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tv   At This Hour With Kate Bolduan  CNN  December 1, 2021 8:00am-9:00am PST

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good morning everyone. i'm kate bolduan. we do begin with breaking news. a monumental moment at the supreme court right now. a woman's constitutional right to an abortion faces its biggest challenge in decades. at this hour, at this moment the high court is hearing oral arguments in a case with the potential to completely throw out this constitutionally protected right first established by roe versus wade in 1973. the court is considering a challenge to a mississippi law
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banning abortion after 15 weeks of conception. the state is asking the court directly to overrule the 1973 precedent set by roe. mississippi's law which has been blocked by two federal courts before this only allows the procedure after 15 weeks in the case of a medical emergency or severe fetal abnormality. it makes no exception for rape or incest. the significance of this moment and this case before the justices cannot be overstated. let's get to the court. cnn's jessica schneider is live outside. oral arguments still going on as we speak, jessica, started about an hour ago. what have you heard so far? >> reporter: these argument haves galvanized in particular the three liberal justices. we heard them dominate the questioning through the first 45 minutes of this case, speaking passionately about the stakes of this case. in fact, it was justice sonia sotomayor who spoke at length talking about the fact that 15
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justices have been circled through over the past 50 years, this entire time reaffirming the constitutional right to get an abortion. justice sotomayor also talked about the fact that there are other rights that the court has recognized that haven't been specifically mentioned in the constitution itself, equating that with the fact that abortion rights have not also been mentioned in the constitution, but the solicitor general saying that's a reason that they shouldn't be recognized. so the liberal justices speaking at length at the same time that conservatives here seem to be trying to gappal with the fact that, of course, casey and roe are precedent and should the supreme court be bound by that precedent? what factors could weigh in? how could the justices overrule that precedent? in fact, amy coney barrett talks about the fact -- she talked about precedent. she said should public perception or should changing public voous way into whether or not the court may overturn precedent.
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a lot of talk here. what was most poignant was justice stephen brier. he implored this court not to overturn precedent saying it could look purely political to the public. here is what he said. >> the overrule under fire in the absence of the most compelling reason, to reexamine a watershed decision, would subvert the court's legitimacy beyond any serious question. >> reporter: so youity breyer as he had in previous speeches really warning that the court's legitimacy in the public view is at stake here. of course, the justices will have to consider this abortion ban essentially from mississippi. it bans practically all abortions after 15 weeks, and the attorneys for the abortion clinic here say that is clearly in conflict with supreme court precedent roe v wade. case, these arguments are still
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going on. we're now hearing the conservative justices speak a lot more now that the lawyers for the abortion provider is speaking and making those arguments. but big stakes here, hundreds of protesters outside the supreme court. a big decision that has really illuminated both sides of the political spectrum. kate. >> jessica, thank you so much for that. joining me right now for more is cnn chief legal analyst and former federal prosecutor jeffrey toobin. what do you make of what you've heard so far? >> let's just talk about the big picture first. you can make mistakes, and i have made mistakes about reading too much into what justices say at oral argument, but with that caveat, there certainly seemed to be at least five votes to uphold the mississippi law. now, there do seem to be some differences among the conservative justices in terms of how far they want to go in overruling roe v. wade. i think the biggest news, the
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biggest surprise to me is how much amy coney barrett, who has not spoken on abortion yet, seems perfectly happy to overturn roe v. wade. in fact, enthusiastic about it. jessica quoted stephen breyer's argument where he says we should be especially careful not to overturn watershed opinions. later in the argument, amy coney barrett made the argument watershed opinions, there's no such category. they should just be treated like any other kind of opinion, and they can be overruled, too. it should be stated that the liberal justices are fighting back, none harder than sonia sotomayor. she basically said, if this court overrules roe and casey simply because of a change in membership, there will be a stench, a stench on the court that will be very hard to get
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rid of. i think we have an excerpt from that. >> let's play that for everyone. sonia sotomayor really laid into the solicitor general of mississippi with a lengthy line of questioning. here is part of it. let's play that. >> the right of a woman to choose, the right to control her own body, has been clearly set for -- since casey and never challenged. you want us to reject that line of viability and adopt something different. 15 justices over 50 years have -- or i should say 30 since casey, have reaffirmed that basic viability line. four have said no.
