tv New Day CNN March 20, 2018 4:00am-5:00am PDT
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operated which, of course, they deny. >> it's very interesting to see and of course you can see the trump campaign trying to distance itself as best it can from cambridge analytica which is trying to distance itself from facebook all at the same time. there's a whole lot of international distancing going on. thank you for being with us. terrific reporting. thank you to our international viewers for watching. u.s. viewers, breaking news in texas, so let's get to it. >> announcer: this is cnn breaking news -- >> good morning, everyone. chris and alison are off. we do have breaking news this morning. a new explosion has rocked texas. this time a package it blew up inside a fedex facility south of austin. >> this is now the fifth explosion in the area. police and hundreds of federal agents trying to find what they are now calling a serial bomber. we know that two people have been killed by packages. several others injured.
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ed lavandera is live in austin with these breaking details. ed? >> reporter: good morning, erica. fbi officials confirming to cnn this morning that they, quote, suspect that the explosion at this fedex facility in the town of schertz texas, a suburb of northern san antonio, about an hour's drive here from the city of austin to get down to that area. but that is where investigators are turning their attention to this morning after some kind of explosion at the package facility there at the fedex in the town of schertz texas. that's something where investigators, tarks f investigators and fbi investigators are at that facility there beginning the early investigations. not a lot of clear details how all of this has transpired and into what level and how all this will play out. but at this point, fbi officials saying they suspect it is connected to the four explosions
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that they're already investigating here. we are at the scene of the sunday night explosion here in this residential neighborhood in southwest austin. remember, what officials and investigators have been very concerned about is the changing way in which this particular explosion from sunday night was carried out using a trip wire different from the previous three explosions. this explosion in schertz, texas, is connected to the first four, it really is another sign of the changing method that this suspected serial bomber is using, which will be of greater concern to investigators which they're already concerned about. john and erica? >> ed lavandera, thanks so much. joining us now retired fbi supervisory special agent james gagliano. what's so interesting about this is that this seems to be the third different type of device used in austin in just the last
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few weeks. you had the pocket package bombs set down there. you have this trip wire device on sunday. and both our affiliates are reporting that this fedex package bomb has shrapnel in it. what does that tell you, three different kinds of devices? >> we're pretty four the first four devices were interrelated. if first one, i caution people in matters that involve the military and law enforcement investigations, early reports are often inaccurate. we have to be careful, but there does seem to be some similarities there. we've heard reports there might have been shrapnel. there's four components of a bomb. has to be a power supply which is usually a battery. has to be an initiator and those are a blasting cap. then you have explosives that are often surrounded with sclab n shrapnel and the switch. the last bomb was initiated by a trip wire. these other packages are
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initiated by the opening. we don't know if that's what happened in this one. what makes this one different is that this was now either delivered or shipped into a fedex facility in san antonio but addressed to austin, which on the outset looks like there might be some linkage now. >> there's more information obviously on that package. we're learning it was shipped to austin. but it raises the question and law enforcement is asking for this, why move on to this type of bomb and why now involve an actual shipping facility? >> yeah. and what makes it scary, erica, we were talking about before, is the frequency of these. we talked about the unabomber case. it lasted over 17 years and only 16 devices. in this instance span of little over two weeks, we have five devices. i can tell you right now, the federal government, state and local officials and all the law enforcement there in texas, they are bringing out the calvary to
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get out in front of this thing. we need this person or people to make a mistake before another device is detonated. >> five devices in this short period of time, that's very, very high number. the fact that this was sent fedex, what kind of clues does that provide to investigators right now? they'll have a number to track and figure out where this was shipped from and have something to follow here. >> john, post-blast analysis is difficult as we discussed earlier. after the explosion a lot of the evidence gets destroyed. latent fingerprints, any type of dna or any type of evidence you can tie back to the person who did it. i'll remind you of 1993 here in new york in the first trade tower bombing. we were able to track down the truck with a partial vin number. that's when investigators are doing right now. going through each of these post blast sites and they're going to comb it for any type of evidence and try to prove the link analysis. that is as critical as the bomber's bomb-making signature in post-blast investigations. >> thank you. appreciate it as always, james.
