i'm christine romans. >> i'm dave brigs. "new day" starts right now. harvey weinsteinen stands accused of rape and assault. >> he excused himself. and when he came back, he was just in a robe, buck naked. >> it definitely feels like our culture is starting to take this more seriously. >> the obamas and the clintons embraced him. i think it is is a dark mark on their record. he made a joke. nothing more than that. >> i laughed when he said it. >> we need the president to act like a president instead of undercutting his own secretary of state. >> trying to get out of here. saw it bouncing across the road. >> it is is zero percent contained. >> this is "new day" with chris cuomo and alyson camerota. >> welcome to our viewers in the

united states and around the world. this is "new day", wednesday, october 11th, 6:00 here in new york. up first, disgraced movie mogul, some of the hoe high profile actresses coming forward with accounts of how weinstein harassed them. gwyneth paltrow said this way of treating women ends now. >> three women accused weinstein of rape. his wife is leaving hip as he heads to re. was it really known that the mogul was victimizing women in this way? why did it take the clintons days to respond. and whether weinstein could face criminal charges. let's begin with brynn. she has the latest with the

latest. brynn? as you said, the list continues to grow. allegations strikingly similar among the women. more women are trying to separate themselves from weinstein. his name has been dropped from project runway and the board of the film company may change its name as early as this week. the board of the weinstein company insisting tuesday that they had no knowledge of the explosive allegations against co-founder harvey weinstein, calling the claims, "an utter surprise." this despite widespread rumors that weinstein's alleged abuse was the worst kept secret in hollywood. comedian seth mcfar hand roasted him in 2013. >> you five ladies no longer have to pretend to be attracted to hafrb whe harvey weinstein. >> hollywood actresses have come

forward with acts ranging from harassment to rape. paltrow was petrified. ashley judd said two decades ago weinstein had her sent to his hotel room and greeted her in a bathrobe, asking if she could watch him shower. angelina jolie saying he had unwanted advances towards her. >> he was in the bathroom, came out in a robe asking me to give him a massage. i said, no, i don't feel comfortable. he said everybody does it. he said at least if you won't give me a massage, then can i see your breasts. >> he told me he would give me a three picture deal, he could get

my movie made. you know, i don't doubt that he could, but he said, you know, you have to watch me. but you have to stay and watch me masturbate. >> "the new yorker" publishing disturbing audio with model amber gutierrez. >> on everything. i'm a famous guy. >> you're making me very uncomfortable right now. >> one minute. and if you want to leave. >> why yesterday you touch my breast stpwh breast. >> oh, please, i'm sorry, i'm just used to that. >> while the recording is horrifying to listen to, what emerged from the audio was in sufficient to prove a crime under new york law. in a statement tuesday, any allegations of noncon senn sal sex are unequivocally denied of

weinstein. he is a long time supporter of hillary clinton and a major donor to the democratic party, raising $1 million since the '90s. after days of silence, clinton condemned him saying the behavior described by women coming forward cannot be tolerated. the obamas also denouncing weinstein saying any man who demeans and degrades women in such fashion needs to be condemned and held accountable regardless of wealth or status. and his wife announced she's leaving her husband. the woucouple have two children together. a spokesman said he's headed to prison. >> great to have both of you here in studio. this was an open secret, right, in hollywood? you are out there. you cover this. what was it like about harvey

weinstein? >> i don't know how much an open secret it was back in the day. i was talking earlier and i said after ashley judd did the "vanity fair" article, i think the talks started getting louder saying did she talk about harvey weinstein, i think she's talking about harvey weinstein. that's when you started hearing about this as general talk this much, this layer, it is is blowing me away and i've been covering hollywood a long time. >> when you see gwyneth paltrow, angelina jolie willing to publicly speak about it, the flood gates have opened. >> and i think it's very important. we should all be very glad they the did. like we saw over at fox news, once gretchen carlson said this happened to me, it let the door open for a lot of other women to say this happened to me, this happened to me. and i don't know how many women are going to come forward.

