judge. trump says, no appaologapologyi all to ramp up criticism against the judge and, of course, the media. we begin with chris frates in l.a. >> reporter: good morning. it's not how hillary clinton wanted to make history as the first woman to become the presumptive presidential nominee of a major party, but last night clinched the number of delegates needed to do just that. both sanders and clinton didn't really acknowledge the moment, instead urging supporters to get to the polls today. >> according to the news we are on the brink of a historic, historic, unprecedented moment. >> reporter: overnight hillary clinton clinched enough delegates to become the presumptive democratic nominee. >> we're going to fight hard for every single vote, especially right here in california! >> reporter: but she is not

claiming that historic milestone just yet, instead focusing on getting supporters to the polls in the final states holding contests today. >> in case you haven't noticed, there are a lot of people here tonight. [ cheers ] >> reporter: rival bernie sanders insisting the primaries aren't over yet arguing that super delegates can change their minds before the july convention. the senator not acknowledging clinton's rally in san francisco but softens rhetoric when asked about the possibility of endorsing her. >> let's assess where we are after tomorrow before we make statements based on speculation. >> reporter: clinton is hoping to bring democrats together quickly after this long and bruising primary season. >> i'm going to do everything i can to unify the democratic party, and i certainly am going to be reaching out to senator sanders and hope he will join me in that, because we've got to be unified going into the convention and coming out of the convention. >> reporter: clinton is poised to get a major boost from

president obama, who sources say could endorse her as early as tomorrow, and is itching to take on donald trump. now, on sunday, president obama and sanders talked by phone, but sanders really refused to publicly discuss that call, and last night cnn asked clinton seven times about the news she had become the presumptive nominee, but she declined to answer. so both candidates really trying to make sure that their voters don't think that this race is over and they get out to the polls today. >> frates, you're where the money and action will be later tonight. keep us apprised of all change. also the clinton and sanders campaign urging all to come out and vote. don't like either side, don't like the idea of this being over. california is the big ticket, but new jersey could be the deciding contest. live in bloomfield, new jersey, polls have just opened. what's the status?

>> reporter: yes, chris. like you said, the campaigns are definitely concerned that voter turnout will be dampened. tell you this. buy 1.1 million new registered voters just here in new jersey, poll workers say they are expecting a steady stream of people. we're just outside newark, new jersey, the town of bloomfield. interesting that, the number registered is 600,000 more registered voters than the last primary in 2008. the polls here just opening at 6:00 this morning. they'll be open straight through 8:00 tonight, and the poll workers, they say they are gearing up for what they think will be a lot of people out here. chris and alisyn? >> saying there will be a lot of people, because, you know, looking behind you right now, it's not the most action i've ever seen at a poll location. there's somebody. >> reporter: give them a little time, chris. polls just opened. >> there's somebody else. forget it. i feel better now.

>> there you go. >> reporter: we got one. got one. >> very good. we'll check back with pup thank you very much for that. bring in our stellar panel. we start with cnn political commentator and political anchor of time warner cable news errol louis, host of the david gregory podcast david gregory and cnn national political reporter maeve reston. david gregory, great to have you in-studio with us. why isn't hillary clinton trumpeting her big win? why are they playing this under the rug? >> she wants voters, would like a resounding victory in california and two, give bernie sanders space here. hearing senator sanders yesterday, i think he was modulating a little bit, moderating his idea that this is going to be a contested convention. he wants to see results in california. obviously, if he were to pull off victorily, he would make the argument he would keep on. a call from president obama yesterday, leaks put their

thumbs on the scale in a pretty big way to wind this down and i think a different tone yesterday. >> we do have that. the call before president obama and after. let's listen to this. >> no candidate will have enough pledged delegates to call the campaign a victory. they will be dependent upon super delegates. in other words, the democratic national convention will be a contested convention. >> if the numbers aren't with you tomorrow, and if you don't get an indication, would you consider endorsing hillary clinton before the convention? >> let me just talk to you after the, the primary here in california where we hope to win. >> so what happened, errol? i mean, not so much the before and after. i get he's going to be circumspect, what's to see the results what his leverage is.

in terms of the nature of the super delegates, is does feel off that this a.p. reporter, whatever teams of journalists making phone calls, getting alisyn camerota on the phone and i'm going for hillary. my state hasn't voted yet. it feels somehow undemocratic. >> the other side, this is what a.p. always does, do it every cycle, doing it throughout the cycle. the poor a.p. staffers have to call up the super delegates and hound them week after week after week and that's indeed what they've done. this is the super delegates themselves, maybe saying, you know what? i don't care about the choreography, maybe i want to put her over the top. it has caught the clinton campaign a little off guard, trying to make arrangements for tonight for my show about what we'll hear and what we'll hear it, seems pretty clear they thought there was going to be, you know, new jersey would be called at 8:00 and an announcement, we're over the top. it all got scrambled yesterday.

it wasn't the best way to be rolled out but some of it is outside everybody's control. the other hand a notion of conspiracy here i think is just simply not the case. the super delegates were really registered up front. they've been saying for months now what they were going to do. >> there's no real evidence he's making strides at pulling them away. most of the calls are from the a.p., not the sanders' camp. >> maeve, it's worth noting in 2008 bernie sanders endorsed barack obama before hillary clinton had gotten out of the race and before the convention. back when it was just the combination of pledged and super delegates. so why are the rules different now? >> well, he just feels like this is an entirely different political climate. i was actually at that press conference in little tokyo, ho could not have been more defiant and determined this would go all the way to the convention. i think his advisers believe

they really need to see what happens in these six states today, particularly in california, and the irony of the a.p. call yesterday is that this will just infuriate bernie sanders supporters who don't believe that this race is over. you know, they were out in force at all of his events this weekend. a lot of them saying they would not support hillary clinton in november. and so it's just sort of a fascinating moment where we're going to watch turnout all day today, but i bet a lot more bernie sanders people will turn out just to kind of say, let's keep this going. >> well, maybe, maybe not. >> that's what they're worried about. what clinton, i'm sure, camp is worried about. >> there are concerns for that, though i got to tell you, we all get calls by the campaigns. bernie's people have been very consistent saying it's not over. what we don't like you're saying what the super delegates are going to do before they vote. that sounds good, david, but that's never how it works. these are people who are

supporters and not waiting to be swayed, these super delegates. >> right. they've already pledged their support. these are the rules of the game. >> and never determined an outcome? right? we've never had them determine an outcome? usually go the way the pledged ratio has gone in each outcome? >> it's fair to say bernie sanders deserves room here. he's run a tremendous campaign. he has now, will continue to have, a lot of influence within the party, on the party platform, and, you know, president obama has said it's not like there was kum ba yah and unity right away once it was over back in 2008. and even him calling sanders, applying pressure, and the leaks yesterday, sanders has a right to go through california, the primary, take a breath and find a way to work with hillary clinton, and she's got to do the work, too, to bring her supporters onboard. you know, it was not easy between the obama camp and the clinton camp back in 2008, and it's not going to be instantaneous here. i do think the trump factor

makes it a little different. democrats have a reason to fall in line and get united because there's a huge wild card and his name is donald trump in terms of her fortune bes in the fall. >> if bernie sanders wins california, say, today. does that change the equation? >> bragging rights. makes the negotiation different. say, look, we finished strongly. i don't particularly know that he's going to win california, because the numbers didn't suggest that he was going to have a blowout win. i mean, that's really what will maybe change his negotiating stance a little bit, but it's one thing to give a candidate like bernie sanders space. he's got to step into that space, and really up until now, he has steadfastly turned aside every opportunity to start a conversation about what does bernie want? what do bernie sanders followers want? appointees to the platform committee but we don't know what they'll push for, he hasn't started to talk about what might be in line for sort of further down the ballot what he might want for some of his candidates. in are some bernie sanders

candidates, people who wanted to run with him for other offices. what happens to them? his campaign staff. a lot of questions out there. >> fair point. he hasn't stepped -- a great way to put it errol louis, maeve reston, you've been reporting on this. give a final thought. step into the space. as you've been reporting, we've heard from bernie ourselves. it's not for me to tell my supporters to be for hillary clinton. she has to make the case, go for them. that's not usually how it works. once you decide your race is over you're for someone else, you say that. i'm all-in. my people are all-in. not this time. what's your take? >> on his side, he will do everything in this power to help the democrats defeat donald trump. however this turns out. clearly in these rallies as he's continuing to talk about hillary clinton as being part of the system, he's not pulling back on his attacks or his critiques of her, and as i said, his supporters, a lot of them have a lot of issues.

they talk about her trust issues and integrity issues and that's going to be a big struggle for her that she's really going to need his help to bring them onboard. >> panel, thank you. stick around. we have a lot to talk about with donald trump as well. coming up in our 8:00 hour, hillary clinton's campaign manager, robby mook, will join us live to talk about what the plan is for today and beyond. on the other side of the ball, donald trump is not backing down or apologizing. instead, he's ordering surrogates to intensify criticism of the federal judge who is overseeing the civil case against trump university, and now more high-profile republicans are attacking him because of this decision. we got cnn's jim acosta live outside trump tower in new york. hey, jim. >> reporter: good morning, chris. that's right. as this primary part of the election battle is coming to the end, that's right. donald trump did hold a conference call with his staffers, his surrogates and supporters where he urged all of the folk on his team to keep up

the fight against federal judge gonzalo curiel and now some of his moment prominent critics are starting to change their tune. >> i don't care if the judge is mexican or not. i'm going to do great with the mexican people. >> reporter: donald trump is refusing to back down or apologize for his attacks. >> i don't care about mexican, but we're being treated very unfairly. >> reporter: calling for judge gonzalo curiel to recuse himself from a civil case involving trump university. >> you have thousands of students saying the place was great, it was a great school they loved it, in is should be dismissed on summary judgment. >> reporter: his attacks on the judge. >> i'm building a wall. he's a mexican. >> reporter: calling for uproar and unifying the gop against his rhetoric. >> the judge is a american. it's wrong donald keeps saying that and it's inappropriate, wrong, offensive, i hope he'll stop. when i ran for president i told everyone this is what would happen. >> reporter: on a conference call with staffers and surrogates, sources say trump

told them to keep up criticism of judge curiel. >> when dnt today on the call explained his side of the story it made complete sense. here are the facts of the case and we need to continue to attack the bias that is going on out there. >> reporter: even trump's most prominent supporters are blasting his attacks including newt gingrich, rumored to be on his vp short list. >> one of the worse mcr mmistak he made. >> he did a very good job narrowing down his complaint. by the way, look at the record, is totally legitimate. >> we're both big boys. he's doing a good job overall i deeply disagreed on one item. >> reporter: former candidate ben carson also walked back his criticism. >> people assume on the basis of something that is said what a person believes when they could just ask him. >> reporter: more criticism is

coming in from republican cir e circles. senator tim scott from south carolina called the comments on the judge racially toxic. senator lindsey graham told the "new york times" it is now the moment for prominent republicans to rescind endorsements and as for criticism from newt gingrich i talked to one prominent supporter gop of donald trump on the conference call saying you could now take the former house speaker off the vp list, just judging how people on that phone call were feeling of his criticism of donald trump. >> that list might have gotten shorter. jim, thank you very much for that. donald trump vowed, you'll remember, to unite the republican party, but his comments about the judge seemed to have the party uniting against him. we're talk about this latest controversy, next. (man) oh, looks like we missed