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turning now the russia investigation, the president's lawyers met face to face with special counsel investigators last week to outline the topics mueller's team would like to ask the president about. meantime, the president shaking up his legal team. c np's abby phillips is live at the white house with more on that. good morning. >> good morning, erica. sources tell cnn that an interview between president trump and robert mueller's investigators could be scheduled in the next several weeks. but as all of this is happening and these investigations are on going, it's clear that president trump is ready to shake up and change his legal team. >> reporter: cnn has learned that president trump's lawyers and robert mueller's the two investigators sat down for a rare face-to-face meeting last week. the two sides hashing out the details about the topics mueller's team wishes to discuss with the president, including the role attorney general jeff sessions played in the firing of fbi director james comey and what trump knew about michael flynn's phone calls with sergey
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kislyak in december, 2016. "the washington post" reports president trump's legal team provided the special counsel with written descriptions of these events and others in hopes of limiting the scope of a potential future interview. a source tells cnn that president trump wavered behind the scenes about whether to agree with an interview with mueller, despite publicly boasting that he's eager for a sit-down. >> are you going to talk to mueller? >> i'm looking forward to it actually. >> you want to? >> just so you understand, there's been no collusion whatsoever. there's no obstruction whatsoever. i'm looking forward to it. >>reporter: as it becomes clear that mueller's probe is far from over, sources say president trump is lashing out at the special counsel and blasting the russia probe as a witch hunt. president trump also hiring long-term washington lawyer and tv pundit joseph degenova who
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has repeatedly pedalled a conspiracy theory that the fbi fabricated the russia story to frame mr. trump. >> there was a brazen plot to illegally exonerate hillary clinton and if she didn't win the election to frame donald trump with a falsely created crime. it wasn't the russians who corrupted the presidential election. it was the american officials at the department of justice and the fbi. >> reporter: but as one lawyer joins trump's legal team, others may be on their way out. "the new york times" reports that the president is weighing dismissing ty cobb who argued for cooperation with mueller's team. "the times" reporting that the president's lead lawyer john dowd has contemplated leaving because he's concluded he has no control over the behavior of the president. both lawyers deny that they are going anywhere and mr. trump insisted last week that he is very happy with his lawyers. the president's escalating attacks on mueller drawing a rebuke from some republicans on the hill. >> it would be the stupidest thing the president could do.
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>> how would republicans react if they fired mueller? >> i think it would be total upheaval in the senate. >> reporter: others like senate majority leader mitch mcconnell have remained silent about the president's attacks. >> reporter: the presidents advisers say despite his comments over the weekend, he is not contemplating firing mueller. meanwhile on the president's schedule today is a meeting with the crown prince of saudi arabia. a senior official notably tells reporters they plan to talk about making russia pay a price for the role that russia has played in enabling iran and syria. the president also is going to be holding a meeting on the opioid crisis later today. he talked a little bit about that yesterday during a visit to new hampshire where he linked it to sanctuary cities as well. >> abby phillip for us at the white house. abby, thank you very much. want to bring in david gregory and cnn legal analysis
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michael zelden. it seems to me we know three big things that have happened over the last few days. number one, the president's legal team has met with the special counsel's investigators. number two, the president all of a sudden started attacking directly the investigation by name, robert mueller. and number three, he's shaking up his legal team. he brought in a lawyer who is a fighter, david gregory. >> i think very much so. i think what's clear is that they're getting indications of exactly what investigators and prosecutors want to question the president about. i think that makes the team and the client very, very uncomfortable. so what we see from president trump, we've seen it from the beginning. he watches a lot of television. he see joe degenova as a long-time fixture in washington is saying just the things trump loves to hear. that's right. it was a framed job.