we might see what we saw in the range of bill cosby, around 50 women or more. who knows what this man was doing. >> it doesn't matter whether it's paltrow or jolie, there is almost no incentive for them to come out. you don't get believed. you get belittled. and he may end up victimizing you later on. did the people who took the money on the political side know? there is a political aspect to this story. that is really important. it is is important to know on the criminal side in terms of when should he have been investigated? whether it was a whisper or whether it was known, there is going to be an accountability

situation here. >> the version that barack obama knew was not the version that knew was preying on these young women. i saw him about a month ago at a fancy party. he's not acting like a creep. he is not acting like someone with this criminal kind of behavior. he's acting like one of the guys. one of the guys that runs a big movie company. if you take that and then you take the guy we hear on this tape, this disgusting tape sounding like a predator, that's a different side of him. i don't think there's any rope to believe hillary clinton or barack obama would have seen that disturbing side of him. there are different versions of him. >> in hollywood it was well-known that he was mean, that he could be a real -- >> volatile. prone to anger. >> absolutely. in that respect there were two sides of him that people did know this harvey and this harvey. this harvey. >> i think people knew he was a creep but not that there could

be criminal behavior going on for decades. that is the shock. >> it is so similar to ropbger ail ailes. he can be charming, charismatic and bully and mean and intimidating. that whole power dynamic where young, ambitious women, he's offering something to him. it's the same m.o. >> isn't that audio tape, doesn't it chill you to the bone and hearing that poor girl's voice and how shaken she sounded. >> and i'm struck by how she stood her ground. >> she seemed to be checking some boxes. what do we know about the tape?

she was trying to check different boxes. >> she was wired. >> she was just trying to prove what was there. let's listen to more of the tape. >> please, i don't want to do something i don't want to do. >> come here. listen to me. >> i want to go downstairs. >> you will never see me approximate again after this that's it. if you embarrass me in this hotel. >> i'm not embarrassing you. i don't feel comfortable. >> please. i am not going to do anything. i swear on my children. please come in. on everything. i'm a famous guy. >> i'm very uncomfortable right now. >> please come in now, in one minute. when the guy comes -- >> why yesterday you touch my breasts? >> please. i'm sorry. i'm just kind of used to that. >> you're used to that? >> there's so much there. him groveling. >> they're in the hall way, which is helpful to me. hearing that explains the desperation in his voice. he's not sounding this

predatoral but he's afraid he's about to get busted. he wanted to get her if a secret location, a room, where then people wouldn't know what was going on. >> women described him as chasing women around. he blocked the exit so she couldn't leave in the basement of an empty restaurant. >> and that was in 2007. this tape was in 2015. and the d.a. said it wasn't enough the prosecute. the world changes really slowly until all of a sudden it changes quickly. bill o'reilly came out six months ago. roger ailes 15 months ago. and now the behavior of harvey weinstein. it is is incredible to me how quickly this country is changing. our mind sets are changing. and how quickly, after years, decades of women having to suffer in silence, people feel

they can now speak out. >> but is harvey weinstein change something that's one of the things i'm wondering. he is going to seek treatment at a live-in facility overseas. but i thought it was interesting the e-mail that we saw from him yesterday. at the end of it he says maybe i can get a second chance. >> second chance. >> he's had more than a few second chances. >> i'm like, is that what you're really thinking about? >> some of the women now say they came forward because his apologies or explanations were so lame. >> what key have said? >> i have done terrible things and i will disappear for a while. >> there is something very perverse going on here. whether he is able to communicate what he does that's wrong is an open question. also, there could be some legal

exposure for him. there are questions for the d.a. here in new york city as to why he didn't prosecute. these are not easy cases. i know that is frustrating for people. they should be easy. they're not under the law in many instances. but we need more explanation. >> guys, thank you very much. we will be having this conversation all morning. ahead on "new day", we will talk to two of the women who were harassed and accosted by harvey weinstein. >> lots of democrats, hillary clinton and barack obama, took donations from harvey weinstein directly or indirectly. they're finally speaking out. but it took days. and that's the question. why did it take so long? we discuss next. (blows whistle). technical foul. wrong sport. wrong network. see you need unlimited on verizon it's america's largest most reliable 4g lte network. it won't let you down in places like this. even in the strike zone. (laughs). it's the red zone. pretty sure it is the strike zone. here use mine. alright. see you on the court champ. heads up!