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because he's mexican and he's not backing down from that. he had a phone call yesterday. this is not something trump does. had staffer and ksurrogates on the phone. nobody apologize, nobody back down, in fact, let's double down. and bring in our panel. we heard from mark cuban saying i'm afraid trump's going to be a puppet president, doesn't know enough about certain issues, he'll have to be surrounded by advisers. this is a reflection of the real trump. this is my instinct i'm doubling down. is it strong and wrong? >> the question, who does trump listen to aside from donald trump? this is why campaigns tell us something about the kind of leader we might have as president of the united states based on how he interacts with staff members, interacts or deals or reacts to scrutiny or crisis? you're seeing donald trump circlings wagons, not calling on people to moderate his stance,

apologize. how many party elders such as they are have you seen taking on the nominee of the party over comments he's made? there's no disagreement about the fact what he said is completely wrong about this judge, and yet telling, contradicting his own staff, undercutting his staff. again what does it tell us about the kind of chief executive he would be? this is a businessman whose business acumen is his calling card. what are we saying about how he run as huge organization? which is his campaign? >> speaking of all of the republicans, many of the republicans coming out, speaks out against him, there's a ground swell. there was marco rubio, michael reagan, ronald reagan's son, ben sass, of course, lindsey graham. let me read to you what he told the "new york times" yesterday. this is the most unperson thing from a republican since joe mccarthy. if anyone was looking for an off ramp this is probably it. there will come a time when the love of country will trump hillary. >> wow. >> after months, where donald

trump said he would ban people based on their religion with a muslim ban, where he went after the press, was go to constrain or change the first amendment, mocked someone handy capped, wooey is it this, wooey is it the judge, what he says about the judge that seems to have created this groundswell? >> it's an attack on the institution and a respected institution, and at a time and in a country where many of our institutions are not respected or not trusted. political parties. the media. the judiciary is pretty respected. he do a good job, you know? and this is deeply embedded in the american system. where, you know, they have lifetime tenure for a reason. they dress in black robes, they all look the same. they don't look like human's we really, we literally put them up above us when you go into a courtroom. done all we could for centuries making sure this is a respected, neutral effective institution and that by and harg has lapped. look at the history of this particular judge, he's right in

line with that honored tradition, and to attack the judiciary, a lot of people, as lindsey graham says, this is the off ramp. put ethnic bias on top of it, somebody from a state like south carolina, like georgia, some of where newt beginning ish's racial vitt treeation came from, they'd seen this where it can go, how bad it can be and all of these people putting up a hand, not so fast, mr. candidate, don't do that and of course, he's got a different concept of leadership. >> it's all of the mistakes you can make and the wrong judgments wrapped up in one and it starts with the fact that you can't underestimate how wrong he is. i was shocked at two things we heard yesterday. newt gingrich, who came out strong initially saying this was really wrong. he shouldn't have done t. yeah. >> great. then he says, if you look at the record he's completely right. go examine the record. find it all now online. newt is so smart. he couldn't be more wrong. the biggest decision in this

case, two things. one, he released the playbooks. so much of that information was out there already. no huge fight within this case. >> for trump university. >> right. the playbooks. call them the playbooks. the biggest ruling this judge was made, to continue this case. >> in favor of donald trump, exactly right. which is allowing this. you got 7,000 plaintiffs too came forward. right? tens of millions are dollars on the line. what about their lives? this judge balanced that, said i'm going to delay this. there's a campaign going on. this masters. that's the biggest ruling he's made. then the ethnic part of it, then the attack on the bench, then refusal to listen to other people. that's why i think this one is popping in a way when he just beats us up it doesn't seem to matter as much. >> maeve? >> yeah, and i think that what's so interesting is that we've heard the entire time, people like kelly ayotte, other down ballot candidates in these tight races just really trying to fig are how they're going to parse their position on donald trump, and in kelly ayat's case,

supporting but not endorsing him. this is why so many donors don't want their names on checks to donald trump. they don't see him as helping the party. when you think about all of the things that reince priebus and the rnc have done over the last couple of years in terms of outreach to minorities and now there is a chance to completely unravel that. there is a problem with a lot of candidates in tight races figuring out how to deal with this. he he got a pretty big smackdown on this. >> not an attack on the constitution. not an offhanded comment. this is an attack on the judiciary. there's no other side. nobody aing, so, this is good. >> o'rile aeilly in an intervie think the judge should step down not because of anything on the merits but the perception of his

future ruling. exactly why the judge needs to stay in place. >> right. based on a racist attitude, which is because you're of mexican ancestry, so african-american whose sit on the judiciary who deal with discrimination cases shouldn't be there? a woman can't deal with gender discrimination suits? it's -- it has no merit on its face. as a political matter, as a strategic point what is donald trump doing, done in the past couple of weeks, to build on the base of support from the primary? all he's done, would, to erode that. he's got to get into the game of addition, win more of the map, not take more of the map off the table in november. that leaves me quite puzzled, and, again, says something about how much of a gut player he is in this whole political process. >> errol, last night on "o'reilly" we should note donald trump did say, he changed his tune a little bit. he said i don't care if the judge is mexican or not. i'm going to do grapt with the mexican people because i'm going

to provide jobs, so i don't care about mexicans but we're being treated unfairly. does that matter? >> the facts push the man is not mexican. he's american. right? >> oh, yeah. >> it doesn't erase it. i suspect, though, that when the candidate thinks about this in retrospect, win or lose, whether he gets past this or not politically he's going to wish he could take this one back. a much bigger mess than it ever needed to be. >> and technically -- >> maeve, last word, quickly. >> tactically, another example of donald trump moving from one huge controversy to the next. what will it be next week that we'll be talking about? in some ways you have to wonder whether or not this is all somewhat, you know, intended on his part. so we're not talking about trump university anymore. we're now talking about the judge. next week we'll be talking about something else. it's part of the brilliance of his cycle.

>> a lot of people say it, but the truth is, trump university is a legal question. it could go either way. you got a fraud case, but it could go either way with the i.g. this stuff about the judge cannot go either way. i don't know how he helped himself. dealing with a different type of emergency. a real one in florida. tr tropical storm colin. neighborhoods under water. take a look at your screens. a live report, next.

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cincinnati zoo reopening with a new beefed up barrier, a day after prosecutors decided not to charge the mom whose son fell into that enclosure leading to that prized animal being killed. we are live in cincinnati with the very latest. good morning. >> reporter: alisyn, good morning to you. later this morning when we go into that exhibit we'll see two main things that are differ. first the fence. while zoo officials boosted that up to 42 inches high, 6 inches higher than it used to be, maybe more importantly what we'll see is that knotted netting underneath that fence. that's very important, because that's how that 3-year-old boy crawled underneath and got into the zoo exhibit in the first place. and as you said, alisyn, yesterday the hamilton county prosecutor joseph dieters says he will not file charges against the mother in this case. he basically just said this was just a tragic accident, and he also said if anyone is a parent and has a child of that age, you would know it's very possible

how this could have happened. he said his office interviewed four different people. they went to the zoo four different times and realized the mom turned away for just seconds, and that's how the boy ended up crawling into that exhibit and the family said now they're looking forward to putting this behind them. chris? >> the mom says it, welcomeses say it, common sense says it, but in situations like this that seems so wrong, people want blame and were looking at this mom. no surprise the prosecutor's office said no charges here. up next, the bloody fight to liberate fallujah. all eyes have to be on this situation. it is a metaphor for the situation in iraq. isis is now using human shields of the people who are trying to flee the city. we'll discuss what's going on, next on "new day." ealthy meals. yet up to 90% fall short in getting key nutrients from food alone. let's do more... ...add one a day men's 50+. complete with key nutrients we may need. plus it helps support healthy blood pressure

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the war against isis is active and taking on new phases in iraq. you have the iraqi government trying to force isis out of fallujah. the terror group is said to be shooting at fleeing civilians,

even killing some of their own fighters as the u.s. steps up its bombing campaign. let's discuss with cnn senior international correspondent fred pleitgen and cnn pentagon correspondent barbara starr. thanks to both of you for being with us on this. fred, you understand this situation right now, as does barbara, this report that they're either trying to stop people from leaving the city, shooting at people leaving the city, taking them as human shields, how much of that is real? >> reporter: well, kernel from the repor -- certainly from reports we're getting it is real. a lot of the civilians still inside fallujah and there are still tens of thousands still there, many were brought tos in the city center to act at human shields there, forced to act as human shield. those who refused the orders were immediately shot. other people apparently shot because isis believed they were

traitors, might have been giving information to the iraqi government and to others fighting with the iraqi government as well. it is an absolutely dire situation there. one thing to keep in mind this is a population, a civilian population, caught in the middle of this. that's already weak. they've already endured so much, no food, water, probably no medication whatsoever if sick and many are. certainly the reports most probably are just as bad as we're hearing. >> barbara, as we've learned in the past what is left an the conflict? even if you win and get them out is just as important add the primary battle. technically, what can be done to help these people stuck in between isis and the armies? >> what the u.s. is doing continue to bomb isis targets from the air to open up some of that space for iraqi forces on the ground to make their move right now to move beyond just what may be their control of the southern edge of the city, get

into the city, get isis out and start rebuilding. fallujah, very strategic, as you just pointed out, chris, on the battlefield. about 40 miles or so west of baghdad. this has been the isis stronghold from which they've been launching many of those attacks into baghdad. so both for the iraqis and the u.s., a very strategic goal to get fallujah back. for isis, it is a place they are desperate to hold on to, specifically because of that access to baghdad. >> also, fred, the air campaign. the strikes. i mean, that's a big part of the coalition involvement. certainly the u.s. involvement. you got a klossclose-up look at. how does it work? >> reporter: it's certainly working very, very well and very efficiently at this point in time. building on what barbara said. saying that the u.s. is stepping up its air campaigns trying to get isis out of fallujah, trying to bomb them out of there. at the same time the pilots we spoke 0 on the "uss harry

truman" right in the vicinity of here in the mediterranean sea they say they're very aware of the fact as this battle in fallujah moves more towards urban combat you have isis hiding among the population. they at the same time have to hit isis hard and try and stop civilian casualties from happening. what they're don doing, one hand, targeting procedure, minimizing civilian casualties and minimizing smaller munitions. 500-pound bombs as opposed to 1,000-pound bombs trying to keep the area limited to minimize civilian casualties and that becomes more and more difficult as the combat area gets smaller, as you move towards the city center, more isis fighters hiding among the civilian population. i point out what we saw on the "uss harry truman," there 24 hours, the crew very efficient, working 24 hours making sure those planes are in the sky all the time, chris. >> fred and barbara, be you know well from reporting and being on

the ground, first-person exposure, you can do a lot from abroad, but to finish the job, people have to be on the ground. especially when the civilians are in harm's way. thanks to both of you for reporting. we'll check back soon. alisyn? segue to sports. steph curry's won back-to-back mvps and may be on the second back-to-back title. one thing not on his resume. telling you about that in our "bleacher report" report, next.