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the fix was in from the beginning. this is not on the level. now, it's just astonishing in our age of media because joe says these things without evidence that somehow it should require action. but in trump's mind it does. he likes that. he wants that kind of person around. and so he wants somebody who would be a skilled fighter and cable news and who will take this fight and make the case that it's all illegitimate at a time when i think mueller is baring down on critical questions that reach trump, whether it's his business dealings, something that implicates him directly or something that gets closer. >> there have also been -- this chaos we're seeing on the legal team is in some ways not new. what we've seen, too from this team essentially as we were reporting at the end of the year, oh, we're telling the president it's going to be wrapped up by november,
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december, whatever the next date on the calendar was, trying to placate a client in that way not only obviously michael zelden sets up unrealistic expectations but this is allowing this chaos to fester so in some ways wouldn't it make sense that the president not only wants a fighter but perhaps feels he's not getting good advice period and wants a shakeup. >> well, it's a very good point. the thought was when trump was looking for a lawyer initially that the names that were presented to him, the really good lawyers from washington, d.c., the ted olson's of the world, they -- it is reported have declined to take the representation for fear that they could not control this client. as a lawyer, the last thing you want is a client who can't control or who will not listen to you. and so the president is finding himself in this position of having lawyers trying to give
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him good counsel. if there's nothing there, cooperate just as trey gowdy said, cooperate and this will be over because mueller has the sort of intestinal fortitude to say there is no there there if there is nothing there. but the president just can't resist his own worst instincts which is to fight. now he brought in joe. we worked together. i was joe's deputy. we took president bush's testimony together. and we didn't limit the scope of that in any way shape or form and wouldn't allow bush's lawyers to try to do that. joe and i were on tv a lot during the clinton period when joe was a fierce defender of kent starr and his right to go after the clintons in whatever way he thought necessary to bring out the truth of the matter. joe will be in a difficult position to now say what i did in my investigation, how i defended kent starr is
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inapplicable to robert mueller. joe is experienced and smart and likable and we'll see what the president does. >> just another point. you have to just pay attention to donald trump as a client. i mean, he is by all accounts just a very difficult client given his personality. and so, all the leaking that's going on has to be coming directly from him. he wants this chaos on the team because he wants people to do what he wants to do. he doesn't want to be told to cooperate. he wants to lash out if he feels like he should lash out. i think what michael says, too, he doesn't have guys who have currently been in the courtroom. you know what i mean? he doesn't have young lawyers who are fighting things out everyday. he's got older guys, older white men who he'll listen to, except that he doesn't even listen to them. so he's going to go about this his own way and he's going to watch tv and look for people who are going to defend him the way
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he wants to be defended, murder as a client. i would say one other thing in this whole episode, especially around these conspiracy theories. we've gotten to a point in this debate where i think it's really unhelpful that former intelligence chiefs like brennan, andrew mccabe are lashing out at the president. i think it's really problematic when those people who are supposed to be beyond the political fray are the ones duking it out with the president and how jim comey is coming and it will make all of this much nastier publicly at a time when mueller is trying to do his work. >> they're taking the bait essentially. >> it gives them a foil. it gives the president a foil, someone to fight against. michael zelden, interesting connective tissue with many of the people involved. i want to point out some of the things that we believe the special counsel has been asking about. this is interesting. in the meetings with the white house team, we understand the
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mueller team let on they want to talk about the firing of the fbi director james comey and want to know jeff sessions involvement in the james comey firing and michael flynn's phone calls with russian ambassador and they want to talk about outreach to intelligence leaders about the russia probe here. we understand through cnn's reporting, michael, again they've given some granular detail to what they're after here. and there's something about this granular detail to what they're after that seems to have set off the president that caused these angry statements from over the weekend that has led him to shake up his legal team even more. >> well, that's right. what we're finding is that mueller intends to have a very fulsome interview with the president about all matters within his mandate. that includes counterintelligence, that includes coordination, that potentially includes financial crimes. we saw the subpoenas last week
