tv Anderson Cooper 360 CNN May 1, 2018 5:00pm-6:00pm PDT
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the others? nope! get internet on our gig-speed network and add voice and tv for $34.90 more per month. call or go on line today. and thank you for joining us. anderson starts now. good evening. thanks for joining us. breaking news, deputy attorney general rod rosenstein under fire. now capitol hill, fires back saying those articles of impeachment, we will not be extorted. he weighed in on why a sitting president would be indicted. and a question of collusion. multiple questions in fact as we learn from last night's leak to
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t "new york times." for the errrecord, that's not t. you can be charged with it even if no one else is charged with another crime. we will get deeper into the legal issues with alan dershowitz and jeffrey toobin later on. no questions on collusions, oh, i see, you have a made up phony crime, collusion that never existed and an investigation begun with the illegally leaked classified information. nice. we have to get this out of the way. the investigation isn't over. we don't know if the special counsel has found anything, collusion, or corruption for that mater and the new twist is
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a new misstatement of fact. for the record there, are questions on collusion. multiple in fact. here are some of the questions. when did you become aware of the trump tower meeting? during a 2013 trip to russia, what communication and relationships did you have with the agoalar ovs. during the campaign, what did you know about russian hacking. what knowledge did you have of any outreach by your campaign including by paul manafort to russia. what did you know about communication between roger stone, his associates. what did you know about the transition. now that is not even all of the questions that deal potentially whether there was collusion between the trump campaign and russia. there are more. to say there were no questions about collusion is false.
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laughingly false. and there do seem to be people who trust the president's misstatement of facts more than their own eyes and more than reality itself. sarah sanders was asked about that. >> is the white house concerned so many of the questions point to the obstruction of justice. >> we at the white house try not to be concerned dealing with anything adam schiff. >> we've talked about accuracy from the president in the past. why is he mischaracterizing this. >> i am not going to get involved in the back and forth. it has implications with the special counsel. and i am going to refer you to the president's personal attorney. >> he said there is no question on collusion.
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when you look at these specific questions about outreach by the campaign to russia, aren't these questions about collusion? >> once again, i'm not going to get into a back and forth about questions leaked or anything having to do with the special counsel and i would refer you to the president's attorney. >> with the exception a swipe at schiff. the white house passes the buck. while the president says the buck doesn't even exist. keeping them honest, the buck may not stop there. >> the president didn't wait long to weigh in on these possible mueller questions. >> reporter: while the president tweeted about these things this morning, he did not answer the question. i was in the oval office with him earlier today and asked him if he wanted to comment on these questions. and he declined to do so. it appears that be the white house and the president prefer
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to have these comments put out in a tweet in writing so they essentially can't be questioned and when he is asked in person he doesn't want to talk about it. and that is an interesting distinction to make there. getting back to the tweets the one you talked about earlier when the president said no questions on collusion, that is obviously not the case. you mentioned several there as you went down the list, anderson, these are obviously questions that have to deal with collusion and when the white house was asked about this earlier today, they simply didn't want to talk about it. i will tell you there is a real and practical implication in all of this and that is whether or not it affects, whether the president will sit down ultimately with the special counsel robert mueller. i was told by a source close to all of these discussions who said this could possibly complicate the potential for sitting down with robert mueller. they are not happy that these questions were leaked out, but
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at the same time, they do give you a big insight into what the mueller investigation is going for. they are looking at questions of collusion. >> this is another example from the president denying things that are reality that are in fact true. >> reporter: that's right, just because the president says or tweets it doesn't make it true. there was a tweet this morning, that said no question on collusion. multiple misstatements about barack obama's birth or tweets about wiretapping at trump tower. or repeated statements or tweets that millions of people voted illegally. he just said this weeks ago saying this wasn't a conspiracy theory, it is a conspiracy theory and the president continues to twist facts and misstat misstates truths. the thinking is, i think inside
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the president's inner circle and perhaps with the president himself, if he continues to work reality, the public's sense of reality, he can convince enough people this is not an issue. as you said, anderoson, the investigation continues and those investigations have not come to a conclusion on this issue of collusion. >> thanks very much. new reporting by a group of washington republicans drafting articles of impeachment against deputy attorney general rod rosenstein. today rosenstein responded. manu raju has information on that. >> reporter: rod rosenstein has come under enormous pressure. thousands of documents as the house gop targets the fbi.