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one game in history in the nfl has come back from that deficit in's finals. 1942 toronto maple leafs. listen to this. ♪ >> patrick -- >> metallica rocking the national anthem. more head banging. watch this. almost enter sand man for patric hornqvist. a shot straight to the helmet. could have knocked him out cold. right to the dome, using his head. sharks trying to rally late. the icing on the cake. get outta here, sharks. pittsburgh wins 3-1, they can close it out thursday in pittsburgh. to the nba, a unanimous mvp of the league steph curry announced he is not going to the olympic games in rio. he withdrew his name from consideration in a statement yesterday stating several

factors including recent ankle and knee injuries led him to the decision. after the season he wants to heal up, get that body ready for next season. alisyn, his warriors have a 2-0 series lead over the cavs. stomping a mud hole in them. game three tomorrow night. >> exciting. talk to you soon. donald trump defying gop leaders and telling campaign surrogates to continue the attack on the federal judge and the media, or at least not to apologize. we will weigh the risk and reward of that strategy with someone who knows all about running for president. that's next. came in. she's about to arrive. and with her, a flood of potential patients. a deluge of digital records. x-rays, mris. all on account...of penelope. but with the help of at&t, and a network that scales up and down on-demand, this hospital can be ready. giving them the agility to be flexible & reliable. because no one knows & like at&t.

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i think i'm going to do very well with hispanics, but we're building a wall. he's a mexican. we're bidding a wall between here and mexico. >> those were some of donald trump's comments about that judge over the weekend, and sources tell cnn tra trump's message to his surrogates on a phone call to continue the criticisms on the judge in that university case as well as the media. let's discuss. mr. forbes, great to have you on "new day" g. ." >> good to be with you. >> did you think the comments about the judge and his heritage standing in the way of good ruling, were those racist? >> what it did, play in the hands of the far left who make

race everything. yale, a university student said he shouldn't have to read shakespeare because he's a dead white man. that kind of thing has to be fought and the he fell into what the far left does. what he should have done and needs a communications team and get an organization in that campaign, which is not up to speed yet, have his lawyers make the case, if the judge contributed to hillary clinton or something like that, there are judicial ways to deal with someone if you don't think you have a fair judge. >> but forget the way the left spun it, on his words were racist? >> judged by appearance, not what he's done. what he should have led with, apparently gave contributions to democrats and hillary clinton, how can i get a good trial here? we need a new judge. that people would have understood. to lead with the fact, because trump wants to build a wall, therefore this judge in indiana. >> with mexican heritage. >> you can't build a wall around

indiana, as was pointed out. >> the judge is american. he was born in indiana. >> sure. >> so do you understand why those comments are seen as racist and why it's giving people pause? >> what it does, sound like what we have too much of today. judging people by your sex, your ethnicity, your race, instead of as martin luther king jr. said, judge us by the, our character. not by the color of our skin or any of these other external things. it was a blunder. back off. >> given that blunder, are you still comfortable supporting him for president? >> what it shows is, he's got to ramp up his game and he's got to focus on -- in this past two weeks should have been a disaster for hillary clinton between that terrible jobs report, that devastating report from the i.g. at the state department, and instead trump stepped on his own story. he should have pulled back, let her flounder out there and explain why after eight years the economy still sucks, and

instead of stepping on his own story. >> so i mean, a miscalculation, tra steegeic willy by him is what i hear you saying. >> miscalculation. the key thing is what does he do about it from here? is he going to get a real communications group, team, in his campaign? instead of reacting, instead of going ad hoc day to day, you need a strategy, you need to take a forward approach. go on offense instead of always acting on defense, and when you feel you're going to get a problem like the trump university, you figure out how you're going to deal with it. you don't respond off the cuff. >> if the election were held today, would you be comfortable voting for him? >> i said i'd back the nominee and the answer is i would support him. the key thing, it's not just one blunder. the key thing is what you do about it, one, and two is, getting your positive message out there. on taxes. on health care. very little discussion on the disaster unfolding in health care in this country. define your agenda and you'll

see what happens in the past two weeks when hillary clinton should have been on defense it was donald trump on defense. >> the attacks on the judge from donald trump do seem to have created a bit of a ground swell in the gop itself about people who say they can't a sport him. senators tim scott, ben sass, senator lindsey graham. some not fans to begin with but being more vocal. interestingly, michael reagan, son of president reagan, just said about this -- he tweeted, this most likely would be the first time if my father was alive that he would not support the nominee of the gop. those are strong words. >> well, this is where, again, i don't think donald trump is a racist. or a misogynist. look at his hiring practices. he brought in several women that can do construction projects, which was not 20, 30 years ago in that industry, but perceptions are key in politics. i don't think he's fully grasped that yet. if you don't think in advance

how you're going to deal with certain issues, like blundered over abortion several months ago nap should have been down pat several months before that. you can't be off the cuff and the this is where he's got to define himself. he's got the convention coming up, an opportunity to do it. what he did on that judge is a blunder. how he responded to it was a mistake. >> why do you think he's making so many blunders? >> because at the -- people don't fully realize, when you're running for president, especially when you look like you'll be a finalist or one of the top finalists, the pressure on everything you say is intense. >> are you saying more scrutiny is making him blunder or something within him. >> no. well, scrutiny, and the press is now focusing on him in a way they never did when you had 16 others running. you've got to realize what got you here is not going to get you to the general election successfully. you have to bring in an organization. show you can delegate.

you can't do everything on your own. it's true in business, it's true in a campaign. in fact, the candidate cannot run the campaign, really, hardly at all. you have to have a trusted team in, there otherwise you're going to get run into the ground, responding here, there, and not going on offense, not defining yourself. by the way, ronald reagan never made that mistake. he'd made statements you could use against him in the '50s and '60s and had some crazy supporters, but he knew how to put his agenda out there. so he defined his agenda. he defined himself. this is what donald trump has got to learn to do. he thinks everyone knows him. no. you have tens of millions of voters, here, there, don't like either candidate. you've got to define yourself in a positive way instead of always being on defense. >> steve forbes. great to have you on "new day," thank you. following a lot of news including hillary clinton clinching the democratic nomination. let's get right to it. we're going to have quite an election. aren't we? >> clinton makes history as she

crosses the delegate threshold. >> we are on the brink of an historic, unprecedented moment. >> i don't want to speculate who will end up having more pledged delegates. >> i know we've never done this before. we've never had a woman president. >> our focus right now is running and winning. >> i don't care if the judge is mexican or not. i'm going to do great with the mexican people. i don't care about mexican, but we're webeing treated very unfairly. >> disturbed the way he's referring to this judge. >> the reason had e was against this judge because of the judgments, not because of his nationali nationality. >> i don't like wasting my time talking about this lawsuit. i'm going to win this lawsuit. good morning, and welcome to your "new day." we begin with hillary clinton's historic moment. she is the first woman to become the presumptive nominee of a major party in our nation's 240-year history. >> at the moment. >> a big moment. >> clinton, clinching the

democratic nomination with 2,384 delegates. that includes super delegates. how is this happening? haven't had the big primaries tonight? because the super delegates have been contacted and they say they're going towards clinton and she picked up a couple more delegates from the puerto rico primary. that's what it is. they're saying no victory celebration in the clinton camp until super tuesday voting in six states today is concluded. it's got new jersey and california. president obama also said, may be an endorsement of clinton coming soon. >> and donald trump not backing down in the face of criticism from some of his biggest supporters over his attacks on that judge's mexican heritage. in fact, trump is stepping it up, telling some of his campaign surrogates not to appaologize a to continue attacks on the jump as well as the media. we have this race covered the way only cnn can. we begin with cnn's chris frates live in los angeles. good morning, chris. >> reporter: hey, good morning, alisyn. well, you're right. it's not how hillary clinton

wanted to make history, but last night before the primary season's final votes were even cast she became the first woman to become the presumptive presidential nominee of a major party. still neither clinton nor rival bernie sanders really acknowledged that moment. instead urge urging supporters to get to the polls today. >> according to the news we are on the brink of a historic, historic, unprecedented moment. >> reporter: overnight hillary clinton clinched enough delegates to become the presumptive democratic presidential nominee. >> we're going to fight hard for every single vote, especially right here in california! >> reporter: but she is not claiming that historic milestone just yet. instead focusing on getting her supporters to the polls in the final six states holding contests today. >> in case you haven't noticed, there are a lot of people here tonight!

>> reporter: clinton's rival bernie sanders insisting that the primary contests aren't over yet. his campaign releasing a statement, arguing that super delegates it change their minds before the july convention. saying, "it is wrong to count the votes of super delegates before they actually vote at the convention this summer." the senator not acknowledging clinton's triumph at a rally in san francisco but softens rhetoric when asked about the possibility of endorsing her. >> let's assess where we are after tomorrow, before we make statements based on speculation. >> reporter: clinton's hoping to bring democrats together quickly after this long and bruising primary season. >> i'm going to do everything i can to unify the democratic party, and i certainly am going to be reaching out to senator sanders and hope he will join me in that, because we've got to be unified going into the convention, and coming out of the convention. >> reporter: clinton is poised to get a major boost from president obama, who sources say could endorse her as early as tomorrow, and is imping to take on donald trump.

now, on sunday, president obama and sanders talked by phone, but sanders refused to publicly discuss what they talked about. and last night cnn asks clinton seven times about the news that she had won the delegates needed to clinic that nomination, but she declined to answer. both candidates still trying very hard to ensure their supporters don't think this race is over, and that they get to the polls today. alisyn? >> absolutely. it is important for voters turnout to still be high so there's no popping of the champagne yet. chris, thank you very much. so six states hold contests today, as you know, including california and new jersey, and cnn's jessica schneider is live in bloomfield, new jersey. how is turnout looking there, jessica? >> reporter: yes, alisyn. one hour into the voting, i'll tell you, voters slowly starting to trickle in. just to give you an idea of the layout. the media isn't alloweded in the actual polling area. we're kept outside. we're actually in the back of

the school. this will be the main entrance once school starts at 8:00 this morning. for now most voters going in through the front entrance. poll workers tell me they're expecting a high turnout. if it's an indication as to the interest left, 1.1 million new vetters registered in just the past six months. the campaigns, of course, hoping that that enthusiasm level is sustained despite the fact that hillary clinton was declared the presumptive democratic nominee last night. throughout the state, 5.5 million people are registered to vote. that's 600,000 more people registered than in the last big primary in 2008. so voters here expecting -- sorry, poll workers expecting a steady stream of voters throughout the day. the polls opened at 6:00 this morning. they will be open until 8:00. alisyn? >> all right. i'll take it, jessica. that's the contest to watch. while california is a big ticket, the race could be decided mathematically right there. let's discuss the imp mlication

of this race and what could lie ahead with senator jeff merkley from oregon. the only u.s. senator to endorse bernie sanders. senator, go to have you with us as always here on "new day." >> great to be with you, chris. >> what it's your guess what happened in that phone call between the president and senator sanders that made his tone change so obviously? >> well, i'm sure they were talking about the fact we have to unify to take on trump and that conversation is going to begin in great earnestness after the polling closes today. >> you know, we keep hearing, 2008.different than it was in it's different. sanders' movement is different. maybe, maybe not. when you look at the numbers, clinton was much closer to obama than sanders is to clinton right now. do you accept that notion? >> well, let's set super delegates aside. in that case, no. no think that's completely right. >> it was a closer contest then