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to the trump organization and certainly includes obstruction of justice. and so if the president was of the mistaken belief that somehow they were going to be able to narrow the scope of the mueller investigation to a few questions that the president chose, he's sadly mistaken. and that's his own fault, if you will, because nobody who is a student of history of these investigations would ever see a prosecutor who has any self respect accepting the client's determination of what they will be asked. so that's where he finds. he finds himself in this fantasy land that somehow mueller is not going to do his job completely. and mueller has said otherwise. now i think the president is reacting to that and that's why we're seeing the possibility of change in the competition of his team and that's why we see the tweet storms. it's just a man enraged by this investigation. maybe that's fair because he
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doesn't think he's done anything wrong. but as trey gowdy said just a moment ago, if you're innocent, you're better in this case letting the proposition play out and have it be proven that you did nothing wrong. >> michael zelden, david gregory, thank you very much. how far are lawmakers willing to go to protect robert mueller and why is mitch mcconnell so silent on the president's attacks? we'll ask rick santorum next. do what i did. ask your doctor about humira. it's proven to help relieve pain and protect joints from further irreversible damage in many adults. humira works by targeting and helping to block a specific source of inflammation that contributes to ra symptoms. humira has been clinically studied for over 20 years. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver,
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president trump getting a warning from members of his own party after escalating the attacks on special counsel robert mueller and the russia investigation. listen to this. >> that would be the stupidest thing the president could do to fire him. >> i think he needs to leave mueller alone. >> how would republicans react if he fired mu ed mueller? >> i think it would be total upheaval in the senate? >> will congress protect robert mueller from being fired? joining us now rick santorum, former republican senator from pennsylvania. senator, what do you think would
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happen if the president tried to push robert mueller out? >> i think it would be a great upheaval in the congress. look, everyone right now in congress is in election mode. how is this all going to play out at election time? the firing of robert mueller would take an energized democratic base and skyrocket it up. yeah, the republican base, the part that's very, very loyal to trump would be equally charged up, but not nearly as much as the other side. and that's what republicans are worried about. they're worried about donald trump doing something that's going to alter the dynamics of the upcoming election which already doesn't look for good for that. >> if you say this would hurt republicans if he went ahead to get robert mueller removed? >> there's a difference between the president doing something which most republicans feel is unlikely for him to do because he doesn't think that -- i think most republicans don't think the
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justice department would go along with it. and as a result, the chances of something like that happening, the idea that donald trump is going to fire justice department officials until they find someone who will fire mueller, i think that's a very unlikely scenario. so there's no reason to go out and prod the president and prod his supporters by doing something like that preemptively if the chances of that happening are pretty small. >> no reason to prod the supporters. you're saying it's a political calculation. they're scared of the political repercussions? >> absolutely. look at the dynamic and the lead-in you talked about the difference between paul ryan's reaction and mitch mcconnell's reaction. mitch mcconnell's reaction is someone who is a senator and looking at senate elections. paul ryan is looking at the congressional elections. ryan's big vulnerability to hold his speakership are suburban voters. suburban voters are voters that he is talking to when he goes out and criticizes the president and speaks more directly about these issues. he's willing to pick a little
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bit more of a fight because he's got to hold on to moderate republican voters. mcconnell on the other hand is worried about the base. he has to make sure that the base turns out. the senate elections that the republicans have a chance to pick up are in montana and north dakota and missouri. that's where you need the trump base. he doesn't want to prod anybody and get them upset. >> senator, i'm shocked to hear you say this is all about politics and not a decision about what they think is right. >> well, look, what's right and i think to suggest that both sides don't do this look at the political ramifications of the way they deal with this, i mean, i'm sure mitch mcconnell and republicans are communicating very vocally to the president how they feel about these things. that's different what you say publicly and how you manage the upcoming election. >> so, just let the record show, when i say i was shocked, i didn't mean it. that was facetious. lest anyone think it's a big surprise here. what do you make of the president's strategy here,
