is there for security of the membership. i do not think it is at all likely we will see him going out handcuffing steve bannon, mark meadows. >> okay. so the slow route, they can go to the courts and try to enforce the subpoenas. what does that look like and does it render it in effective. >> this is the slow route. they can ask a judge, we want an order requiring these four
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people to testify. and if they don't, they can meet civil and criminal penalties. the problem of course is donald trump has already told us he's going to try to get in the way, invoke executive privilege, absolutely not immunity really anything, as you say, brianna, to slow things down. this happened january 6th, 2021. this committee let nine months go by and they have not done much into getting into trump's inner circle. as a practical matter, we could have a new congress. the committee needs to be ready to go to the courts as soon as today or next week when subpoenas are defied. and judges need to do a better job. don mcgahn, the dispute over his subpoena took two years. that's unacceptable. judges are human beings. they can do better. they need to handle these more quickly. >> i think the most interesting isn't with the courts.
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it's the justice department. the justice department and the attorney general has a real decision to make here. explain that. >> i agree. if a person defies a subpoena, congress can vote to hold them into contempt and refer a case over to merrick garland and the justice department. key thing to understand. the decision whether to bring a criminal charge, that's going to be merrick garland's decision. there is a federal crime for defying a congressional subpoena. one year maximum. actually, one month minimum, which is interesting. historically doj has passed on bringing these charges. it's been over 50 years since doj has charged anybody over this statute. these four people are high profile people. bill barr, 2019. wilbur ross, 2019. and lois learner and eric
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holder. doj said we're not going to charge. that said, merrick garland has a really important decision here. that could be the most direct, quickest and really the only route to compel these people to testify. >> if they did testify or eventually they are compelled to testify, they could take the fifth amendment. tell us about that. . >> yeah. so they have a trump card of sorts here. no pun intended. the fifth amendment. any person has the right to take the fifth to remain silent. we've seen that done in congress before by oliver north in the '80s, founder of enron kenneth lay, mark mcwire in the steroids investigation. the only counter move is congress can immunize the witnesses meaning you have to testify now. we're not going to use it against you in the future but you have to testify now. the problem is it makes it essentially impossible to prosecute these people.
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that's what happened with oliver north. he was immunized. he testified. he was then convicted. but a federal court threw out the conviction because they said, hey, congress, you immunized him. sorry, you can't prosecute him later on. >> as things stand, there are zero repercussions for refusing a congressional subpoena. if things continue as they are and there is no doj enforcement, what do they matter? they're just pieces of paper? if there's no sanction for disobeying them, i'm not sure i understand them to begin with. we'll see. >> this is going to be on the committee, judges, and merrick garland. >> elie honig, thank you. >> a congressional suggestion. >> why don't you come in and talk to us. if you can't, meh. >> see you another time maybe. significant developments in the case of brian laundrie.
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police found new clues where he may be hiding out. mitch mcconnell folding over lifting the debt ceiling. and a hollywood ending has the l.a. dodgers moving on. i've always dreamed of seeing the world. but i'm not chasing my dream anymore. i made a financial plan to live it every day. ♪ ♪ find a northwestern mutual advisor at what happens when we welcome change? we can make emergency medicine possible at 40,000 feet. instead of burning our past for power, we can harness the energy of the tiny electron. we can create new ways to connect. rethinking how we communicate to be more inclusive than ever. with app, cloud and anywhere workspace solutions, vmware helps companies navigate change.