than now. opically it isn't. seems bernie has the momentum, the energy and the crowds. the question becomes, what does he do with that? you're a supporter of his, a friend of his. he keeps saying that's on clinton. she has to get my people. that's not for me to do. but that's not really how this usually works. right? usually you want to court your own supporters and encourage their movement on to the nominee. no? >> really, it's a bridge by both sides. after today, we'll know who the majority of the pledged delegates are. those are the folk whose have legitimacy in the eyes of most of the democrats across the nation. super delegates shouldn't really exist. it's undemocratic to have them, why and i others have said they should be gotten rid of. if you have super delegates overturn the pledged delegates, there would be great consternation and d dissatisfacti dissatisfaction. that's why voting today is so important. the big idea bernie sanders is talking about, we just can't take microsteps and have to do a lot more to end college costs as a gauntlet, a millstone of debt

around our children's necks and we have to undertake a fast pivot off of fossil fuels, because of the damage done to our planet. we have to get cash out of politics and in a substantial way. these are big ideas that resonate so profoundly, and so when we talk about the party coming together, the party has to have a chance to come into the convention, address some of these ideas, vote on some of these ideas, vote on a minimum wage for example, vote on fracking. have a conversation about super delegates, so that people can feel like they've been respected and heard, and that these issues are resonating. >> understood. but, you know, your party. you don't like super delegates. change it. the rule is only as good as the last rule's committee meeting before the convention. not like this is a constitution we're dealing with and you have very little chance of winning if your party doesn't come together and soon. poll numbers make that very

obvious. does that urgency appeal to senator sanders? >> to come together people have to people respected and heard and the issues they care a lot are taken into account by the party. and so that is where both sides have to reach out to each other, and it is incredibly important, because donald trump, as we know, just for example with trump university, it was a scam to strip wealth from working americans, and now his campaign is really a scam on a national scale, where he says he's fighting for workers, but he's never worken up one day in his life and fought for an american worker. he had a chance to employ americans he shipped in workers from overseas. when he had a chance to educate people to help them improve their lives he operate add scam university. >> except, senator -- except, senator, let me stop you. i understand where you're going with this. we've heard a lot of it in the news lately, even from gop-er, but it doesn't mat whir you talk to voters. we don't know about this latest one. you could well argue what he

said about this judge and how he is attacking such a fundamental institution to the american society may change, but voters don't care when you talk about trump's negativity. they still support him. that's why it's so important for your party to come together it is absolutely important to be together and absolutely important for people to understand who this man is. he's running against the establishment. that's a very important theme, because we're dissatisfied. americans are dissatisfied with where we are. workers have been getting the short end of the stick for four decades, but when you really probe it he's not the man that's go going to lead up to help people improve their lives in america. he's never had an ounce of energy in that direction. >> but the numbers suggest otherwise. right? what do you account for that? when people look at donald trump they say he's not sanders the socialist, and he's not clinton who's been in there so long, has a lot of scandal over her head. he's different. >> well, they're going to find that when they really probe into the ways he's different, it's

going to be ways that are very dissatisfying for america. proposes a tax plan that's about giving billionaires like himself millions more we are year in tax breaks. there's just not a shred of accountability for really what will build up the success of families in our country, and families are the foundation of our nation's suggestions. >> well, senator merkley, this is a big moment for your party today. let's see what the outcome is and what your party does tomorrow. thanks for being with us on "new day" as always, senator. >> thank you so much, chris. so coming up in our next hour, hillary clinton's campaign manager, robby mook is going to join us live. what does he see about the campaign's decision to not talk up this historic moment? why? alisyn? okay, chris. donald trump is ordering his surrogates to continue attacking that judge in the trump university civil case, but some top republicans are not onboard with that plan. they condemn trump for claiming the judge's mexican-american

heritage somehow makes his biased. jim acosta, what's the latest? >> reporter: good morning, alisyn. the latest concerns are building inside the republican party about donald trump's comments about judge gonzalo curiel. the latest this morning, rnc chair reince priebus had a conversation with trump about those remarks, about judge curiel. this as trump held a conference call with his surrogates, staffers, supporters urging them to keep up the fight on the judge. >> i don't care if the judge is mexican or not i'm going to do great with the mexican people. >> reporter: donald trump is refusing to back down, or apologize for his attacks. >> i don't care about mexican, but we're being treated very unfairly. >> reporter: calling for judge gonzalo curiel to recuse himself from a civil fraud case involving trump university. >> when you have thousands of students saying that the place was great, it was a great school, they loved it, this should be dismissed on summary

judgment. >> reporter: his attacks on the judge -- >> i'm building a wall. >> reporter: causing an uprather and unifying the gop against his controversial rhetoric. >> that judge is an american and donald shouldn't keep saying that. it's wrong he keeps saying it and it's -- inappropriate, wrong, offensive. i hope he'll stop, but when i ran for president i told everyone that this is what would happen. >> reporter: on a conference call with staffers and surrogates, sources say trump told them to keep up criticism of judge curiel. >> when donald trump today on the call explained his side of the story it made complete sense. he said here are the facts of the case. and we need to continue to attack the bias going on out there. >> reporter: even trump's most prominent supporters blasting his attacks including newt gingrich, rumored to be on his vp short list. >> one of the worst mistakes trump has made. >> reporter: but the former house speaker dialed back last night. >> a thought he did a very good job of narrowing down his complaint, which i think, by the way, if you look at the record is totally legitimate. >> we're both big boys. he is doing a great job overall.

i deeply disagreed on one item. >> reporter: and ben carson walking back criticism blaming the media as trump frequently does. >> people assume on the basis of something that is said what a person believes when they could just ask him. >> reporter: but more gop criticism is coming in. senator tim scott from south carolina describing donald trump's comments on the judge as racially toxic. senator lindsey graham told the "new york times" now is the time to rescind endorsements of the real estate tie kuycoon and as newt gingrich's comments, talked to a donald trump supporter on the conference call who said you can now take gingrich off the vp list. chris? >> jim acosta, thank you very much for reporting. check back in a little bit. so florida, take a look at your screen here, just taking a pounding from tropical storm colin. made landfall this morning. this is a live look at tampa.

for more than 24 hours they've had rain. you've got swamped streets along the gulf coast. the flood threat, far from over. let's get the very latest from cnn meteorologist chad myers in the weather center. what's the deal? >> we have a train over tampa. not a physical choo choo train but a train of rain. one storm on top of the other, just like trains on a train track. so the areas are seeing more showers, another storm, after one is already gone. zoom into that area and show you what's going on there. the storm fizzled out. still says 50 mile-per-hour winds but way out in the atlantic. unless you're on a cruise ship you won't feel it. what you're feeling in tampa are showers that continue to pour onshore from the gulf of mexico and raining in the same spots. already had six inches of rain in tampa already and those streets now are flooded, and the rain continues for at least the next two to three hours. it will eventually drop down towards saint john's, past

pinellas county and towards santa maria. other than that, seeing rainfall still. look at bradfordville in florida. picked up ten inches of rainfall just from the storm below. there it goes, around and around she goes, where it stops in the north atlantic. by this afternoon this thing is long gone pand a distant memories. >> worked a lot of various nursery rhymes into this weather forecast. thank you very much, chad. an update on this, what's going on in baltimore. the baltimore police officer facing the most serious charges in the death of freddie gray has chosen a bench trial over a jury trial. meaning a judge will decide whether veteran cop goodson is guilty of murder. he was the one transporting freddie gray when he suffered a spinal injury that killed him. that very same judge acquitted an officer a few weeks ago. and giving a former stanford

student a light sentence after conviction in a rape case. none an online petition demanding the judge be ousted from the bench after sentencing brock turner to six months in jail. raping an intoxicated unconscious woman behind a dumpster. the judge feared it would have a severe impact on turner, whose father is also under fire for saying his son shouldn't suffer extensively for "20 minutes of action." meantime, the victim receiving plenty of support after giving a powerful impact statement in court. it read in part, "your damage was concrete stripped of titles, degrees, enrollment. my damage was internal, unseen. i carry it with me. you took away my worth, my privacy, my energy, my time, my safety, my intimacy, my confidence, my own voice." >> almost every sentence of that victim impact statement was powerful. i mean, you just read a few

there that's powerful. it went on for something like more than a half hour. first of all, those victim impact statements, thank goodness they get to make them. that can be cathartic for some, but this one in particular has been going viral. so many people are talking about it. our own ashleigh banfield read the thing in its entirety on her show yesterday. that is getting a lot of people talking. we'll have a friend of the victim on this morning to talk about how the victim is doing, given all this. meanwhile, donald trump warring with his own party over a judge's mexican heritage. will republicans continue to stand by him? we will speak to a republican who had pledged to support the nominee. how does he feel this morning?

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donald trump reportedly overruling his staff and ordering his surrogates to continue attacks against the judge in the trump university case. criticism of that stance is growing even within the gop. listen to his former rival >> when i ran for president i

told everyone that this is what would happen. that we would be continually faced with this very difficult choice as we are. many of us have been, between hillary clinton and donald. this is not where i wanted us to be, it's where the voters have chosen and i respect that, but i can -- it isn't going stop from opining from time to time when he says something that goes too far and this is one of those instances. >> bring in congressman jason chafe is, republican from utah, chairman of the house oversight and government reform committee. great to have you here, congressman. sounds like the person you supported, marco rubio, a respectful but regretful, i told you so? >> well, mr. trump happen to answer for this, and i think that the comments he made at the way he made them were wrong. i just do. >> do you think they were racist? >> i think they were very misinformed. he referred to him as a mexican? he's from america. he's from indiana, an american.

i've never had someone say you're from lithuania and poland -- i would say, no. i'm an american. i don't know what it gets him, i don't understand why he repeats it and i don't think he should. >> beyond being wrong, on the fact that this judge is american. if he were from mexico and became a citizen does that mean he couldn't rule in any case involving mexico? that's what people are zeroing in on. isn't it racist to say you can't do your job based on your heritage? >> you can disagree on the politics of his background. you may disagree on the rulings that you're getting, but to suggest that heritage will disqualify you or inhibit your ability to make a fair ruling? i don't agree with that. a host of people don't agree about it, and i think it's incumbent upon republicans when they disagree no matter when part of the party and which aisle they're saying it from call it out as wrong and in this

case mr. trump was wrong and i think he should walk it back. >> he's not walking it back. >> yes. >> there was a call reportedly, our sources on this call with surrogates in which he said, continue the attacks, do not apologize. continue, full steam ahead. given that, are you still comfortable supporting him to be president? >> oh? e, absolutely. because in the contrast with hillary clinton who i believe is not trustworthy or qualified to be president in that context, i come from the a.b.c. of politics, anybody been clinton. i don't believe her, i don't think she's honest and has the integrity to be president of the united states. i really do feel that. >> more than a handful of republicans who publicly criticized donald trump over these comments. let me put a few up on the screen to see. senator tim scott, ben carson, mitch mcconnell, paul ryan, joseph cotter, newt gingrich, reportedly on his short list for

vp. senator lindsey graham went further and said this to the "new york times," the most un-american thing this joe mckarnlg pip looking for an off ramp this is probably is. they'll come a time when the love of country will trump clinton. >> i don't agree on 100% of what they say or how they say it, but i totally respect senator graham and the others, and i think we're saying essentially the same thing. what he said is wrong and to disqualify or say somebody is disqualified based on heritage is ridiculous and i disagree in this comments. >> it's also some pundits say, a peculiar campaign strategy. why do this? why go after the judge? yahoo! found an interview from donald trump's attorney a month ago where donald trump's own

attorney was talking in a very reasonable way about the judge in this case, his qualifications. let me play this for you. >> -- charges against him have no merit, and he will testify and he will tell the truth, and the jury will decide the case. >> you said you have no plans to asked judge to recuse himself? can you talk about that? >> you know, the judge is doing his job, and -- and, no. we're not seeking to recuse the judge. we're trying to assert our rights and i think the court today did a -- a job of trying to balance out competing interests. >> okay. the court's doing a good job. we have no plans to ask the judge to recuse himself. that's donald trump's attorney. why do you think donald trump is doing this? >> i can't answer that question but i think what a presidential candidate could have done, mr. trump could have done, said it's in the court.