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senator? he hired joseph degenova to join the legal team here. this is a guy who is a fighter. let me just play some of the sound that the president no doubt has heard this man say on fox news. >> they tried to frame an incoming president with a false russian conspiracy that never existed and they knew it and they plotted to ruin him as a candidate and then destroy him as a president. >> is it a smart strategy for the president to just basically attack the investigation, which he's doing. he's hiring this lawyer who has been attacking it. the president is now attacking it by name. >> look, there is ample evidence out there to suggest that there is little to no collusion that it's been shown and any evidence that has come out, i understand the president's frustration. i understand these things drag on, but the counsel he should be getting is these things always
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drag on longer than they should. it doesn't necessarily mean they'll find anything because there's -- i know in the president's mind and many of the administration there's nothing there to find. >> except, senator, here is the thing, one of the things the special counsel did do is issue indictments for three russian entities and 12 russian individuals for meddling in the u.s. election and then the u.s. government sanctioned those same individuals. so the u.s. government, the treasury department, the trump administration, to an extent has already endorsed the finding of the special counsel's investigation which they call a witch hunt. >> no. what they call the witch hunt. this is something that i think the media doesn't focus enough on. what they call the witch hunt is the collusion. look at the president's tweet. look at everything he talks about. he talks about collusion between the trump campaign and russia. i don't think the president obviously they just sanctioned the russians. i don't think the president argues seriously that the russians weren't involved or engaged in trying to influence the election. >> where are we been for the
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last two years here, senator the president hasn't been jumping up and down saying the russians meddled in this election. i'm going to find out what happened and stop them. he's been dragged kicking and screaming to the conclusion that the russians meddled here. so it's hard to separate the two. >> but you have to because they're two different issues. i'm not defending. i disagree with how the president handled the whole issue of the russian involvement in the election. he should have tried to discern what the russians were doing and be very aggressive in defending our democracy. but the idea that that is the same issue as the trump campaign cooperating with the russians or colluding with the russians, they are two different issues and the one the president is solely focussed on to exclusion of all else and that's the problem is the collusion. >> he is just upset about obstruction. the idea he is only upset about one thing i'm not so sure about. you are a shrewd political
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observer in all sorts of different ways. as you watch how the president is behaving now both his statements and his actions, is he making his political situation better or worse? >> overall he's making it worse. had he been more aggressive on pursuing the national security aspects of the russian involvement in our election, that would have taken -- been the high ground. as i said, you can take that position and still say there was no collusion. and look, calling for the end of the mueller investigation, again, i understand the frustration. it isn't going to happen. bob mueller is going to take his time and do what he thinks is right and it may be a few weeks, it may be a few months. who knows. but the president harping about it as trey gowdy said, if you're innocent, act innocent. right now he's looking like, hey, i want this over because he's got something to hide. that's a mistake. >> senator rick santorum, great to have you with us. thanks so much. >> thank you. erica? >> the whistle blower who
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i played a significant role in setting up that company. and i feel like it is my duty to tell people, you know, what this company does. but i can't express how much regret i have for playing a role in setting it up. >> cambridge analytica whistle blower christopher wylie speaking out the trump linked data firm used private information harvested from millions of facebook profiles. they are extending an invite to wylie to testify before the minority leaders on that committee. joins us now congresswoman jackie spear. >> thank you. >> as we look at this, we heard from christopher wylie who said i would be more than happy to speak with robert mueller and talked about his concerns whether willingly or not cambridge analytica may have given russia information that it used to bad ends. here is more of that.