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september 13th, a day earlier than previously disclosed and five days before they reported him missing. the update is coming after a car belonging to the laundrie family had been abandoned outside the c carlton reserve. gabby petito's family is speaking out and revealing new details. >> there was remnants of a fire ring. you could see where the rocks had been moved to make the fire ring. there was a clearing where i would face my tent, and that would look out over the mountain range. >> it wasn't far from the van. it was a five-minute walk, you said, something like that. . >> i just hope he's found. i really do. >> he will be found. >> alive. i want to see him if a jail cell the rest of his life. he's an outdoorsman. being in that concrete cell and he can't see the trees and smell
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the fresh air. >> what was it like to hear the 9 11 call that was made? >> i haven't listened to it. i can't do it. i just can't do it. >> i was angry. it didn't make any sense. >> you don't sleep. you don't eat. you go through scenarios in your head because we don't have the answers. i perceive the last moments and it makes it worse. >> i try not to think of that. >> one rabbit hole after another. i have a great support system, but it's hell. >> joining us now to talk about the developments, cnn legal analyst and criminal defense attorney joey jackson. joey, a lot to go through here today. let's start first with learning in this reserve, which had so far come up empty, there is a camp site that appears to have recently been used. what does that mean? >> yeah. brianna, good morning to you. it could mean a little.
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it could mean a lot. just to clarify, remember it's a large world. it's a large area. many people use that. so we can't immediately draw the conclusion just because it was recently used there's any connection to him. now, saying that, we have to be mindful of prior search warrants done with respect to his home, that is mr. laundrie, with respect to items that the police were looking for. and we have to presume based upon that that they have relevant dna, relevant samples with regard to anything that would have to do with him. certainly they have samples as to gabby petito. and so the police can make that connection, right, because of the information and forensic technology they have. but a camp site without more, that is the information i provided to you, right, could mean nothing. but it could mean a lot if they make the connection with authorities with information
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they have tkpwhgleaned from sea warrants. >> law enforcement asked brian laundrie's family basically to help them. then they reversed that after the finding of this camp site. tell us how you are looking at the request and the reversal. >> from the outset, they wanted assistance from the family. why? you would think, believe or understand that the family might have information relevant to the disappearance of gabby petito and the subsequent determination that she was dead. so authorities get information from a variety of sources. one is any witnesses who might have seen or heard, given information. we know those witnesses have come out with regard to the interactions between gabby petito and brian laundrie. but a major source of information is the family, right. we know he came back, mr. laundrie, to his family. you have to presume there were
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discussions with respect to where you were, what you did, where was she, what were your interactions, where do you think she is, what, if anything, did you have to do with it. that's important. they want to go to authorities, help us. with the actual discovery of the camp site, they ended that. i think the family still has important information they can share but lawyers i presume are telling them not to do so. >> yeah. they are sharing and changing information. we will see what all that means today. joey jackson, thank you so much. >> always. thanks, brianna. a potential deal between republicans and democrats to avert potential economic calamity for now. we are live from capitol hill. plus, minneapolis police officers are talking about hunting people down during protests over george floyd's death last summer. brand-new body camera video
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so, in a matter of hours the senate is set to reconvene negotiations on a short-term debt ceiling increase to defer a potential default. the economy was on the brink of epic calamity. and senate leaders, both republicans and democrats, getting together to maybe delay it a little bit. chuck schumer does say a deal is in the works. >> we have been negotiating all afternoon and all night, just until the recent. we are not -- we're making good progress. we're not there yet. but i hope we can come to an agreement tomorrow morning. >> now, this agreement would only delay the ultimate pain until december, which could be
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quite a month. both parties will face the same issue again. cnn's lauren fox is live on capitol hill. they've been up all night talking, lauren. and also this indicates that maybe mitch mcconnell, for once, was feeling some pressure. >> reporter: yeah. if there's anything that congress loves, it's a punt, john. this is going to kick the can down the road until likely early december, when there is going to be a potential deposit shutdown because you have a funding deadline. first, this negotiation. what you are seeing is leadership staff on both sides of the aisle working very hard. i'm told from republicans and democrats i'm talking to they are feeling like they are making good progress. potentially this deal could come together this morning. this could slide into the afternoon because that's how things work on capitol hill. lawmakers are expected to be on recess next week. that could be a real change agent when it comes to getting a negotiation going.