i'm leaving this to my attorneys and within ten seconds off on a topic we probably all would more like to talk about. that could easily pivot. i don't know how and why he's taking so long to answer this question when he can simply say i leave in the hands of the attorney and we go from there. >> speaker paul ryan holds his first press conference today. we suspect this will come up's what would he say? >> a fair bet that's going to come up. i'm sure the speak letter get it right. paul ryan is very dept at this. >> is he in a pickle now that he se he would support donald trump and now this has happened how he can thread that needle? >> you'll find it on both sides of the dial. whether hillary clinton or donald trump. from time to time they're going to say something people aren't going to agree with. it doesn't mean you're going to disqualify everything else. i don't expect to agree with mr. trump 100% of the time, but compared to hillary clinton i think a much better president.

>> congressman, thank you for being here on "new day." over to chris. instead of acting more presidential, the issue is that donald trump is seemingly going the opposite direction. he has made some interesting choices since becoming the presumptive nominee. up next, we're going to break down these moments that could hurt him in november.

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♪ "dinner!" "may i be excused?" get the new xfinity tv app and for the first time ever stream live tv, watch on demand, and download your dvr shows anywhere. it has been five weeks since donald trump became the presumptive republican nominee and the controversies just keep on coming. lashing out at the press. ah, so what. lashing out at a judge? well, that's something different. then the tax returns, also he's been making it clear that his behavior as a candidate is going to stay just the way it is. the question is -- will it matter to voters? let's discuss. cnn political analyst david

gregory joins us to look at's recent missteps. big brother, look at some of these moments. now, we just had a little news flash telling me about. reince priebus. tell me about that while i get the wall going here. >> the head of the republican party has had a conversation according to a gop source with donald trump about his attack on judge cr judge. now the rnc is talking to him about it. >> this is what started it. >> this is a judge who is a hater of donald trump. a hater. he's a hater. his name is -- gonzalo curiel. the judge who happens to be, we believe, mexican, which is great. i think that's fine. >> but it isn't great. he doesn't think it's fine. he think it's the reason the judge is biased against him in the case. here's the problem. sorry, newt. one, is that -- that was newt gingrich saying what they're all

saying, the gop, this is a mistake. this is a good judge. the kind trump says he wants during his vetting i don't make law. arnold schwarzenegger just took over forprentiapprentice," glad i nominated him. what did trump's lawyer just say? >> amazing. talk about judge curiel. he's an american citizen, grew up in indiana, prosecuted drug gangs who targeted him for assassination. he's a tough guy.petrocelli, on leading attorneys in america, a good judge, doing his job. they have not filed any motionc. his own lawyers have not sought to remove the judge. completely disingenuous. what are we learning about

donald trump in this process? does he listen to people he brings on? he said for surrogates to ignore advice to stop these attacks. he's doubling down. he's not listening to his own lawyer who says the judge is doing a good job. john mccain said recently, there's checks and balances if president trump wants to attack the judiciary. top lawyers saying the judge is doing a good job and not recusing him. what does that tell us about trump? >> a couple other big moments, what happened with veterans and with his taxes. goes to transparency and disclosure. remember, he skipped the debate in january, raise money instead. said he raised $6 million, sent checks out but we couldn't get the information. how much money, who did it go to? wound up in a press conference he basically blamed us for making something out of nothing. your take? >> it's very good that donald trump gives a lot of money and did in this case and it helps veterans, but it wasn't clear when he gave the money. he made a pronouncement --

sdrchlts it matter? >> well, if may to some about whether he was really making good on his pledge and being transparent about what he did and his response to the criticism are the probing. reporters ask question. try to find out the truth of the matter and he started calling them personal names and the rest. again, said something of his temperament, i think. >> the polls have not reflected the criticism that help often gets from the media and from his own party, by the way. this judge situation may be different. okay? he's going after an institution. it seems constitutional and on its basis of insult and going after someone's heritage, wherein the guy isn't mexican. he's american. his heritage is mexican, but no there, there. so far, maybe this is different. even with the taxes. can we hear her? >> when you run for president especially become the nominee that is expected. my husband and i released 33 years of tax returns. we got 8 years on our website right now.

so you've got to ask yourself, wooey doesn't he want to release them? yeah. well, we're going to find out. >> or not. because it's up to him whether he releases them. the dynamic, who's worse? right? trump has kept introducing what makes hillary clinton bad from a character perspective. then the taxes thing comes up. he doesn't want to show them. being audited, maybe because he's a strong christian he gets audited so much he said after the debates. >> hillary clinton has her own disclosure issues around the e-mails, all that -- >> her situation. >> a huge problem for her. see how much it is down the road. for him, why isn't he releasing taxes? is he worth as much money as he says he is? what are his financial situations around the world? that's why to be transparent is to release taxes. why isn't he doing it? what does he have to hide? something we don't know here? >> when you see these things you

said of the same two questions, will the voters care and you believe that that answer is not just about taxes, not just about veterans or even this judge, but about how he responds to them and how he deals with problems and criticism. tell me. >> what are we learning about the kind of president donald trump would be? how he responds to scrutiny, to criticism. how -- whether he will listen to advisors he has around him. again in a case of the judge we know he's apparently not listening to his own lawyer. we also know he's not listening to whether advisors telling him to knock it off. there's a political thing, too. which is, as a calculation is he wasting time? is he squandering an opportunity to further consolidate the party when he's been getting endorsements and all the rest and train his opposition against hillary clinton? seems he's on his way to having another really bad week. missed opportunities. >> what we just heard from steve forbes, too. the i.g. report, what's going on with the economy? an opportunity for trump to dig

into what matters to the american people and take the case to clinton. instead, back on his heels. david gregory, as always, thank you for makes us better. appreciate it. alisyn? for a minute last week the never trump camp had a third-party candidate they said could win. now that man, david french, says no thank you. what happened? david french is here and we'll ask him, next. i mean whose to say it's pronounced nu-triton, anyway? my mixes contain delicious nuts, specially blended for your optimal nut-rition. that's right, i just changed a word in the english dictionary, forever. planters. nutrition starts with nut. what are you doingetting faster. huh? detecting threats faster,

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the never trump movement is still holding out hope that an independent candidate will come forward to challenge trump, but one top choice is saying, no

thank you. david french is a conservative writer for "the national view," and david french joins us now here in studio. great to have you. >> thanks for having me. >> an interesting past few days. >> you could say that. it has been. >> when did you decide officially not to run. >> over the weekend i decided not to run. i did an eight-day post-graduate course in an independent run for the presidency and i learned two things. there's a path. 65% of americans are looking for a third choice. >> yeah? >> up to 90% of millennials are open to considering somebody else. >> sounds good. sounds like two good reasons to run. >> sound like fantastic reasons. i realize in this moment i'm not the right person to do it. you need somebody with an existing constituency. this moment is too important right now, especially as we're seeing donald trump melting down over a judge born in indiana who's issued minor procedural rulings against him and he can't

even hand that? so he resorts to race-based attacks. it's astonishing. >> you're making the case to run. given that, isn't that a good impetus and motivation? why not do it? >> time is short. if you want on the ballots, a challenge that can be overcome, you have to have a pretty large amount of money right out of the gates. not $250 million, like some say, but about 10% of that and able -- got to be able to hit the ground sprinting in respect is a window right now for somebody with a constituency to step forward and do the right thing for the country. are you going to leave the country to this choice. >> who is that person? >> i think a number of people could fill that role and ideal person, a number of governors on the gop side who have not bent the knee to donald trump who have 70% approval ratings, proven they can appeal across the aisle and get things done and can run and be the adult in the room. >> aren't you describe describe

kasich? >> in theory, yes. john kasich had an audition for the american people and the american people -- >> 16 people did. who do you think is still out there that is this sort of mythical candidate? >> you know, we are making direct appeals right now to some, to high caliber people and i don't want to turn their lives upside-down the way mine was last week to think about this in quiet and private. >> are you talking to mitt romney? >> i'm on record, ten days ago or two weeks ago i wrote a piece saying, mitt romney, run for president. i think he would don an outstanding job. >> is he open to it? >> he took a very hard look at it and decided this wasn't the right time for him. >> you say your life was turned upside-down. i want to read something just published in "the national review" your magazine about this. not what happened with your wife. reached french's wife in tennessee told him, according to

french, he was instructed to call and deliver a message the race would be very difficult for me. it was a pretty big assault that put pressure on david this not happen. a source familiar with the communications. was your wife threatened? >> i won't say threatened. a ham-handed attempt at intimidation. that somebody called, said this is -- i've been instructed by the trump team to call and say this is going to be very difficult. >> who was it on the trump team? >> i don't know the answer to that question. you know it is not something that made the decision for me. i've been against trump for a long time. my family has a lot of -- he has an online group of racist supporters that follow him and they've taken particular aim at me because i have a multiracial family. i knew from the get-go that going out publicly even more publicly against trump would lead to backlash and we were prepared for that, but i just knew i wasn't the right person. i had a chance, if i did this, and it didn't get traction, it didn't get legs what would happen is americans would think

the movement against him was smaller than it is. when it actually is, it's large. it's vibrant and there is a path. >> so -- so this so-called trump operative didn't send a chill through your family enough to sway you? >> not a chill enough. it was to see that happen, it's disgusting, but i'll be honest with you. i expected something like that. after all that i have seen, you know, i wouldn't have put my name forward if one phone call could dissuade me. >> as we sit here, right now, on this morning, do you think that there will be someone who comes forward for this third-party effort? >> the hon effort answer is, i don't know. i'm very hopeful. very hopeful, because the opportunity is there, and if there is any weekend and beginning of week to illustrate that, it's this one. where he goes after a judge born in indiana, who hid from the drug cartels, that's a heroic is act. defending the american people from drug cartels, and yet he's disqualified because his parents

emigrated from mexico? i don't know how you say and argue that that's not actually racist. >> david french, great to talk to you. franchts for your candor here on "new day" this morning. >> thanks for having me. appreciate it. >> best of luck in the future. we want to know your take. tweet us or post your comment on facebook. do you think there will be a candidate who will come forward? chris? on the other side of the ball, hillary clinton now the presumptive democratic nominee. is it time for bernie sanders to throw in the towel in the name of party unity? we'll talk to former presidential candidate bill richardson. what does he think? ahead.