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five days it took for hillary clinton and former president obama to denounce harvey weinstein. the question is why? were they waiting for more information? was this somehow about politics? no question that he filled a lot of pockets in politics both directly and indirectly. we have john avalon of real clear politics, a.b. ststoddard. was five days longer than we would have expected? >> five days is a delay. it is a degree of situational educate euthic

ethics. they would have filed on a republican. money talks. weinstein raised more than a million dollar and was tight personally with the clintons and with the obamas. but that is behavior that is indefensib indefensible they should have come out earlier. it really calls into question the relationships of this nature that these politicians get cozy with big money folks and producers and there's a shadyside to what they do. and you've got to apply the same standards aggressively. >> let me read the statements of what the clintons put out. what hillary clinton put out as well as the obamas. first here's hillary clinton's. i was shocked and appalled by the revelations about harvey wine. the behavior described by women cannot be be tolerated. their support is critical in help to go stop this kind of

behavior. michelle and i have is disgusted by the recent reports about harvey weinstein. they we should celebrate the courage of women month have come forward to tell these stories. we empower our girls and teaching our boys decency and respect so we can make the behavior less prevalent in the future. what are your thoughts? >> i agree with john. it doesn't matter if this was shocking to the obamas or clintons or if they had actually heard rumors for years about weinstein being creepy. i have reputations of people in my business at this moment that i don't think under are investigation. it is very possible that this stuff got around to the people who are receiving very generous donations from mr. weinstein. you don't wait five days even if they were caught totally

unaware. certainly their friends were burning up the phone lines. it looks terrible they waited as long as they did. and i think that this does what the obamas said in their statement about a culture which vice president biden was talking a lot about with regard to the question of campus sexual assault. there are a lot of issues that need to be debated. not only how in a corporate culture this kind of thing is covered up. people around the person become complacent in helping their reputation. women need to be able to speak up and be able to be heard. men don't think they can do this kind of thing, particularly if they throw around a bunch on of political donations. the fact that this becomes where people are nervous to make harvey weinstein mad because he

has given so much money. they have to be ready for an answer to this. >> we see every day double standards. but an honest and dependable politician will stand up. the parallelism to the extent it exists between weinstein and ailes is power structures who protect people who are widely rumored to engage in incredibly creepy, ugly behavior. it is difficult to nail down because of things like paying people off and silencing. they have horrific abuses for a long time. >> it is a no-brainer. when you hear something of this magnitude where people are

telling these pro tefgrotesque . it is a no-brainer. >> i get the calculation. first, you want to make sure it's true. you don't want to go out against a friend if it's not going to be real. you don't want to put your head out too far because people are going to hit it. >> in out of court documents, it is is hard to report, especially if people are afraid to come forward. people are paid off for their silence. that is another layer to what has been enforced, whether or not it's a shareholder issue in the case of ailes, where is that money coming from. it's difficult to report. >> yeah. the only difference this year is we're talking about something where the law is not enough. so the culture matters just as much. what you ignore you empower. if this were a contract dispute,

i understand why you wait the five days. this is something that deserves the energy. let's talk about something else that deserves energy, a.b. let's put up the quote about the president from secretary of state tillerson and the aftermath of all the moron talk. i think it's fake news, but if he did that, i guess we'll have is to compare iq tests. and i can tell you who is going to win. sanders went on a shame campaign that none of us can take a joke. this was just meant as humor. jim acosta has a source here at cnn that said it wasn't a joke. what does it mean for the future of tillerson. we don't care if the president was joking or not. we care about the government around him. >> we go back to rex is wasting his time. there is only one way to deal with this. the secretary of state and the world now knows he doesn't speak for the president or this

administration stall and that the president will overturn what he is saying publicly at any time. he said the president is not placing a premium on diplomacy. sort of laughing off the diplomatic solution at this point on twitter. and so the fact that he puts him down all the time and undercuts him with the iq thing is another matter. it really speaks to whether or not he has a job gym that he can do. and i think at this point his sevening in this position really looks futile. he's done all he can. a lot of people want him to stay in the job. i wonder how he can continue to do the job consider his bosses rendered him powerless on the international stage. >> a.b., i thought the president said yesterday he doesn't undercut people. >> not at all. >> as bob corker pointed out, cabinet officials trying to contain the president from his

worst impulses. so you have this access of adults. you have tillerson, mattis, mcmaster. >> i'm writing that down. >> you're welcome. the constitutional system isn't designed to contain a president who has impulse contain. when you see a tweet like the iq test, it reads like an outtake from a satirical novel. joke north, you have the president asking for an iq test in public with his secretary of state. that's insane. >> you heard from the republican yesterday, a player. no question about it. >> yeah. >> and when asked about this state of play, he defaulted to the position you're laying out right now. we have good guys there. we have kelly, mattis, tillerson. they are good guys. i trust them.