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>> i am concerned that we made russia aware of the programs that we were working on and that might have sparked an idea that eventually led to some of the disinformation programs that we've seen in the interference that we've seen from russia in american elections. >> in terms of what more could be learned from christopher wylie, as i mentioned off the top here, adam schiff said we would like you to come testify before the remaining minority leaders because republicans had already closed their investigation. what more do you want to know from christopher wylie? what information do you think he could provide? >> we need to find out whether or not in their conversations with a russian oil company whether or not that was really a pretense to use what is called russian cutouts. they were, in fact, informing russia and maybe even working with russia and the trump campaign all comes back to why all these relationships with
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russia? we do know in our interview with cambridge analytica with alexander nix, who is the ceo, that he was attempting to reach out to wikileaks. so again, there is just -- this is no coincidence. these are arrangements that i fear have been made intentionally. and i do worry that facebook, which is always assessed itself as being a platform, we now know is much more than a platform and much more than just selling ads, that it does collect data and we as consumers need to be in a position to opt out of them collecting it and using it. >> do you believe facebook has been cooperative in any questioning from washington and even from consumers? >> i think facebook has tried to create a message that now seems to be very flat. it is not just the platform. it is not just about ads. it does collect data.
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it shares that data and frankly it sells that data. and it should be regulated as any company that has data on an individual. and we need to know that when we sign up for something through facebook, for instance, that that data is being collected and being used. i think in the past it's been seen as a much more benign setting. >> so how do we get that information then? how are you going to compel facebook, to in fact, recognize that? >> i think our committees both the judiciary committee would have a role in that and i do think the intelligence committee needs to look at that from an intelligence perspective. i think the fact that they have shut down this committee and the investigation at such a premature point is now being very obvious to the public that this is being done as an effort to prevent us from getting the facts. >> i want to point out a couple things we learned this morning. we know that cambridge an lit ka
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tweeting out this morning saying that facebook data was not used but uk protection authority is looking into whether facebook, quote, acted robustly when it learned about reports of access by cambridge analytica to these potentially 50 million users' data. so we're seeing something happening in the uk. the laws are obviously a little different there than they are in the u.s., but how could that be used for perhaps spur further action and compel facebook to perhaps be more forthcoming? >> well, in the uk and throughout the eu, personally identifiable information is far more protected than it is here in the united states. so, that makes a lot of sense. i think in terms of what we're going to have to do is we're going to have to look at regulating -- i know that's a dirty word to facebook, we're going to have to look at regulating how they do business. they are not just a platform. >> i want to move on because a couple other things to get to here. you tweeted on sunday, the president is careening us toward what i fear will be a
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constitutional crisis. mr. president, here is my redline, fire mueller and i will vote to fire you. white house counsel ty cobb coming out and saying the president has no plans to fire robert mueller. do you trust cobb's statement? >> no. i trust the tweets that the president puts out when he's unsupervised. and i think what we have seen over and over again is his intention to obstruct justice. he's so accustom to being able to use his position as a family company and shut people down by filing lawsuits and threatening them. and he thinks he can do that with the american public. he can't do that. and he cannot tamper with the justice system which he has clearly attempted to do over and over again. >> i want to say before we let you go, obviously friday midnight deadline when it comes to funding the government. the proposed spending bill will not include the sexual harassment legislation which i
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know you have championed. is it definitively out? >> it's not definitively out but i think the house both the republicans and the democrats in the house feel very strongly that the bill we passed over to the senate was comprehensive and any effort to erode that is not in the best interest of the institution and certainly not in the best interest of the employees that work for us. >> representative jackie speier, we have to leave it there. thank you. >> thank you, erica. six months ago hurricane maria destroyed puerto rico. how are recovery efforts there now? we have a live report next. kevin, meet your father.
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comparable bundle, for less. call today. the younger brother of florida school shooter arrested on monday for trespassing on the campus of marjory stoneman douglas high school. according to a complaint affidavit 18-year-old zachary cruz wanted to, quote, reflect on the school shooting and soak it in. he's been released after posting bond. company filing for bankruptcy and releasing victims and witnesses to alleged sexual misconduct from their nondisclosure agreements. dozens of sexual harassment and assault allegations against harvey weinstein have crippled the studio. they reached a deal with a private equity firm looking to acquire it through the bankruptcy process. hurricane maria making landfall in puerto rico six months ago today.