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two of them members of this court. but 15 justices have said yes, of varying political backgrounds. will this institution survive the stench that this creates in the public perception that the constitution hand its reading are just political acts? >> what does this reveal? why is this a moment to highlight, jeffrey? >> because the court prides itself, all of the justices like to say that we are not politicians, we are judges, and we enforce the law, not because we're democrats are republicans, but because we are making a good faith effort to interpret the constitution in an apolitical way. what sotomayor was saying, what breyer was saying, what justice kagan was saying at various
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times in this argument is, look, nothing has changed about abortion and the law except that the composition of this court has changed because donald trump got to appoint three members and ruth bader ginsburg was replaced by someone much more conservative. if the only thing that matters is republicans appointing justices to the supreme court, if that's what -- the only thing that changes what the constitution means, then the constitution is entirely a political document. that's the argument that the liberals are making. it didn't seem ton making much headway with any of the six conservatives on the court, but i think it certainly is an important subject for the public to consider. that may be the audience that they're playing to. >> you're actually getting at something that i think a lot of people wonder when it comes to oral arguments by the court. how much is any justice suwayed
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by oral arguments versus briefs filed beforehand? >> i've asked supreme court justices about that, and they all say the same thing, about two times a year their opinions are changed by oral argument. that understates the importance of oral argument, for this reason, even though it doesn't change the outcome in terms of how justices vote, it could have an impact today on how the justices decide. for example, today mississippi is asking the supreme court to overrule roe v. wade and say states have free reign to ban abortion. the byplay among conservatives is very important and something playing out in oral arguments. even though it doesn't affect
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the actual votes, how an opinion is written is very important. that's being played out as we speak. >> absolutely. they're continuing oral arguments as we speak. jeffrey is going to stick by and we'll bring you these moments. thank you, jeffrey. we'll stay close to that, and bring you this as the updates come from the supreme court, a huge day there. also still ahead for us, the cdc considering tougher testing requirements for people coming into the united states. the change would even affect vaccinated americans. details coming up in a live details coming up in a live report.nin just 4 weeks. neutrogena® for people with skin. we have to be able to repair the enamel on a daily basis. with pronamel repair toothpaste, we can help actively repair enamel in its weakened state. it's iovative. my go to toothpaste is going to be pronamel repair.
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developing this morning, the cdc is considering stricter coronavirus testing requirements for all travelers entering the u.s. including americans returning home despite their vaccination status as concerns continue to grow over the omicron variant. cnn's athena jones is live at newark international airport. what more are you learning about what the government is considering here? >> reporter: hi, kate. this is all about stepped-up surveillance, specifically for people with the omicron variant, travelers coming to the u.s. from back broad. it's something that cdc director rochelle walensky telegraphed on tuesday. >> cdc is evaluating how to make international travel as safe as
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possible including pre departure testing closer to the time of flight, and post arrival testing and self-quarantine. >> reporter: so a number of measures are under consideration right now including requiring everyone who enters the u.s. to be tested one day before their flight. currently they have to be tested three days before their flight. another thing being considered is having all travelers, even u.s. citizens and permanent residents get another test again when they get here to the u.s. regardless of their vaccination status. this is something that is still being considered. it was being deliberated. no announcement has been made as of yet. this is a situation that's changing so much globally. so we could hear an announcement on this sort of thing very, very quickly. we also know president biden is set to outline steps his administration is going to take to keep fighting covid over the coming months. it could end up being part of those recommendations or those new steps. i should mention one thing that's happening here at newark
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airport and three other airports, three other major international airports, san francisco, jfk and also atlanta, you can see this table set up. this is for international travelers coming in who are offered a free covid test. now, they don't get results immediately, but they're offered a free test. they're also offered a take-home test so they can test themselves again in a few more days. of course, anyone who tests positive, that sample will be tested for omicron. that's a big part of this stepped-up surveillance. kate. >> athena, thank you so much. joining me now is dr. jean more razz sew, profess solve of infectious diseases at university of alabama birmingham. j the government already requires travelers to test three days prior to departure for the united states. this would cut that down to one day. this is something the government is considering. what are the considerations,