is that what they're banking on right now? somehow this axis of adults can hem in the most powerful man in the world? >> that is the best card to playwright now if you're a republican on capitol hill. >> thank you very much for the conversation. more evacuations ordered in california. deadly wildfires wiping out entire neighborhoods in northern california. a live report from the front line next. ♪ can i kick it? ♪ yes you can ♪ can i kick it? ♪ yes you can ♪ can i kick it? ♪ yes you can ♪ well i'm gone ♪ can i kick it? ♪ to all the people who can quest like a tribe does... ♪ so we know how to cover almost almoanything.hing even a swing set standoff.

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one that keeps you connected to what matters most. breaking news right now. the death toll is up to 17 and more evacuations ordered as more than a dozen wildfires engulf entire neighborhoods in california's wine country. what is the situation, ryan? >> reporter: alyson, just a scary situation. when you look at the immense damage it is breathtaking.

entire neighborhoods are gone. you see a car left in what should be the next. the next direction is the neighbor's home, that chimney. but you look for something. it is is hard to make anything here besides baby that sewing machine in the distance over there. this is repeated all over the place. 17 people have been killed so far. 20,000 people have evacuated. one of the most disturbing things, though, is 183 people are still missing. they're not assuming they are all dead. a lot of cell phone towers are damaged. they are still trying to reach out to all those people. this fire was moving very quickly. at one point it was 60-mile-per-hour winds. this fire was moving so fast it was hard for people to escape

it. at this point they're hoping the weather holds the day it is now. the winds have been pretty down played. it could start with more bad weather headed this way. >> be safe, my friend. dashcam video looks like that cop was driving through hell. >> we have a new round of military drills. two u.s. bombers with two korean fighter jets carrying out air-to-ground missile drills. they took off from guam. japan's air force also participated. south korean leaders call it extended deterrence against north korea. the u.s. navy firing the two top officers of the "uss john s. mccain" for their role in the deadly role in the oil tanker.

they exhibited poor judgment and leadership and the accident, which left 10 american sailors dead was preventable. a salt lake city police detective has been fired for aggressively handcuffing a nurse. you will remember this story. it went viral because it was captured on video by a police body camera. internal affairs reported that detective jeff payne exercised poor judgment and did not treat nurse wubbels with courtesy and dignity. well, several high-profile actresses joining the growing list of women who claimed harvey weinstein sexually harassed or assaulted them. could he face charges next.

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disgraced film producer harvey weinstein face a growing list of women who say he sexual assaulted them or harassed him. let's discuss the legal eupl

indicati implication witness stand jeffrey toobin and mel robbins. the ckopcontext of whether he c is informed by the fact that the manhattan d.a. looked at this, cy vance. nothing happened. what's your take? >> well, that was one of the women who was discussed in the piece. but there is another woman at the very beginning of the piece who talks about being sexual assaulted by weinstein. i don't know why he hasn't been investigated for that. for allowing a serial rapist to r on oam the streets of new york for decades. >> three women who accuse him of sexual assault or rape. mel, when you look at the decision not to prosecute, what are you looking for in a

harassment prosecution? >> well, you know, one of the -- for harassment prosecution or misdemeanor sexual misconduct charge, the statement by the d.a. is they didn't have proper intent. and if you look at the language, what they have to prove beyond a reasonable doubt, chris, is the fact that when he tkpwrogroped was to harass, degrade or for sexual gratification. as disgusting as it is, it's not clear that you could prove that intent even though he admitted that he did it. so you have a case that is tprarpbg fra frankly a misdemeanor. it will boil down to what he said versus what she said. without admission or state of mind why he did it, no way they can prove it beyond a reasonable doubt. >> i think mel is right about the narrow facts of that case.