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the island still struggling from wide-spread destruction and despair. understandably, many saying life will never be the same. leyla santiago joins us with more from san juan. >> reporter: today we are in san juan and the situation here has improved quite a bit since hurricane maria struck the island six months ago. here is majority of the people have power. the majority of the people have water. i mean, we're talking about in the 90% zone. and the goal is that by the end of march the u.s. army core of engineers say they want to be at 95% of power restoration for the entire island. still 103,000 people without power this morning. and you go into the interior part of the island and what you see here in san juan, the tourists, the businesses that are open, is not what you see in the interior part of the island. we spent some time with the
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family in puerto rico and they are still living in the dark, still washing clothes by hand, still eating canned goods because they don't have power to keep the food refrej rated. they don't have a generator either, that was a family that also has a 1 month old baby. so the daily struggle for them is very real and hasn't changed much in the last few months. so again, six months later, i don't want to take away from all the credit of all these power workers. many still on the island. although they are starting to leave. a lot has been done when it comes to power, but for the people in the interior part of the island that are still struggling, life isn't back to normal as you said. it's not life back to the days before maria. >> to your point, leyla, there are several layers and headlines to this story, obviously, not just from six months ago but continuing on today. a lot of the reporting, too, in
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the aftermath of that storm and since then has focussed on the death toll and the conflicting numbers we were seeing initially. where do we stand right now? >> reporter: well listen, that number hasn't changed since december 9th. it remains at 64. now, the government is -- does have a thorough review, as the governor has said, of those numbers. so they are looking into it. george washington university partnering with them to do that. but, 64 is certainly not the number that we have seen when we look at it. still today, funeral homes and doctors are telling me that maria is still killing people. you look at death certificates from just the last few months and you will still see hurricane maria as a contributing factor of deaths. people who are dying because they don't have power for the medical attention that they need. they need oxygen tanks. they need cpap machines for sleep apnea and those don't work
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if you don't have power. >> no, they do not. thank you. appreciate it as always, leyla. if you would like to help the recovery efforts in puerto ri rico, log on to cnn.com/impact and we identified several charities assisting those hardest hit by hurricane maria. high stakes, why the evidence being discussed in the anti-trust trial could make or break the case. that's next. it can power your apps with public services without starting from scratch. it brings your business up to speed,
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one of the biggest antitrust battles in decades now under way. the federal government is suing to stop at&t from merging with time warner which owns cnn. the case has enormous implications for you the consumer. joining us, brian stelter and hadas gold. hadas, catch us up to speed. where do we stand after yesterday? >> yesterday and today are for
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what's called evidentiary arguments, when both sides go back and forth over what evidence should be included in this trial. at&t is trying to argue the thousands of e-mails between at&t and time warner executives, that not all of them should be submitted because not every single e-mail is necessarily an official business record. it could be some chatter. unless you have a witness on stand, you can't talk about what the e-mail meant it's not worth having. the government is arguing some of these are had docs that might reveal that at&t knew that buying time warner would stifle competition. that's part of the reason they were doing it. there's a few other issues at hand in terms of evidence including prior statements related to other media mergers. all of this will help determine whose side will have the strongest case possible because if a certain key piece of evidence is thrown out by the judge, that can completely change either side's argument.