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breaking overnight, a moment in our collective history. hillary clinton has become the first woman from a major party to clinch a presidential nomination in the united states. clinton hit the key delegate number ahead of the final six states voting today, including new mexico, that's where the latino vote is always key for both parties. let's bring in former new mexico governor bill richardson. he has endorsed hillary clinton and the former ambassador to the united nations. good to have you on the show as always. let me put up a tweet from

hillary clinton about her reaction to being the nominee. we're flattered, ap, because they made the calls to the super delegates, who said they would be for her and that's what put her over the required numbers. but we've got primaries to win. why under play this moment in history? what is the strategy here, governor? >> well, i think the strategy is you don't want to take this vote today for granted. it's six states. millions of voters are out. i would think with new mexico, which looks good, new jersey looks good, she will clinch the nomination. she is ahead by 3 million votes. 287 pledged delegates. she needs maybe 23 more. it looks very good. but you don't want to be disrespectful to sander electorate that has had a very good run, talked about a lot of issues. so i think the time has come to unite the party, but i think it's key not to send a am he is

sage to -- send a message to sanders with the run he has taken, which has been a very serious and significant run. >> something happened with the phone call with the president. did you see the difference with the senator before and after the call. what do you think the call was like? >> well, i don't know. i mean, i'm not an insider, but i think -- >> you are an insider, governor. don't -- you are an insider. if anybody knows, you would know. that's why i'm asking. >> well, i think bernie has three choices. he can be a party leader in the senate, in the nation. he can be a statesman and unite behind hillary clinton, or he can be a spoiler. i think he will choose the first two options, because he he is a realistic politician. he has run for mayor, senate, president. very credible. he has a major role to play in the future of the party. and the country. and i suspect president obama,

and i don't know about the phone call, probably made those points. and it could be over in terms of the delegates and the nomination tonight. but i think what is important, chris, is you know, when you run for office, you don't want to get ahead of your supporters. i don't think there should be immediate pressure on bernie sanders to say you know, i'm going to be for hillary clinton tomorrow. you know, give him a few days. give him time to talk to his supporters. >> right. >> his supporters have to vent. he has to vent. so let's just be calm about it. but it is an historic moment. the first woman candidate for president from a major party. we should sell brat that. >> absolutely. it means something to the collective history no, question. it is also the anniversary of when hillary got out in 2008. the electorate calendar was a little different there. supporters keep reminding me, the numbers were closer then,

cuomo, we wound up separated by 69 delegates and like, you know, not even a couple of hundred thousand votes. hillary has a much bigger lead than obama did when she decided to drop out. the message is there. we'll see where your party goes after today. the big day with new jersey and california to end the race. let me ask you something else. what donald trump is caught up with right now going after the heritage of the judge, saying he should be removed, his own lawyer disa kbregreeing with hip leaders disagreeing with him. do you think it looks bad with the voters? this may be the worst in some ways, but do you think it will matter? >> well, look, i've been wrong about donald trump. he didn't think he would get this far. but look, you don't win votes by insulting people, by insulting heritages, by insulting veterans and muslims. the idea behind winning an election is to get votes. it is for people to support you.

when you insult them and degrade them, when half of your party leaders taking shots at you, that is not a way to unite the party. i think this shows donald trump's amateurism. everyone is perhaps thinking he is a genius for doing this, but remember, he has a very small segment of the republican party that is wildly for him. he is not expanding his base by making these statements. so i don't see the logic. i don't see the politics. i think he is imploding. >> and yet, he is knotted up with clinton in the race and we're examining everything closely. governor, always a pleasure to have you on "new day." please come again soon, sir. >> thank you, chris. all right, there is a lot of news to tell you about. we have some breaking details on the election right now.

the polls are open in six states. let's get to it. we are on the brink of an historic moment. hillary clinton crosses the delegate threshold. >> if the turnout is high, we will win. >> we're going to fight hard. we still have work to do. >> let's assess where we are after tomorrow. we'll ma mexican heritage, i'm building a wall. i don't care if the judge is mexican or not. give me a fair shake. >> we're both big boys. i disagreed on one item. >> i told everyone this is what would happen. >> stanford student sentenced to six months. >> the message he sent is you are on your own. >> if most rapists are getting ten years, a stanford rapist should get ten years, too. this is "new day," with chris cuomo and alisyn camerota.

good morning, welcome to "new day." it is june 7th, 8:00 in the east. already, a moment where you needed your peb. >> i wanted to make sure i was on the right side don't get too close to alisyn line. i might have violated it. >> you'll know. up first, hillary clinton makes history today, becoming the first woman to be the presumptive nominee of a major party in our nation's 240 year history. clinton now has 2,384 pledged and super delegates. but she is not celebrating yet. six states voting today, this, as president obama reportedly ready to endorse clinton. we'll speak with her campaign manager in just a moment. on the other side of the ball, donald trump facing mounting pressure to walk back his attack on a federal judge's mexican heritage and on the judiciary. instead, trump is stepping up his criticisms, and telling his surrogates to do the same. no apology. ref it up against the judge and the media.

we have the 2016 race the way only cnn can. let's bring with chris frates life in los angeles. zrchlts good morning, cuomo. it is not ho hillary clinton wanted to make history last night before the primary season's final votes were even cast when she gabecame the firs woman presumptive nominee of a major party. still, neither clinton nor bernie sanders really acknowledged the moment. instead, urging supporters to get to the polls today. >> according to the news, we are in the brink of an historic, historic unprecedented moment. >> overnight, hillary clinton clinched enough delegates to become the presumptive presidential nominee. >> we're going to fight hard for every single vote, especially right here in california. >> but she is not claiming that historic milestone just yet. instead, focusing on getting her supporters to the polls in the

final six states holding contests today. >> in case you haven't noticed, there are a lot of people here tonight. thank you. >> clinton's rival, insisting it is not over yet. campaign releasing a statement, arguing super delegates can change their mind before the july convention, saying, quote, it is wrong to count the votes of super delegates before they actually vote at the convention this summer. the senator, not acknowledging clinton's triumph at a rally, but softening when asked about the possibility of endorsing her. >> let's assess where we are after tomorrow, before we make statements based on speculation. >> clinton is hoping to bring democrats together quickly after this long and bruising primary season. >> i'm going to do everything i can to unify the democratic party and i certainly many going to be reaching out to senator sanders and hope he will join me in that. because we've got to be unified going into the convention, and

coming out of the convention. >> clinton is poised to get a major boost from president obama, who sources say could endorse her as early as tomorrow. and is itching to take on donald trump. >> now, hillary clinton got a big endorsement today, when house democratic leader, nancy pelosi announced she voted for hillary clinton here in california, and that she is endorsing her in this primary. now, on sunday, sanders and the president talked by phone, but sanders declined to discuss what he talked about with the president. but both candidates really down-playing the endorsements, down-playing the fact that clinton is the presumptive nominee. they want to make sure they come out to vote and they don't think it is over yet. they come to the polls today, chris. >> well, chris, we've got the big shiny california and new jersey, both up for grab today, and that's why everybody is staying on their game. so turnout will be a big deal.

we have jessica snyder live in bloom field, new jersey. the polls open. what are we seeing? >> reporter: well, chris, i just talked to three women leaving the polls. they tell me it does not matter that they're set. they deemed it necessary to get out here today and cast their ballots. it is a similar sentiment i'm hearing from the poll workers. they say they are expecting a very high voter turnout if it is any indication as to the interest level out here, 1.1 million new voters have registered in the past six months. so of course, the campaigns are hoping the enthusiasm level remains high. we're just outside a school, the polling place out here. we're just outside newark, new jersey. 5.5 million registered statewide, the polls opened at 6:00 this morning. they'll be open until 8:00 p.m., and the poll workers tell me they're ready and somewhat seen

a steady stream of voters. >> jessica, thanks so much for all of that from the polling place. we want to bring in now hillary clinton's campaign manager, robby mook to talk about so much happening today. hi, robby. >> hello. >> so last night, hillary clinton mathematically clinched the nomination. why aren't you guys popping the champagne? >> well there are six states that vote today. millions of voter whose are going to cast their votes, and we wanted to stay focused on earning as much support as possible. earning as many delegate as possible. and tonight is the night where i believe hillary clinton will get the majority of the pledged delegates. issue he'll increase the lead in the popular vote. she is at over 3 million votes in that lead. we want to expand that as much as possible. so we want to stay focused. this is a great milestone. we're on the verge of making history. and we're going to celebrate that tonight. >> you say you're on the verge of making history. you have made history. within the past basically 12 or so hours in the first 240 years

of this country, she has become the first woman of a major party to get the nomination. doesn't that require some acknowledgment this morning? i know you guys are being mum. >> we're going to celebrate tonight, like i said, a lot of people want to make sure turn out tonight. we don't want to send a message that anybody's vote doesn't count. hillary said at the beginning of this campaign, she'll fight for every single vote, that's what we're going to do. we have a few hours left and then celebrate what you said is a very historic occasion. we're really excited about that. >> is part of it that to celebrate that california is very close and bernie sanders might win california so you don't want to get ahead of yourself? >> all these races are competitive. you know, we're never exactly sure what's going to happen. that's why we're sending a clear message to our supporters and our volunteers, stay at this. if you haven't voted yet in california, vote. if you haven't returned your ballot, return it. to all of our volunteers, keep working hard. >> bernie sanders agrees with you that we're jumping the gun

basically in the media. so here is what he has said. it is unfortunate the media in a rush to judgment are ignoring the democratic clear statement that it is wrong to count the vote bfs they actually he vote at the convention this summer. bernie sanders is basically saying there it doesn't matter what happens today. we're going to the convention, and it is not over until it's over in the super delegates vote. do you agree with that timeline? >> well, i think we're going to have a nominee tomorrow. as i said, i'm very confident that hillary will have the majority of pledged delegates tonight, expand her lead in the popular vote. i think what would be wrong to ignore right now is the incredible organization that senator sanders and his supporters have built and how important that organization and that movement is to defeating donald trump this fall. we're going to have a nominee tomorrow. it will be time for the party to start to come together. and make sure that we rally behind our nominee. >> bernie sanders says you won't

have a nomination until the convention. he has said that all along. so what happens. let's play hypothetical. if he wins california and the polling is close, what if he says that hillary clinton is not the nominee and it won't happen until the convention? >> i don't want to fixate on hypotheticals. we are going to a nominee tomorrow and it is important that the party comes together. senator sanders and his campaign have achieved incredible things. they've brought so many people into the process, brought in new donors, the amount of money he has raised online, these people will be so important to winning the general election. >> what will be their role? what will bernie sanders' role if she is the nominee tonight or tomorrow? >> i think sanders has done an incredible job raising important issues, income equality, health care, doing something about college debt. his voice is an important part of this movement. not only to elect progressive