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though, that you think they could be debating here? >> kate, it's a great question. we have been emphasizing since the beginning of all of this that more testing is better, more frequent testing gives you more assurance if you're negative and can mingle with people. if you're positive, you can intervenerly to isolate yourself and even get treatment if you need it. i think the spirit of testing closer to departure is a good idea. it would make sure you're clear to go on the plane. the challenge is you need to have these tests be accurate, they need to be available and they need to be affordable. that is a very high barrier to get organized 24 hours -- within 24 hours before your departure for another country. i hope it happens. i think it would be incredible. it's a very tall order to combine those three parameters in a test that would really help
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people feel safer getting onto the plane. >> the struggle for more accurate and fast testing is kind of confounding this far into this pandemic, but continues to be -- we're not talking about a third world country. we're talking about here in the united states, too, access to affordable quick testing as well. the cdc, also -- they're considering this, doctor. but the cdc is already planning to provide names of passengers on flights from southern africa to state and local health departments here in the united states. this is something we're learning about this morning. this is all about contact tracing. how will this help when it comes to stopping spread in the united states, this sharing of data like that? >> contact tracing is fantastic when you have a reasonable chance of actually defining the networks of transmission, right? so you may recall that early in the pandemic we were very aggressive about contact tracing. we tried really hard to notify
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family members, to notify co-workers. we actually shut down offices when they were in a situation with somebody infected. that became increasingly futile when the infection became so common. once it got out there, contact tracing was not the way to go. you have to isolate people and create a bubble for it to work. that's why we switched to measures like masking to keep things going. if a micron remains relatively infrequent, can you go back to contact tracing and try to get a handle on this, and i think that's a question we don't have an answer to yet. we'll have to see. >> that's a good point. there's also a travel ban on foreign travelers from southern africa, just put in place by the biden administration. they've faced quite a bit of criticism about this. i want to play for you how the surgeon general defended the response. >> travel restrictions we know will not permanently keep out a
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variant. these variants reach all parts of the world in due time. but it can buy us a little time to number one, vaccinate more people, two, learn more about the variant, three, work on travel measures including testing. i do believe some of the measures considered will have an impact on our ability to detect virus before it arrives here. >> talking about effective measures, how effective do you think the travel bans are at this point? >> so nothing that the surgeon general said is wrong, and i agree with all of it. the question is what are the consequences of buying this time for the countries you're targeting when we already know, number one that omicron has spread to numerous countries in numerous continents. it's probably already in the united states. it's a matter of time before we find it. number two, when these
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countries, specifically south africa did the right thing, by disclosing the detection of this variant, and number three, really rely heavily on economic stimuli afforded by travel, not just tourism but all kinds of work. so it seems still to me a little bit too broad and too discriminatory, frankly. and i don't know that we're going to buy enough time to get the kinds of things he's talking about, like increasing vaccination to really make an impact on the spread of omicron. >> dr. marrazzo, thank you so much. >> my pleasure, thanks. join dr. sanjay gupta and dr. anthony fauci tonight. "coronavirus facts and fierce" tonight at 9:00 p.m. eastern, only on cnn. secretary of state tony plin ken using the strongest language
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breaking news. more than 10,000 russian troops begin winter military drills during the ukrainian border today. secretary of state tony blinken saying russian president vladimir putin is putting in place the capacity to invade ukraine. cnn's matthew chance is live in kiev with more on this. this was pretty forceful language for the country's top diplomat coming from the secretary of state about russia, matthew. >> reporter: yeah, it is, very forceful indeed. to be honest, it's a lot of what we've heard already in terms of substance, saying that basically the belief in the united states is that russia has plans to conduct aggressive military actions against ukraine, either in a large scale fashion through conventional ways or, secretary blinken said, possibly through -- paraphrasing a little bit -- possibly through the use of internally causing disruption from within, inside ukraine.