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>> any body language from the judge to indicate which way they're leaning? >> this judge oversaw the settlement between comcast and nbc universal which had a different approach than we're seeing now. this judge is sort of an old school judge. there's no electronics in the courtroom at all. he'll throw you out if he sees a cell phone. he's really doing this very carefully. he's said over and over again how he recognizes how important this case is to the industry and to the public and he is going to be doing this so carefully, going to take as much time as possible. he's a pretty tough old school judge. day by day i feel like it could go either way. >> we were talking yesterday about the fact that at&t is no longer bringing up any questions of political bias. they have no plans to do that. but brian, we can't ignore the fact that it is hanging over everything that's happening right now in washington. >> yes. >> does that bleed in eventually? >> whether it does on the
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judge's thoughts, it definitely does on everybody else's mindset around this case. i've seen technology executives speaking out against the doj for bringing this case saying look at these tech giants in silicon valley getting bigger every day. why is the government so focused on at&t or cnn rather than facebook. >> not any news about facebook these days. >> the doj does need to review when there are mergers and deals. it's an antitrust department of the doj looking at this. these are career officials, not political appointees, not jeff sessions directly who is looking at this. however, we have to keep in mind thecontext, it's widely seen as a possible motive. that will be a sub plot. the business sub plot is the cable bundle, all this evidence about whether at&t and time warner e-mailed about competition, it comes back to the cable bundle.
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americans love to hate the cable bundle. yet most americans also see value in it. the price might inch up every year because you're getting more and more channels and they cost more, but we see this on going battle, on going tug of war between programmers like time warner and distributors like comcast or at&t, it's a tug of war, how much is the bundle going to cost every year? it's understandable at&t wants to buy more programming, more time warner, more cnn, in order to have more muscle in that on going tug of war. that's what comcast did with nbc. >> it all comes down to this bundle issue, in this world where you have more netflix and amazon creating more alternatives, can at&t gain more muscle in the environment? the argument from at&t is they just have to keep up with all the others. >> with the facebooks and the googles of the world. brian talking about the bundle,
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hadas, it has to do a little bit about what the evidence was yesterday with the communications inside at&t and directv. the concern here is a larger at&t would be able to increase prices in some ways and stifle competition in that bundle. correct? >> exactly. they're worried -- the doj is worried by having this much power with what they call must-have content. that's things like sports. the ncaa basketball tournament, a lot of that is on turner, part of time warner's. just last month google's youtube tv just added turner content. they are pointing to that as evidence that this content is so important that at&t will have so much incentive to keep it to themselves, to force people to buy it through them versus allowing this competition to flourish.
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you have to keep in mind in a way at&t is doing what amazon and netflix are doing. amazon and netflix are doing it in house. they're building out their own content in house. what at&t is doing is acquiring another company that has content to pretty much do something similar. while this case is focused right now on at&t, there's no question in the coming years we'll be seeing other big cases involving places like amazon or netflix. >> we'll be watching for that. hadas and brian, appreciate it. thank you both. we are following a lot of news at this hour. let's get to it. >> this is cnn breaking news. good morning everyone. welcome to your "new day." chris is off. alisyn on assignment. i'm john berman joined by erica hill. we have breaking news. overnight there was a new explosion in texas. this is a fifth. this happened inside a fedex facility south of austin. >> that explosion has hundreds of federal agents on the hunt
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for a serial bomber. they believe this latest blast is linked to the deadly series of bombings in the area. cnn's ed lavandera joins us from austin with more breaking details. ed. >> reporter: good morning, erica. a great deal of concern here at this fedex delivery facility in the town of schertz, essentially a suburb of northern san antonio, about an hour's drive away from austin. that's where investigators are focusing their efforts here this morning. fedex officials say one person suffered minor injuries, they will be okay after that package exploded inside that facility in the town of shertz, texas. the method by which these explosions are occurring seems to be changing, and that is what federal investigators talked about their concern yesterday. this is the neighborhood where
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the sunday explosion occurred just on this little patch of grass, you might see the divot there left by the explosion. investigators were already expressing concern because it was a trip wire connected to that package that set off that explosion on sunday night. they talked about -- investigators talked about how that indicated to them that this bomb maker had a sophisticated level of understanding and ability to create these explosives, and it also changed the m.o. of how this particular person or persons is operating which also caused them a great deal of concern as well. if indeed this is officially linked, this fifth explosion, that would be a different mechanism by which these explosions have occurred which is, of course, something investigators will be paying close attention to. john and erica? >> ed lavandera with the latest there, thank you. also joining us on the phone, investigative reporter for
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