this was so widely known there were jokes about it. >> seth mcftpafarlane. >> the broader responsibility, where was mere max, his brother, the enablers, disney which owned mere max for a time. everybody here -- frankly, where were the obamas and the clintons who seemed oblivious to what was well-known enough to have jokes at the oscars. i think a lot of people intentionally turned a blind eye to this. and that to me is incredibly disturbing. >> mel, what's your take on that, the idea that you had people even within the company who must have known if it was going on this brazenly and didn't say anything? >> well, of course they knew. there were eight settlements,

chris. this is where we need to speak openly. companies like fox, like uber, like this particular company where they know what's going on because there are settlements, chris. it's not even innuendo at this point. they're paying people off. there is a culture of complicity. we have been talking about the potential for criminal charges. look, we're at the very beginning of this story. if there's a dozen women that are already talking publicly -- >> what are the statutes of limitation. >> new york has none on sexual violence. that is a nonissue. but we're not at the beginning of this story. this man has been doing it for decades. and if someone stood up -- >> we're at the beginning of it in terms of women coming forward. as we know, it is a very difficult situation for women -- >> no, no, no.

hold on. you guys are competing on the same point. jeffrey is saying this is an established pattern that goes back a long time. mel agrees, but we are at critical mass where you're at awe tipping point of a call for accountability. >> we're not disagreeing much. but all i'm saying is people had stepped in more aggressively 10 years ago, 20 years ago, how many women would not have been raped. >> but it's a big if. the whole reason he's able to do this is the reason they didn't step in. it is is power. it is control. that is why we are calling them out. sit not because they knew the depth of the depravity. the culture has to change. >> when you start talking about the politicians, you can't ignore the elephant in the room which is while we are debating whether the clips or the obamas

should have come forward, the united states of america elected a man who confessed to sexual assaulting women. 62 million people voted for this man. the idea that the country has changed, i'm not so persuaded the country has changed if donald trump can get elected. >> he said that was locker room talk. >> there was the admission and the "access hollywood" state. that hovers over the story in a very important way. >> we have a lot of work to do on the issue. mel, jeffrey, thank you. alyson? eminem takes aim at president trump in a freestyle room.

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rapper eminem unleashing on president trump last night at the b.e.t. hip-hop awards in a blistering freestyle rap. here's a little piece. ♪ this is his form of distraction, plus, he gets an enormous reaction ♪ ♪ when he attacks the nfl, so we focus on that ♪ instead of talking about puerto rico or gun reform for nevada ♪ all of these horrible tragedies and he's bored and would rather cause a twitter storm with the packers. he gives ignoring our past, historical, deplorable factors. now if you're a black athlete, you're a spoiled little brat to try to use your stature to give a voice to though don't have

onon one ♪ unless you're a pow because he don't like his war heroes captured. >> let's discuss this with john avalon. great to have you here. eminem weighing in on the nfl and in his own style. he also did something really interesting, guys. he said to his own fans who may be supporters as well that he doesn't want them anymore as fans. i mean, watch this. and any fan of mine who's a support of his, i'm drawing in the sand a line ♪ you're either for or against and if you can't decide who you like more in your split or who

you should stand beside, i'll do it for you with this [ bleep ] y you ♪ . the rest of america stand is up. >> he's from michigan, detroit. that's one of the states that turned for president trump. what do you think of what eminem is doing now? >> look, that is a powerful freestyle he did last night that is going to reach a whole different audience. it is is not whether michigan flips because eminem does that. but folks who are hearing things in real-time that they might not have heard before. the reference to mccain's -- trump's di is s of john mccain. talking about we get distracted when he talks about nfl and then we get distracted from puerto rico. that's why it mattered last night and why we will keep talking about it. >> this is all terrible territory. everybody is going to get angry. but too bad.