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we've got the ukrainians themselves saying, just last week, ukrainian president vladimir vol linskey uncovered a plot to try to overthrow the government. no evidence for it has been made public. nevertheless, there is this growing sense of teng and concern about what russia has planned for ukraine. secretary blinken making it quite clear there would be consequences if russia were to act against its ukrainian ally. >> we've made it clear to the kremlin that we will respond resolutely, including with a range of high-impact economic measures that we've refrained from using in the past. we are prepared to impose severe costs for further russian aggression in ukraine. nato is prepared to reenforce its defenses on the eastern flank. >> reporter: russia has also
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said what it wants as well, speaking earlier in moscow, russian president vladimir putin saying he wants guarantees and agreements from the united states and its allies not to expand the nato military alliance any further towards its borders. kate. >> great reporting, matthew. also developing this morning, he is very clearly trying to kill people. that's what the oakland county michigan sheriff is saying about the deadly shooting at the high school yesterday. a 15-year-old boy opened fire, killing three students, injuring three others. shimon prokupecz is live in michigan with more on this. what more are you learning, what more are they learning today? >> reporter: we just actually spoke to the sheriff this morning and we got a chance to ask him more questions. like you said, he's not holding back words about the alleged shooter calling him cold-blooded. what's interesting, kate, he tells us it does not at this
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point appear he was targeting specific people, that he was firing indiscriminately. there's been a lot made about the fact that this alleged shooter was using this handgun and aiming it in a precise way. he says they don't think it's because of any kind of training. because it's easier to fire a handgun, that perhaps that's what's going on here. they don't believe he was targeting anyone specifically. the sheriff telling us they'll have a press conference later this afternoon around 3:00 or so where we can learn more details. one o of the things he tells us is he would like to see the alleged shooter charged today. he would like him to be charged as an adult. he expects to present some evidence to the prosecutor today so that can happen. >> shimon, thank you so much for that reporting. we should note, i think the sheriff did say two of the people in the hospital, two of the students are in critical
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condition still. this is another tragedy in america's schools. we'll get back to shimon later. coming up, donald trump is facing new questions about his former chief of staff says he tested positive for coronavirus days before a debate with joe biden. that story next. living life to the flavor-fullest? heck yes. panera. live your yes. now $1 delivery. i don't just play someone brainy on tv - i'm an actual neuroscientist. and i love the science behind neuriva plus. unlike ordinary memory supplements, neuriva plus fuels six key indicators of brain performance. more brain performance? yes, please! neuriva. think bigger. your eyes. beautiful on the outside, but if you have diabetes, there can be some not-so-pretty stuff going on inside. it's true, with diabetic retinopathy, excess sugar can damage blood vessels, causing vision loss or even blindness. so remember this: now is the time to get your eyes checked. eye care is important to your long-term diabetes management.