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mcconnell went into this lunch and surprised members because he said he would offer an off-ramp to this potential crisis. lawmakers were getting nervous on both sides of the aisle. because they saw the writing on the wall. democrats were not going to use this very difficult process in the budget committee to try and do this on their own. instead, they were talking about a potential rules change. we know there were conversations happening between mcconnell and a moderate joe manchin from west virginia. eps seen as somebody who can go-between both parties. he has strong relationships with republicans on the other side of the aisle. but there were real conversations about potentially changing senate rules. so what did he say to try to get this along? we don't have the answer to that. certainly it indicates that there were warning signs that democrats were not going to
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blink. so mcconnell did. and i do think it is a significant development. since july, mcconnell has been saying over and over again republicans were not going to lift a finger to help democrats increase this debt limit. now they are willing to do it in the short-term. where this leaves us in late november, early disease still remains to be seen. >> a lot of people thought it wasn't possible for mitch mcconnell to blink. it only delays things until december. thanks for being with us. a show of solidarity as players are returning to the field for the first time since sexual misconduct al allegations that have rocked the national women's soccer league. and a walk-off. oh, my goodness! there is nothing more dramatic than this. the national league wild card game ends in high, high, high drama. that's coming up.
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it was a walk-off. what an ending to the national league wild card game. andy scholes with much more on the "bleacher report". good morning, john. a stressful night for dodgers fans. theiren credible 106-win regular season just hanging in the balance against the cardinals. in the end, all those fans got to leave dodgers stadium, jumping up and down. cardinals and dodgers tied into the bottom of the ninth. cody bellinger drew a walk, steals second. and chris taylor crushes this to the left. a walk-off home run and the 53,000 fans going bonkers as they advance to the division
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series. >> not try to do too much. he gave me a good slider to hit. think small and big things happen. yeah. that's all good. >> dodgers now move to face their division rivals. the first series between two teams. national league starts tomorrow on tbs. american league with a doubleheader. followed by red sox and rays at 8:00. we know you were very emotionally invested in the yankees game. how do you feel about the rays series? >> it doesn't matter. i'll ask you a question. when do the yankees play again? >> not until next february. >> i feel awesome.
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awesome. >> touche. a remarkable show of solidarity in women's soccer as players return to the pitch since sexual assault allegations. they stopped play in the sixth machine and they gathered in a center circle. those six minutes represented six years it took for former players to be heard. the two players revealed in a report by the athletic they had been sexually harassed by coach paul riley for years. riley denied the accusations in the report. cnn has not been able to reach him for count. christine, what did you think about how much attention it was bringing to this? >> i thought it was terrific. it is exactly what should be
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being done by the players. they are trying to get control not only of their league but their lives. there are stories of abuse, harassment, all the things these women, great athletes have had to deal with. they are saying that enough is enough. six years of no one listening. you stop the game and you get national coverage and attention and a conversation as we have been having the last few weeks with women's soccer players, brianna. a conversation that goes right into every family, every home, every locker room about what's been happening with women athletes and of course male athletes as well i'm sure in many case. verbal abuse, sexual harassment and worse. and i think this is what you see when you see players taking over saying we've had it. we're in charge of our league. the owners, the commissioner is gone. you're not in charge. it's a remarkable statement.
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>> it appears looking at this from the outset things have moved out. riley out. key personnel out. there is going to be an independent investigation. on paper all of this looks great, like there is a big spofpblts but how are you seeing it? >> it's easy to have the headlines. then do people care in a few weeks? that's the key. that's the question. look at the gymnastics hearing of several weeks ago. wall-to-wall coverage of our american heroes, simone biles, aly raisman and others. do we forget? we're outraged. and then what happens next? this has to be a national conversation every day. they have the stage. even though women's soccer is not like major league baseball, it's just getting started. it has nowhere near the reach. but they do have the reach.
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they have an incredible fan base, websites. there's a way to talk to girls now who are 8, 9, 10, how you cannot let these things happen. we will measure the success by where we are a year from now, not where we are with the outrage today. >> with i am sick of knowing i have been watching and enjoying sports and then understanding what has been going on behind the scenes that really just ruins it. it really does. christine, thank you so much. >> brianna, thank you. . >> we're going to talk with former soccer players about these allegations made against their former coach. the coronavirus vaccine for young children could be ready in a few weeks. today is the deadline for former president trump's aides to cooperate with the capitol riot investigation. what happens if they don't?