the president is tweeting about the stock market this morning. why would he be trying to distract us from the weinstein investigation? i'll carry the ball on this. why? what did we go through with him in the election? all in a tape comes out. they are all discounted as a political ploy. there is no discussion of accountability in any real way and he goes on to victory. and we wonder why. we see what's going on with weinstein in a continuation of the culture. christine, we turn to the law in situations like this. why didn't cy vance prosecute him. this is about culture as much as about anything. isn't that what's going on, whether you're looking at the nfl, what's right and wrong. you're dealing with the same critic critical mass. what do people want to be about? >> what john said about the culture, intersection of politics and culture, politics and sports are now there in a

big way following trump's two and a half weeks ago that speech in huntsville and he dragged the nfl right into this conversation. is it distraction? is it playing to his base? obviously there's a lot there. but especially i think when you look at eminem and under 40, under 50 crowd he's dealing with. that is the future fan base of the nfl. that is what's important with the issue on what will happen in the future with the nfl. the owners want something. they are thinking who are my season ticketholders in 20, 30 years. that is the anti-trump, pro eminem crowd. >> as if on cue, president trump just sweettweeted about the nfl. it is about time that roger goodell of the nfl is finally demanding that all players stand. roger goodell has given guidance

to stand. president trump obviously supports it. what's your take? >> trump is saying something that roger goodell did not say. goodell said he should stay. that is the exact same guidance that is in the manual. the nfl has not changed its demand yet, and i don't think it will because they are going to have a meeting next week. that is the focus now for so many people. but the reality is the nfl is not saying they must stand. they are concerned about jerry jones. he can't go rogue and go off on his own. i don't know that we will see the nfl saying players must stand. it is against the collective bargaining agreement to change the wording of the rules in the season. trump likely declaring victory before there is anything close to a victory. >> he is pulling at the threads and how people define themselves. we could have a president with the weinstein thing who said we're going to have a conversation about it right now.

this is where this stops. this is a culture change. i guess he is compromised because of his own past. when he was asked about weinstein, comparing it to him, he said what i did is locker room talk. this is different. >> no, no, no. there are parallels. i'm famous. i can get away with this. pay attention to that. certain parallels we have seen from the statements of the women. hotel rooms and showers and robes. certain m.o. he is with ivanka and he laughs about being a quote, unquote sexual predator. that is a different president. the office of prison president is one of moral authority. should the president lead a conversation but not this president. we will have culture war debates. we will have these distractions and the president is going to try to focus on his version of the facts. but this president is not equipped to lead. >> what do you think about what

he is saying about the nfl? we might see something entirely different. the fact that roger goodell is suggesting they stand doesn't mean they have to stand or will stand. >> no, it doesn't. part of the self-defeating aspect when trump tries to reignite these culture wars, he elevates this. colin kaepernick has been elevated. it actually ends up blowing up in his face. as christine pointed out, that tweet doesn't comport with what goodell actually said. wait, i thought this was an administration has their own pps but not their own facts. >> thank you both very much. the weinstein situation continues to grow. there are more allegations of sexual misconduct coming up. we will hear from a journalist who says she was cornered by the disgraced executive. her story, her truth, next hour. when i received the diagnoses,

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he left the room and this time he came back fully naked blocking the door. >> he preyed on the biggest names in hollywood. >> how many more people will come forward? this is a profound cultural shift in america. thank goodness it's happening. >> i don't know anyone after junior high school who talks about their iq. >> i think the president is allowed to joke. >> it's a tough world, and the secretary is more than fine of that. >> there is no doubt he weakened tillerson. >> he was screaming fire, fire, fire, get out, get out. >> it happened so fast. >> the flames are still approaching people's homes. >> the fires are still out there, actively brewing. >> this is "new day" with chris cuomo and alyson camerota. good morning. welcome to your "new day". damning allegations against movie mogul harvey weinstein. two dozen women, including

hollywood's most high profile stars are coming forward saying weinstein harassed them early in their careers. paltrow says this way of treating women ends now. >> three women now accuse weinstein of rape. he is wife is leaving them. cnn learns he's checking into rehab. some ask why it took days for the obamas and clintons to denounce weinstein. there are allegations whether he could face criminal charges. we have it all covered for you. brynn has the latest development. so much has happened in 24 hours. >> it really has. multiple sources with the nypd tell me there are no open investigations into harvey weinstein right now. no new allegations have been made to police at least here in new york. over two dozen women, though, have come forward with strikingly similar and disturbing accounts of their interactions with weinstein over the course of decades.th