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from house republicans who have been backed by speaker paul ryan, turned over documents giving the republicans access. there are thousands of other documents that the gop wants to see. in a private meeting last month, mark meadows and jim jordan both asked to see an unredacted memo. could investigate in the russia probe and rosenstein resisted telling them no. meadows and other conservatives have discussed the possibility of impeaching rosenstein if he doesn't comply. when rosenstein was asked about this by our colleague laura jared, he pushed back. >> have there been people who are making threats privately and
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publicly maki publicly. >> reporter: respondsing that rosenstein should stepped down. and that is exactly what democrats say the republicans are up to by these tactics. they believe the gop wants to give trump cover to fire him. he was careful in his remarks saying he didn't want to answer this in the context of any current situation that is going on meaning the mueller investigation. but he said to the justice department has in the past reached an opinion that a sitting president cannot be i indicted. it was in 1973, an opinion reached then saying that such an indictment would
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unconstitutionally undermine to carry out constitution obligation. that was reached by somebody in the department at that time and you shouldn't draw any inference. >> joining me now allen d dershowitz, also chief legal analyst jeffrey toobin. that is blatantly false, isn't it? there are at least a dozen questions in there. >> it is not just blatantly false about the questions because as you have pointed out several times, there are many questions in the mueller list that deal with collusion. but the fact that the president keeps saying over and over again, there was no collusion, there was no collusion, that has not been established and in fact there is lots of evidence that collusion did take place. you know, starting with the
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infamous meeting in trump tower where donald trump jr. sought to get dirt on hillary clinton from the russian government. that is collusion right there and that is just the beginning. and i think patients is not a virtue that we all have. but there is an investigation about collusion. there is already some evidence of collusion and we will see if mueller finds more. >> but the key is to distinguish between illegally aspects of collusion and unlawful. meeting someone to get dirt is a terrible thing tong but not unlawful. to distinguish between lawful but maybe bad, unlawful and criminal. that's true of the obstruction of justice as well. >> when the president says it is hard to obstruct justice, that is wrong. >> martha stewart went to jail
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for talking to agents about a crime. he was saying why would anybody obstruct justice. >> can i answer that question? >> i understand the answer. people will do that because they have no idea whether it is an underlying crime. >> also -- >> let him finish. >> just one more point. the emphasis in the questions on why the president fired comey strengthens the case for rod rosenstein recusing himself because there is absolutely no doubt that he will be called as a witness if there is an indictment. if there is charges, if there is impeachment. any kind of legal proceedings relating to why the president fired comey, the first witness has to be the man who wrote the memo justifying the firing.
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>> why would someone lie when there wasn't an underlying crime, here is a reason. because they are liars. liars lie. regardless of the legal setting in which they find themselves. people who are compulsive liars, they lie. and as allen pointed out correctly, there doesn't have to be an underlying crime. >> lying is not a crime. lying to the fbi is a crime. the new york times has a lead editorial today in which it says every question that mueller is going to ask trump, he knows the answer to. they reiterated what comey said. the way investigation works you get all the information, you know what you are going to do, and you ask the question of the subject in order to give them a chance to lie and that is a perjury trap.
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raises a legal argument that trump's people can make saying you are not allowed to ask him a question in which you don't know the answer. the object of the grand jury is to find out what you don't know. >> but a perjury trap makes it sound like this is somebody who can't help themselves and lies just comes comes out of their m. and if you only fall into a perjury trap if you chose to lie. >> it is an improper function of the grand jury to set a perjury trap. >> do you agree with that? >> i completely disagree with that. donald trump is a key witness in the investigation. perhaps the key witness. the idea that he somehow is excused from testifying because the grand jury already knows some of the information about which he will testify is just a
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preposterous idea. >> that is not my argument. for example, if they have a witness who says, i was on a call with trump and here i have my notes and i have a tape recording. you cannot ask him a question were you on a call with that person. i won a case like that a few years ago in massachusetts. >> why not? >> the grand jury's purpose is to get information not to give people an opportunity to commit perjury. that is not an appropriate function. >> we got to get a quick break. when we come back breaking news from the "washington post" that raising possibility of subpoena. the latest next. feel the clarity of non-drowsy claritin and relief from symptoms caused by over
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don't start humira if you have an infection. be there for you, and them. ask your gastroenterologist about humira. with humira, remission is possible. breaking news from the "washington post" about a meeting. the s word came up, subpoena. josh this is fascinating reporting. how the prospect of special counsel mueller come up between the president's legal team and mueller. >> a lot of rankling in this interview. couple of months ago, there was a break down in negotiations. and at one meeting, special counsel team raised the idea of a subpoena provoking an angry reply who said you can't screw around with the president of the
quote