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this morning millions of people are under flash flood watches across the southeast where heavy rain is inundating the area. >> that was the flash flood
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emergency that just expired for birmingham, alabama. water up to the windshields of those cars. and more flash flooding is still possible today. this weather brought to you by pro serve. making water and fire damage like it never even happened. it's low pressure over kansas. the rain from chicago to the gulf coast. look how much has come down the last couple of days. 4 to 6 here. areas around birmingham, around 10. from 6:00 last night, 4 to 6 additional inches of rainfall fell right over birmingham. the areas still seeing flooding. yes, it is still going to come down. the cut-off low sits there and spins. one wave of rain after another, more flash flooding possible. more rainfall accumulation. but a beautiful weekend across the northeast for leaf peeping if that's where you're going. south still stays warm.
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>> chad, thank you. so we might be just weeks from seeing younger children getting covid shots. the fda is getting ready to decide whether to authorize pfizer's vaccine for emergency use in children 5 to 11 years old. what is the plan to get the shots into arms, smaller arms as it were? jacqueline howard is here. i understand, jacqueline, you have some new details. >> that's right, john. i can tell you states are getting their potential rollout plans in place right now. i spoke with the association of immunization managers, and it turns out that there are three main sites where we could see vaccines being administered from ages 5 to 11. similar to the rollout we saw with tkhrepbts, we could see some pediatrician's office and local pharmacies offer vaccine for this age group. we are hearing schools being part of this conversation. for instance, in the state of virginia, governor ralph northam
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said this could be part of his state's rollout plan. have a listen. . >> the easiest and most equitable way to deliver the covid vaccine is at school, to have the health department come in sand give the shots. our teams are working with school superintendents to do that wherever possible. >> you see school districts and superintendents are part of these conversations for rolling out the vaccine in virginia. it depends on in the cdc recommends it. there are things parents can do now to prepare for this potential rollout. for instance, if you have kids 5 to 11, you can call your pediatrician's office to confirm
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whether they plan to receive the vaccine and administer to the age group. if they don't plan to be part of the rollouts, you know now you will have to consider getting your kids registered at either a local pharmacy or local vaccine clinic. overall, john, the rollout plans are in place. we are waiting to hear from the fda and cdc on their decisions. . >> a lot of parents waiting for this moment. jacqueline howard, thank you very much. >> absolutely. this morning, we have new details about what led to the launch of the far right conspiracy network oan. >> plus, a sign of the conspiracy theories. a maryland man is accused of killing his own brother because he was a pharmacist who administered vaccines. we have all the details coming up. what happens when we welcome change? we can make emergency medicine possible at 40,000 feet. instead of burning our past for power, we can harness the energy of the tiny electron. we can create new ways to connect.
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experience amazing at your lexus dealer. a maryland man killed his own brother over a conspiracy theory on vaccines. he is also accused of killing his sterpl and elderly woman.
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this is horrific. >> yeah, brianna. charging documents show that jeffrey burnham's mother initially called police, according to that report. and in that report she claimed she questioned her son's mental stability, a 46-year-old maryland man accused of killing three people a week ago. among them his brother, a pharmacist. he told his mother before the murders he planned to confront his brother over administering covid vaccines. he said he was using them to poison people and his brother knew something about it. he killed his brother and his wife only after stabbing an elderly woman to death. the motive in the killing of 83-year-old rebecca reynolds was simply to use her car.
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burnham was tracked down by police and remains without bond as of this morning. cnn did reach out to multiple authorities. waiting to hear back from the county state attorney's office to try to hear and learn more about this case that is bizarre as it is disturbing. brianna. >> thank you for ta. >> court documents reviewed by cnn reveal at&t was instrumental in the creation of the far right one america news or oan. at&t is cnn's parent company. i want to bring in brian stelter approximate, chief media correspondent and anchor of "reliable sources". this is a network that traffics in some of the most dangerous conspiracy theories out there. >> reporter: yeah. it makes fox news look liberal. it is conspiracy laden. sometimes pretending donald trump is still president. it is the worst of the worst out there.