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now to the congressional investigation in the jgt insurrection. the committee says jeffrey clark has refused to cooperate with their investigation, forcing them to go this direction. let's get over to cnn's whitney wild live in washington with more on this. whitney, what's going to happen? >> this criminal contempt vote will slide right out of the committee and then go to the house floor. the reality, kate, is this will certainly have a ripple effect. here is why. he will be the second person referred for criminal contempt of court. the first was steve bannon. that's because he never showed for an interview or produced documents. jeffrey clark did show up. this is clarifying what the
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committee considers cooperating. they're saying you can't go in and say no comment, no comment, no comment. they're pointing to a 90-minute deposition in which clark revealed next to nothing other than his own stamina to say, i'm not saying any more. state lawmakers and senior members of the white house, which brings us to the other big news that cnn broke this week, the mark meadows story. the chief of staff for then president trump is cooperating with the committee. the source tells us he has handed over thousands of emails, but what he eventually tells the committee is still unclear. however, kate, it's very obvious there's a new willingness coming out of mark meadows to work with the committee, a source telling cnn, frankly meadows does not want a criminal charge, kate. >> great to see you, whitney. thank you. joining us is cnn senior legal
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analyst elie honig. the committee says clark did show up and his attorney handed over a letter objecting to almost all the questions that they presented -- that they wanted to ask on the grounds that then president trump is entitled to confidential legal advice, a sacred trust is how the attorney described it. is that a sound legal argument here? >> no, kate, it's not. first of all, showing up and stonewalling is still stonewalling. jeffrey clark made a couple of arguments. the first one is this attorney-client-like privilege. the problem with that is the justice department does not represent the president in an attorney-client capacity. there is no attorney-client privilege between the justice department and the president himself. he's also, jeffrey clark, raising an executive privilege type argument with that. the problem is, one, he didn't work in the white house. two, donald trump has already gone on record -- back in august he wrote a letter -- his lawyers wrote a letter to jeffrey rosen
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saying i'm not going to invoke executive privilege as to you or certain other doj officials including jeffrey clark. he doesn't have an executive privilege claim here. >> the other thing whitney was reporting on, mark meadows now cooperating with the panel. lawmakers say, as whitney was reporting, it's thousands of emails and will sit for a deposition soon. we see so often, elie, people in trump's orbit defying courts and defying congress if only to slow things down. why do you think meadows could be the exception here? >> kate, on the surface, this is a smart and reasonable deal for both parties. i think it is significant. we're talking about somebody very close to donald trump who has stepped away from steve bannon, stepped away from jeffrey clark and done what usually happens in this scenario and say, let's negotiate, i'm willing to give you this and not
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that. that's a return to some degree of normalcy. that's a big deal. the question is what's going to happen when the rubber meets the road, when the committee says to mark meadows, what did donald trump say and do the moments the rioters stormed the capitol? who called him? why didn't he act sooner? if mark meadows says i'm not answering those questions, the committee will have a dilemma. are they going to take pir riff ral information from mark meadows or push him and fight for the key information. >> that's a good question yet to be seen. there's also the criminal investigation into january 6 still. this new video released of the fbi interrogation with one rioter danny rodriguez. in it he states very clearly, and it's long, but he clearly states he came to d.c. because trump called him there. and he also admits to tasing officer michael fanone.
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>> why did you tase him? >> i don't know. i'm a piece of [ bleep ]. i don't know. he's a human being with children and he's not a bad guy it sounds like. he's just doing his job, and i'm a [ bleep ]. >> emotional in more than one part during this interrogation. he was indicted last week. what does the justice department do with this as we see this video? >> first of all, they used this video against this defendant. they'll convict him based on it. it's actually a bit refreshing to see legitimate contrition and acceptance of how horrible these actions were. it's important to note that he was motivated by donald trump. they're not saying donald trump personally contacted me or personally arranged for me to come in and storm the capitol. they're saying i was motivated his his words, his conduct, his tweets, his action.
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that's a common theme we're seeing across many of these capitol rioters. >> good to see you, eli. thank you very much. former president trump is respondings to a report he tested positive to covid three days before a debate with joe biden last fall. this comes from "the guardian" reporting details of a new memoir from trump's former chief of staff mark meadows. in the timeline that meadows is reportedly laying out in this memoir raises a lot of questions. trump in his statement is essentially accusing mark meadows of lying. >> what's interesting about this statement, kate, he's saying that -- a test he took before the presidential debate with joe biden back on september 29th of 2020 revealed he did not have covid prior to that debate. what he's not acknowledging in this statement is what mark meadows said happened which is that he received a positive test