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united states this is serious business and kind of talks broke down. obviously now we know rudy giuliani is now taking over the legal team and as we started the talk, the president has been reticent to do an interview after two things, first being the raid of michael cohen. and two, seeing the number of questions they want to ask that are not about so-called russian collusion potential obstruction and other business deals. a host of issues. doing interview with the special counsel. >> another interesting detail in this article is that when this meeting broke down or got contentious, the mueller team or mueller himself said look, we can give you more information about some of the topics and it was jay sekulow who wrote out those 49 questions in which were
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leaked. i assume those were the questions leaked last night. >> correct. and to be clear, that is not in totality everything they can ask the president. legal team is saying we want to know what you can ask us. basically tell us why a presidential interview is compelled. this is the leader of the free will. they provided those 49 questions. what our experts have told us is they are likely to deal down deeper in those projects. showing e-mails and asking questions what he remembers in meeting. that is what some of his advisers feel, can trip him up in an interview with the special counsel. >> the 49 questions that first broke last night, those were actually written down by jay sekulow according to your
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reporting correct? >> chronicled in writing in that side after having a conversation with special counsel mueller and his team. >> it wouldn't seem possible it was a leak from the mueller team if those questions were written by jay sekulow -- >> obviously doesn't discuss our sourcing on stories. but clear to say the questions have been reported by the noew york times and the "washington post." >> the president himself tweeted about it this morning complaining about the leak itself which now seems obvious in terms of what direction it is coming from. josh dawsey. >> i think special counsel has taken some pride in this investigation having a spokesperson who does not comment or have been even
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critical of the president's legal team over time to what they perceive as speaking to the press inartfully. obviously as reporters we welcome everyone to speak to us. >> appreciate your reporting as always. back with professor allen dershowitz and jeffrey toobin. >> i think where we are going is to a subpoena. the president's legal team should have no interest in answering these enormously broad questions voluntarily. they will get the same broad questions artfully asked at a grand jury but at least they will be able to challenge a, the entire process of subpoenaing the president. they will lose on that. i think they will win on some areas of questioning. for example, why did you fire. what was your motive. what was your reasoning. i don't think you can question
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presidential acts. >> i think what you can get to is what the president is most vulnerable on and that is business dealings before he became president. no court is going to deny the grand jury the power to get to those questions and the irony is those questions that he has the best legal right to prevent are not the most important questions in which he has no legal light to prevent. >> based on this reporting, do you believe what the professor just said that subpoena seems to be where we are headed. this article talks about how the president is fuming about the michael cohen raid. doesn't want to sit down and talks about it 20 times a day it says in the article. >> i agree with allen that a subpoena is coming and agree that ultimately the president will lose. i disagree that the courts will limit mueller much in what he can ask. i think he will be allowed to
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ask about motive because i think it is relevant. but the larger point is, i think the president has a way of short circuiting this entire process. and i think that is what he is going to do ultimately, take the fifth. >> no. no. >> can i finish allen. which is the president will denounce the process. it is a witch hunt. he doesn't want anything to do with this. there is nothing mueller can do if the president -- >> of course there is. he gives him immunity. >> never going to get the president immunity. >> let me tell you why. because an immunity doesn't apply in the impeachment proceeding. and no matter what rosenstein you are not going to get a reversal. now you can indict him, now you can prosecute him. if he foolishly takes the fifth, he gets to be asked all of these same questions under immunity and all the answers can be used against him in an impeachment
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proceeding, you are an a plus student but boy on this one, taking the fifth, i am not going to give you your grade. it won't happen. >> watch it happen. he is going to denounce. >> come back. >> jeff, to the professor's point if he takes the fifth, i'm not a lawyer -- >> give him immunity. >> so jeff, why would he take the fifth if that is the case? >> because the mueller's office will never give him immunity. they are not going to give him the opportunity to excuse from any criminal prosecution down the road. that is what immunity means, never be used against you. the idea that this central figure is going to be excused from any kind of criminal liability. >> if the department of justice believes that a president cannot be indicted then why would they, did the mueller team somehow
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fight that? >> more over it is not transaction immunity, it is use immunity. they can't use the fruits of the evidence in the criminal prosecution. >> i think the odds of mueller giving the president of the united states immunity are infinitesimal. it is not going to happen and the president can end this process overnight if he decides to take the fifth. >> bad judgment. bad judgment as the lawyers who told president clinton to testify. >> he shouldn't have taken the fifth. >> he should have paid the money. no president has taken the fifth and i don't believe any president will take the fifth. although we know the fifth is not an admission of guilt to the american public. and that would just be something that i don't think this president will ever do. >> we shall see.