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this first reported by reuters. it showed ow at&t played a pivot on the role. this is an opinion channel with extremist content. according to court documents, let me put up on screen. oan's founder crediting at&t saying they told us they wanted a conservative network. they only had one, which was fox news. they had seven others on the other side. when they said that, i jumped to it and built one. giving at&t credit saying thank you for the inspiration for giving us space on your lineup for our channel. as the years has gone by, it has become more and more conspiracy laden, becoming more and more of a problem within the media information, full of disinformation. this story now confirmed by cnn points out at&t not only inspired oan to launch but bankrolled it. they pay fees for cnn, fox, et
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cetera. that's how the cable business works. there are not a lot of providers carrying oan. so at&t is subsidizing or funding the channel. >> again, just so people know, the things oan says, the theories it propagates, just deeply corrosive to society. how is at&t responding? >> at&t has never had a financial interest in oan's success and does not fund oan. we refused to carry the channel on the platform and oan sued as a result. they are basically saying they were forced to carry the channel. four years ago, directv reached a commercial carriage with oan as it has with hundreds of other channels. they carry its programming. they are saying this is nothing to see her. this is a normal carry deal. there is a reason comcast and
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others, there's a reason why they don't carry this conspiracy network. there's a reason why they tonight provide carry fees to oan. they are making a choice of content. competition is eye good thing. it's great to have more and more channels. there is a limit when we talk about channels that spread hate and misinformation. this is not just a conservative channel. it's a conspiracy channel, and there's a big difference. that's why at&t has come under harsh scrutiny as people watch why is at&t essentially providing the support for this channel? >> there's no rule, no law that says at&t has to carry it? >> this is the cable version of the wild wild west. almost none about cable or satellite. so ultimately this is a corporate decision, a business decision. and the texas-based at&t, which owns cnn, right now is working on a deal to sell warnermedia
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and cnn off into a merger with discovery. you can imagine maybe some of the conservative executives or board members saying we have cnn. we need to have an alternative. again, there is a difference between real news and conspiracy crap. oan doesn't have reporters in dangerous locales. it goes on the air and lies to people who, for some reason, wants the lies. the vaccine misinformation is the effect. oan is the cause. . >> it is a choice to allow it to be broadcast on your platforms. at a restaurant last night eating. at the table behind me, the two people were having a conversation about brian stelter. it's true. >> what? >> out there minding my own business, and the people talking about brian stelter. that's how much of a big deal you are, brian. >> what were they saying?
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>> how awesome he is. they were literally talking about -- it was not mom. >> it was clearly my relatives. >> they were talking about how "reliable sources" is basically a textbook, they say, for journalism in all things journalistic. >> that's lovely. >> yeah. >> maybe oan should simulcast it. first time for everything, john. >> brian, congratulations to you on everything you've done. thanks for being with us. >> thanks. >> "new day" continues right now. welcome to our viewers in the united states and around the world. i'm brianna keilar. i am here with john berman, which is so lovely. it is thursday, october 7th.
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four trump loyalists defy subpoenas from the committee that is investigating the january 6th insurrection. >> today is the deadline for mark meadow, dan scavino, steve bannon and kash patel. they can't find them. all signs point to the trump confidantes following trump's orders and not cooperating. so if they don't, what happens? cnn's whitney wild joins us now with the very latest. whitney, what are you hearing? >> well, the committee has made it clear they are willing to explore a list of options, civil, criminal, for example, to try and compelling people they have subpoenaed to give them relevant information. today's deadline, while worpbt, is just a document deadline. for example, they also want to ear from the people in person. that's not supposed to happen until october 14th or october 15th. there is still a lot of time for these people to materialize and


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