leader into the white horuse, bt to stop donald trump. if there is one thing, bernie sanders and hillary clinton and all progressive as degree on, it is the threat that donald trump to our economy, security, and i know that he is going to be an important spokesperson in that movement. >> bernie sanders' tone seemed to shift yesterday, and between what he said in the morning about this is going all the way to the convention, and then what he said in the early evening, and there was a phone call with president obama in between those two speeches. is president obama pressuring bernie sanders to get on board and unify the party behind hillary clinton? >> i have no idea about what senator sanders and president obama might be discussing, and i'll leave that to them. but as i said, i feel very confident that president obama, senator sanders and secretary clinton will come together behind the nominee, to make sure that a democratic wins the white house in the fall. >> has secretary clinton spoken to senator sanders? >> you know, they've spoken a lot over the course of this

campaign. >> lately, about what's next. >> i'll leave their private conversations to themselves. i am confident we're going to come together. the danger that donald trump presents to our country is so immense that we are all going to come together, rally around and make sure we win the election in the fall. >> one of the things that bernie sanders has been very good at is inspiring his followers with a message of excitement. you see his rallies, he talks about that. hillary clinton has been lately talking about how bad donald trump is. what will be her message to excite people after tomorrow? >> well, as you said, knock on wood, we're looking forward to celebrating tonight, the first woman in our country's history to be nominated by a major party. that's pretty exciting. that's a big part of why i'm on this campaign. but also, i think not only do we talk about the danger that donald trump presents, but the incredible opportunities we have as a country, we can provide health care for everybody, make sure families can afford college

again. these are exciting things. we face as crossroad as as i country. are we going to move forward or backwards? i think we have a tremendous opportunity to move forward. >> nancy pelosi just endorsed hillary clinton this morning, and she also sort of dropped a hint as to who she would like to see as her vice-president. let me play that for you. >> we have had two men for hundreds of years. i think two women, whoever they may be, that would be fabulous. >> is it possible there will be a two-woman ticket? >> well, first of all, nancy pelosi knows all about this first woman speaker in our history, so it's great to have her supporting secretary clinton. there is plenty of time to worry about vice-presidents down the road. >> robby mook, great to talk to you. let's get back to chris. no apologies from donald trump. in fact, he had a conference

call with surrogates and staffers saying don't a apologize. keep criticizing that federal judge overseeing lawsuits against trump university. not related to the fraud case that the attorney general in new york is doing, but he is getting a lot of blow back. lining up to you criticize their presumptive nominee, when they have refused or done it quietly up until now. why the change? jim acosta live at trump tower, jim. >> reporter: good morning, chris. it is donald trump who is being judged this morning and concerns growing inside the republican party, i'm told by a gop source that rnc chair reince priebus has had a conversation with trump about his remarks about the judge. but as you said, donald trump held the conference call, urging the staffers and surrogates to keep up the fight against the judge. >> i don't care if the judge is mexican or not. i'm going to do great with the mexican peel. >> donald trump is refusing to

back down. or apologize for his attacks. >> i don't care about mexican. we're being treated very unfairly. >> reporter: calling for the judge to recuse himself from a civil fraud case involving trump university. >> when you have thousands of students saying that the place was great, it was a great school, they loved it, this should be dismissed on summary judgment. >> his attacks on the judge. >> i'm building a wall. he is a am ex can. >> -- he is a mexican. >> that judge is an american and donald shouldn't keep saying that. it is wrong. it's inappropriate, wrong offensive. i hope he stops. when i ran for president, i told everyone this is what would happen. >> on a conference call, sources say trump told them to keep up criticism of the judge. >> he explained his side of the story, it made complete sense. he said here are the facts of the case. we need to continue to attack the bias that is going on out there. >> even trump's most prominent supporters are blasting his

attacks, including newt gingrich, rumored to be on his vp short list. >> this is one of the worst mistakes he has made. >> but he dialed back his criticism last night. >> i thought he did a very good job of narrowing down his complaint, which i think by the way, if you look at the record as totally legitimate. we're both big boys. he is doing a great job overall. >> all right. >> i deeply disagreed on one item. >> former rival, ben carson, also walked back his criticism, blaming the media, as trump frequently does. >> people assume on the basis of something that is said what a person believes when they could just ask him. >> now, there is big time disappoints inside the trump campaign, even though walked back and dialed back some of the criticism last night. i talked to one of the trump supporters on that conference call, said you could take the former house speaker off of donald trump's vice-presidential's short list, but in the meantime, senator

lindsey graham, republican from south carolina, who ran against donald trump during the campaign, he is now calling on his fellow republicans who have endorsed donald trump to rescind those endorsements, but so far this morning, no takers. >> jim, thanks so much for all of that background. a little more than an hour from now, all eyes on paul ryan. the house speaker is set to talk about the gop's agenda, but many wonder how he'll address the elephant in the room. manu raju is live for us. >> reporter: good morning. this is an effort that paul ryan started before there was a donald trump as the party's nominee. in fact, when he became speaker last fall, one of the things he wanted to do was to create an election year agenda to show what the republicans stand for and create a sharp contrast with the democrats. now, later this morning, paul ryan will begin that effort to roll out pieces of the election year a sdwragenda, and one of t things he is trying to do is layout a number of initiatives

of how he would a address the issue of poverty, including reforming welfare, food stamps, dealing with at risk youth programs, consolidating federal aid programs, multiple businesses to provide 401(k)s, but the real question, is even if he is pushing that jen da, how does that align or not align with donald trump. this is an issue that the two men have discussed for weeks. but donald trump has signalled that he may not accept all of this, and of course, paul ryan and donald trump are divided on some key issues. that's going to be a big question going forward, and of course, we know paul ryan is not entirely comfortable with donald trump as the nominee, chris. >> he may well be less so as you're hearing from your sources as well. what will the voters make of this current situation. manu, thank you very much. we'll be back to you in a little bit. trump's campaign staff says to back off attacks on the judge. you know what trump says. shut up. he is saying double down. go at the judge. go at the media.

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donald trump, not backing off his criticism of a judge over his mexican heritage, over his statements of the judge being bias. despite what some say is no proof of that in the case. on a conference call with surrogates, trump rallied

supporters to keep going at the judge, and the media. now, many republicans, even trump supporters, are trying to find a way to defend the rhetoric, but it ain't easy this time. let's bring in cnn political commentator, and white house director, jeffrey lord. a trump supporter. he was on the conference call. he wrote a piece about this situation this morning. we also have cnn political commentator and republican strategist, ana navaro. jeffrey, i start with you. we will overcome trump said. i've always won. i'm going to continue to win. and that's the way it is. what are you going to overcome? how are you going to win? you started this. you made the statements. you made them without basis when we examine the record. how is this anyone else's fault? >> well, first of all, chris, he is standing up -- i mean, i am

god smacked that the republican establishment has gone off and identified itself with identity politics, which i've said in my piece in the "american spectator", the child of segregation, there is no place as president kennedy liked to say, race has no place in american, life or law. donald trump is taking these people at their word. they have for years tried to inject race into the law. if you recall justice sotomyer said she was a wise latino, and everybody on the liberal side thought it was terrific. this is wrong. donald trump is simply picking up their, you know, their banter here and saying if this is what you believe, the judge will act in this fashion, he should be off the case. that's exactly race. >> ana, do you believe donald trump has made any good offer of what the judge did in this case

that would prove the bias? >> of course he hasn't. the place for him to do it, if he was going to do it, in a court of law. can definitely file to ask that the judge recuse himself. he is not. what he is trying to do is bully this judge, using the public pulpit. the way he said it, when you watch that jake tapper interview, go watch it if you haven't it, the way he says you're mexican, you treat a dog that way. you wouldn't even treat a domesticated pet the way donald trump talked about that judge. look at arnold swaappointed in 2007. that judge was confirmed yby th u.s. senate. by the way, jeffrey, if you don't think a white latina can make a better judgment than white men, you haven't met enough of us girls. >> there you go, there you go, ana, right there. that's exactly --

>> absolutely. listen, we are proud of our heritage. the same way you are proud of yours, the same way that chris cuomo, mario cuomo were proud of theirs. are you telling me anthe could make a good judgment because he stood with italian-american organizations. >> ana, ana. >> because he stood with catholic organizations. we are a fabric in america. we are a melting pot. >> all right, ana, let him respond. >> neither you nor donald trump are direct dedents of pocahontas, and not part of our society in america. they are and it is what makes america great again. donald trump wants to make america hate again. >> ana, open dialogue is what we're about. jeffrey, please respond. >> ana, if justice scalia were

on the white association, race has no place. this is the problem. you have illustrated -- >> white attorney association. jeffrey, he was italian-american. >> he was white, ana. he was white. >> from italy. incredibly proud of his heart stage. spoke about it continuously. >> that is disgraceful. ana, this is exactly the problem. the republican party elites have this racism from the democratic party which has been pushing this from 200 odd years, racial quotas to illegal immigration because of skin color. >> jeffrey, you made that point. and i read your piece. people should do it, as well. jeffrey lord has a whole piece about this. you can read it. here is the problem. you're talking about the theoretical. this is about the practical. actual case, actual judge, actual record that trump says he is pointing to, but doesn't seem to exist. that's not me saying it.

that's trump's own attorney. listen to counselor in what he said about this. >> i believe the charges against him have no merit, and he will testify. he will tell the truth, and the jury will decide the case. >> you said you have no plans to ask the judge to recuse himself? can you talk about that? >> you know, the judge is doing his job, and you know, we're not seeking to recuse the judge. we're trying to assert our rights, and i think the court today did a good job of trying to balance out competing interests. >> he just said there are no grounds to move to recuse this judge. the only decision that has been worthy of scrutiny is not the disclosure of those playbooks which are all over the place and

not zealously argued, but continuing this case, what a favor this judge did to donald trump, continuing the case and not having those lawyers all over the airwaves right now. where do you see the bias? >> the bias is in the group that the judge belonged to, which is all about -- it is not about lawyers in san diego, it is about latino lawyers in san diego. that's where the bias is. the california supreme court put -- handed out a decision a year ago that said that judges in california couldn't belong to the boy scouts because it discriminated against gays. you've got a group here that is all about discriminating against non-latino lawyers. >> you know that's not what the group is about. you know that's not -- you know that's not what this group is about. you're talking about a scholarship that you believe this judge is connected to that went to someone that was an undocumented im grant. you're saying that's proof that he is bias against donald trump.