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at one point prior to that debate, in the 72 hours leading up to it and then received a negative test. what meadows acknowledges in his book is that the negative test was basically taken as gospel inside trump's inner circle and they proceeded as normal and totally ignored that previous positive test. not to parse the statement there, but it is interesting he doesn't directly contradict what meadows did say in his book. what is interesting about this entire episode is what it says about the way that the trump white house handled the covid-19 pandemic and internal out breaks of the virus inside that inner west wing circle. after he received this initial positive test, the president did multiple events, both indoors and outdoors at the white house before even going to that debate where he faced off with joe biden. >> gabby, thanks so much for reporting. that timeline more interesting. coming up, a startling
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♪ i see trees of green ♪ ♪ red roses too ♪ ♪ i see them bloom for me and you ♪ (music) ♪ so i think to myself ♪ ♪ oh what a wonderful world ♪ sounding the alarm on the massive spike in deaths across the country from overdoses. today we're spotlighting one
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city from one drug in par particular: meth. it is clearly ruining families and lives along the way. >> reporter: fresno county sheriff's deputy todd burke. >> hey, are you okay? can you get out of the road, please? orth >> reporter: on his typical graveyard shift every night. >> are you doing drugs? something is causing her to be paranoid. >> that drug is something often seen in this california county. >> it's very common for meth users that smoke it, but this is a common way to use methamphetamine is they inject it. >> reporter: this needle belongs to the driver. >> your car is expired big time. >> reporter: he searches his car and then asks about his
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addiction. he asked that we do not show his face. have you used a lot? >> i got started when i was about 13. >> reporter: why have you used since you were 13? >> my brother wanted to introduce me. i'm pa kid. i'm going to say yes to my big brother. from there it went out of control. >> reporter: he's been in and out of prison and just lost his job as a forklift driver that paid $24 a driver. he just took meth yesterday, worried about how he'll take care of his family. how old are your kids? >> 7 and 5. >> how old are you? >> 25. >> how many people do you know does meth? >> everyone. >> it's such an addictive drug, they can't get rid of it. even if they want to stop it,
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they can't. their body won't allow it. >> reporter: every stop the deputy makes on this shift involves meth. >> are you having a hard time? do you need a program? >> methamphetamine would be the number one drug used in fresno. it's so easy to obtain. it's not difficult. it's all over the streets out here. >> reporter: now cdc data shows meth is all over the country's streets, and it's getting worse. more than one in four overdose deaths this year involved meth and other psychostimulants. that's up nearly 50% from last year. in california, deaths were up 64% year on year. and in fresno, no other drug, including fentanyl, comes even close to the death rate of meth. >> it's not the same. it's different. >> reporter: dealers used to cook meth from ephedryne in
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labs. >> you had to do ephedrine. the minute we broke in, it stopped. they're huge industrial size buildings, so they're basically warehouses. >> reporter: and you can manufacture it now at a much higher quantity. smuggled across the border as liquid, difficult to detect means cheap prices. >> no warrants, right? >> no. >> reporter: high supply impacting life across fresno. >> it's not even meth anymore. >> reporter: do you feel different on this stuff? >> more violent. more violent. >> reporter: he lives in the neighborhood todd burke controls. >> i think i was 11 when i started. >> reporter: who introduced it to you? >> my mom. >> reporter: your mom gave you meth. >> when he was 55, he started to
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quit. >> it gave me nerve damage. it actually fries your brain. >> reporter: if you had kept going, how would you be? >> i would be dead. >> reporter: there is no friendliness with meth. that's why deputy burke keeps going night after night. >> i want to see people high on meth change their life and be productive. i think they want it as well. >> reporter: kyung lah joins me now. it is so clear from your reporting in california. is it most acute there? >> it just happens to be fresno. the sheriff's office had allowed us to see the very hard work na they do night after night, but it's not just the city of fresno. it is certainly not just the state of california. in fact, every single state, nearly every single state that reports data to the cdc showed an increase in meth overdoses. and there are eight states that are worse than california when
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it comes to meth overdoses from rhode island, mississippi, north carolina, delaware, massachusetts, west virginia, virginia, alaska. all of these states are worse than what you just saw in that story. >> unbelievable. thank you for that reporting. starting using meth at 13 years old, at 11 years old. it's a crisis. thank you, so much, kyung. all right, everyone, we are now two hours into the supreme court oral arguments in the case that could overturn roe versus wade. you're looking at a live view outside the supreme court. "inside politics" with john king continues after this break.
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hello and welcome to "inside politics." i'm john king in washington. thank you for sharing a very consequential news day with us. a shocking revelation in a new book. the former white house chief of staff said president trump hid it from you. answering big questions about this new variant, and yet the cdc thinking about its new


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