how do you connect the dots there. >> because he is taking a stand on illegal immigration. he gave a scholarship to someone who broke american law to be a lawyer. donald trump has a very well -- >> but you heard from your own lawyer. >> my god, to give -- >> you don't think there are any grounds to recuse. the big question becomes this for the people against this, let's be honest, a longer list than we expected. do you think this is going to matter? do you think this is not just baked in with the voters about who donald trump is and frankly, as many may like this as dislike him? >> i think it is going to matter, because look, for a lot of us, we thought maybe he was, you know, acting a part during the primaries, maybe he was saying all these, you know, spewing all this venom, but come the general, he was going to

become a bigger man, talk policy. he was going to be inclusive. he was going to be a different person. make that shift that he is often made between a primary and general. i'm glad he has doubled down because he is showing us that donald trump, the detestable donald trump we saw in the primary is the same donald trump we are going to see for the next five months. the last four weeks since he has been in the primary winner, we've sign him with the debacle, the racist remarks, tax returns he is not going to release. this is the same donald trump, and i think it has been a wake up call for so many republican leaders who thought maybe if we stay silent, maybe if we look the other way, for the good of the party, we can't criticize our nominee, but i think now there has been a wake up call where republicans realize that if they don't speak up, if they don't wake up, if they don't make it known and clear that donald trump does not represent all of us, and represent republican values, then that's

where the party is at danger of dying. >> jeffrey, you're shaking your head. >> the party as ana is describing it abandoning abraham lincoln, no room for it. >> for you to compare donald trump abraham lincoln is just too much for me on an empty stomach in the morning, jeffrey. >> part of the republican party and want to -- >> yes, i'm tell you what. i've been a republican a hell a lot longer than donald trump has been. i've been a republican since i was eight years old. the first day i became a u.s. citizen. donny come lately is not going to give me lessons on republican values. he is definitely no abraham lincoln. >> all i could tell you is the republican establishment has now sided with identity politics. all of those folks that you mentioned, speaker ryan, senator mcconnell, marco rubio, what in the world are they thinking?

there is no place for this in the republican party, period. >> all right, it will be very helpful to this discussion as we move forward to see proof of what say the danger of this is bias in this case, jeffrey, but you lay it out in a piece today. ana, as always, thank you for making your opinions known. >> thank you, ana. >> alisyn. they do that very well, both of them. voters in california head to the polls today, so we'll speak with long time senator barbara boxer and her complex relationship with the clintons. i do notice that sometimes i eat better than her. i get my healthy bowl of beneful, and she eats a cheese stick and a cracker. that's what she ate last night. cheese stick and a cracker. can you believe what some people put in their bodies? (vo) beneful originals is a healthy blend... ...your dog will love. with whole grains, real beef and accents of vegetables. beneful. healthy with a side of happy.

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time for the five things to know. hillary clinton makes history. earned enough delegates to become the presumptive democratic nominee. voters going to the polls today, including the big ones, new jersey and california. donald trump taking heat from members of his own party, after sources say he ordered surrogates continue criticizing the judge who is overseeing lawsuits. florida, taking a direct hit from tropical storm colin, a state of emergency in effect, power lines down. that storm is moving northeast.

a los angeles jury wants the serial killer known as the grim sleeper put to death. he was convicted last month of murdering ten women. a judge has the final say on sentencing in august. pittsburgh penguins one win away from the stanley cup. three games to one in the series. pittsburgh can take the cup at home in game three, thursday night. for more on anything i just said and the five things, go to new daycnn.com for the latest. standing more at the office may help you crank out more work. in today's "new day" new you, standing desks apparently aren't only good for your health, but good for productivity too. a texas a&m monitored several people over a six month period. researchers found the productivity using standing desks, increased steadily over

time. as opposed to the workers who were seated. employees who stood longer felt better about themselves. prompting a better work attitude. when i was standing, i did five things. you just did one thing, sitting. >> did you feel better about yourself? >> i did. >> is that even possible? >> well, with hillary clinton ready to shatter a glass ceiling, we hear from another trail blazer, barbara boxer opens up about her state and her unique relationship with the clintons.

hillary clinton just became the first woman in american history to secure the presumptive presidential nomination of a plainly major p party. joining us now, spanning more than four decades, detailed in her memoire, "the art of tough." welcome barbara boxer. i would tease you and say the title of your book is a trump takeoff. he did the art of the deal. you do the art of tough. the message is very different than the one being articulate bid trump right now in his election. want to talk about that. what are you seeing in politics right now that you don't like, and what's the fix?

>> clearly, what makes america great is the fact that we are diverse, that we work together as a team. and what we see happening is a candidate on the republican side who turns one against the other, and says he wants to make america great. that's going to bring america down. economically, socially in the eyes of the world. >> he has developed a big base within his own party, some would suggest even outside with independent voters, because he rejects the system. that he tells it like it is, even when it is somewhat offensive to people. do you believe that donald trump can make it all the way to the white house on the simple premise that he rejects the system and that voters who don't like how you and how d.c. and how the system works have an alternative in him? >> i just don't see it. i don't think he tells it like it is. i think he tells it like he sees the word. which is that there is only a

few people, you know, that should have the benefits of america. and that is not the way america has been made great. and it is just not going to work. i just don't see it. but enough about him. >> enough about him. let's talk about hillary clinton. because you know, look, many democrats feel the same way as you do in terms of perspective, yet he is up in the polls. and hillary clinton has her own challenges. bernie sanders has exposed what seems to be a magic gap with hillary clinton, that people resonate off of his message and feel that magic, that reason to believe that is so important in politics. how does hillary clinton change her game, capture people's imaginations and make the case? >> well, i love the question. i mean, bernie is relatively new to the national scene, although he has been elected life for 40 years. hillary has been out there for a long time. and i think her authenticity,

people always say she is not authentic, her authenticity is not a backslapper. she is not someone who is big at big rallies. what is she really good at? she is really good at fighting for our families. she is really good at getting up again and again, talk about the art of tough. she knows what it is. you know what you're trying to do. you know people are going to try to in dtimidate you. it is so exciting to learn that we have in fact captured the nomination, although i haste ennen to add, people need to get out and vote. hillary is leading by 3 million votes. we want to add to that number. >> you know, one of the chapters in your book, could it have been titled too tough when it comes to hillary clinton, you know what it's like on the wrong side of what the clintons want

politically. you talk about it in the book, you talk about it outside the book. what has your experience exposed about how the clintons play? >> i don't view it as a game. i have a complex relationship, which is now absolutely fabulous. because we had a marriage that ended in divorce, and it was hurtful for everybody. that's just normal. i also stayed neutral in the race between barack obama and hillary, because i loved her like a sister, i loved him like a son, honestly and i stayed out. and you know, bill clinton didn't take kindly to that. my husband didn't take kindly to all the people over the years who may have walked way from me. so even though we've had this complexity of the relationship, i want to say this clearly. there were two reasons i got to the senate. one was the courage of anita hill, who called attention to the fact that there were only two women out of 100 in the senate. with her courage, and secondly, the clinton/gore campaign, which

in california, was extraordinary, and i was able to ride that wind, and it worked. so i mean, we're in a very good place right now. i'm working my heart out for her. >> final point. something being ignored right now is the historic nature of this moment. i get why in terms of the campaign dynamics, but you know, what it matters a little more than just another issue in the campaign. started out as barely 2%, now you have about 20% of elected participation rate. you're one of those pioneers. what does it mean to you as the presumptivenami is a woman? >> my heart is beating faster today. this has been a very tough fight and battle. we didn't get the vote, women didn't, until 1920. the men had a very big head start on us, particularly white men, as you know. so it has taken us a long time to prove to the people. all we're saying is we're equal.

we're not saying we're better. it takes a certain type of toughness to keep getting back up when people say you're not authentic, you're shrill, you are aggressive, where a man is assertive. it has been a battle. but i think she is going to be the next president. i think it is going to be tremendous for our country. it is a tremendous signal to little girls, to little boys, to see you know, when we have all these problems with rape and all kinds of issues to understand that women deserve that respect. >> well said. i'm not saying you have had, you are having a great run, senator boxer. thanks for being with us on "new day," "the art of tough" is the book. good luck going forward. okay, chris, now to a story getting so much attention. growing outrage over the lenient sentence stanford swimmer convicted of sexual assault.

coming up, a friend of the victim speaks out about the judge, the sentence, and the victim's powerful statement in court.

outrage is growing over the lenient sentence for a former stanford university swimmer in the sexual assault of an unconscious woman after a party. brock turner's six month sentence sparring efforts to have the judge removed from the bench and the impact statement

rallying people into her corner. how the unconscious victim found out what happened to her. she says one day, i was at work scrolling through the in us on my phone and i came across an article. in it, i read and learned for the first time about how i was found unconscious, with my hair dishevel he willed, long necklace wrapped around my neck, dress pulled off over my shoulders. this is how i learned what happened to me sitting at my desk, reading the news at work. i learned what happened to me the same time everyone else in the world learned what happened to me. joining us now is professor michelle landis dauber, and a friend of the victim. thank you for being with us. >> thank you for having me. >> your friend's impact statement has basically turned the internet on its head so many people are forwarding it to their friends, are talking about it, our colleague, ashleigh banfield read the entirety of it

on her show. that started a tremendous conversation online. the one place where it seems her impact did not have the intended impact was in the courtroom. where the judge gave the suspect six months in prison, as opposed to 14 years that he could have received. as a law professor, how do you explain that? >> well, i know that the victim is terribly disappointed with that, because she did in fact write the sentence, hoping that the judge would take into account the severity of the crime. i do not agree with the way the judge applied the law in this case. i don't agree with the decision he came to. and that's why we're working on a recall campaign against him at this point. >> you were in the courtroom when your friend, the victim, made that statement. can you tell us what that was like? for a statement to be so long and so powerful and graphic, what was the response in the

courtroom? >> well, a lot of people were crying. it was very emotional. but we were trying to be supportive of her and i think that, you know, people were hopeful that judge persky would be persuaded. one of the most important factors he is supposed to consider is the severity of the impact of the crime on the victim when deciding how to make a proportional sentence. but he, you know, apparently didn't find it persuasive. >> the convict's father, this former swimmer at stanford university, he also made appeals to the judge. i want to read those to you. this is the dad of the young man convicted of sexual assault. he said that is a steep price to pay for 20 minutes of action out of his 20 plus years of life. there was another portion of the

statement that brock turner's father made. i was always excited to buy him a big rib eye steak to grill or get his favorite snack. now he barely consumes any food and just exrists. his life will never be the one he dreamed about and worked so hard to achieve. do you think those statements swayed the judge? >> i do. and i think that the defense attorney had also collected a number of statements from friends and former coaches and people like that who commented on his good character supposedly, and you know, my reaction to the foreather's statement was incentive asensit didn't take into account the severe impact on this crime. comparing the impact of being sexually assaulted to the not

liking your favorite snacks any more really trivialized the sexual assault that were terribly unfortunate. >> so now you are part of the charge that wants to have this judge removed. there have been 200,000 people who have signed the petition to recall the superior court judge, aaron persky. we have asked the judge to comment, and he says he cannot because em embroiled in this recall effort. what do you think will happen? >> well, there are a number of people from silicon valley, including myself, who feel that his decision miss applied the law, and also was not consistent with community values regarding sexual assault. quite frankly, this decision has made all women at stanford and colleges across the county less safe, because it failed to take into account the deterrent impact of the sentence. when you have a crime like this and you conclude that because there was alcohol involved or

because the perpetrator had a history of achievement, that we will treat it less severely than the legislature has, the judge deafated from that, then what you're saying is essentially that describes every campus rape, unfortunately, particularly at stanford, all of these young men are very high achieving, and by granting that exception, you're saying basically to women on college campuses you're on your own. we find that unacceptable. we're going to gather the necessary signatures. we've a website, recall aaron persky.com, if your viewers are interested in getting updates, they can go there. >> thank you for coming on with that side of the story. we obviously will continue to follow that case. well, "newsroom" picks up

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