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meeting between the special counsel and the president's lawyers back in march. the lawyers insisted the president wasn't obligated to speak with investigators. mueller had a different take. this according to the "washington post" and four people familiar with the meeting. back now with allen dershowitz and jeffrey toobin and gloria borger. >> we are learning is it really now you have his new legal team in place and they are trying to figure out what to do and there is a sense among a lot of his attorneys that the president ought to stay away from this. ought to fight this, and the president's state of mind particularly after the raid of his personal attorney, michael cohen's office is i'm not going to sit for an interview.
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whereas the president initially was sort of all for it. i am going to sit with mueller, and i can do this. right now his state of mind is no way, i'm going to do this. >> professor, how long a fight could the president put up through courts to try to resist a subpoena? >> in general, since he is the president, the courts will allow him to defer and ultimately the supreme court which is more than a year even with expedited appeals and that gets him to a time when congress is controlled by the democrats. he will lose enough that he will have to give some testimony under the worst of circumstances without his lawyer being there with no restrictions. and he will have to at least provide some answers. >> so jeffrey, do you agree that
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is one possible incentive for the president to not wait until the subpoena but agree to cooperate. >> my information is similar to gloria's. they are just not going to put donald trump in front of robert mueller's team voluntarily. they think it is a bad idea. and i think it is right that it is a bad idea. and they are going to wait for the subpoena to play out. i agree the president will ultimately lose in court. and it will take some number of months. that is a mixed blessing. i don't know the political calculation in that. it is good because it kicks the can down the road past the midterm election and it is bad because the mueller investigation goes on and on. i think ultimately, he is going it lose about whether he has to
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answer questions. >> and then there is a question can he plead the fifth. >> of course. >> he clearly can. >> and how will that look politically after he has been on the record saying only guilty people plead the fifth. his attorneys believe, quite frankly and they don't even want to talk about pleading the fifth at this point. his attorneys believe that politically, the president has succeeded in making the case. that the investigation itself are not credible and the investigators are not credible and he can take that argument and run with it through the midterm elections and at least get him through that and hopefully keep his control of the house. >> professor? >> well, that might help him in the court of public opinion among his people, it is not going to help him in the courts of law. the courts of law will compel
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him to answer some questions, and perhaps the questions he may be most vulnerable on. but no legal claim, no constitutional claim about his business relations, what he did before he was president. there is some possible argument that he has some executive privilege claim. by the way, he may have waived some executive privilege. if you tweet and go public and you say things, and then say, oh, i won't answer questions about that, because i have executive privilege, there is a concept of waiver. and the president may have in advertently waived some of his executive privilege by tweeting and that can come back to bite him. >> thanks very much. coming up, remember that strange letter that doctor put out during the campaign.
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trump put the words in his mouth and dictated that letter. the actual quote from doctor bornstein, he dictated that whole letter. i didn't write the letter. donald trump told him what to put in the letter and he wrote it up. he is admitting to some creative license. contributed it to dark humor and refers to the movie "fargo." it moves the truth in a different direction. he got the call from donald trump on that day. crossing in a car with his wife. and trump was telling him, dictating to him the words that he was used in the letter. and bornstein was telling him, you can use this you can't use this. and they got to the office and trump signed it. and there was the letter that we
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have all then read. >> that is bizarre, number one. it seems odd that a doctor would agree to be dictated a letter by his patient. i'm not sure what it says about the doctor or the power mr. trump had over the doctor. has the white house responded to the doctor's claim at all? well, they had a close relationship. and certainly bornstein who is no longer the president's doctor feels betrayed by the president saying he was loyal to him and over those 35 years that he didn't reveal to his closest friends or neighbor that he was the president's, the then candidate's doctor. so he was loyal. no, we have reached out to the white house and they have chosen not to respond. >> i don't understand what does he feel betrayed about? >> reporter: well he is saying in essence, yeah, comes down to
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this raid that was carried out here over the medical records. >> which we are about -- >> we are about to get into that. i jumped the horse on that. i do want to bring in dr. bornstein saying his office was raided by the former body guard and a third quote large man. he tells nbc news that the raid happened. the doctor used extreme language to describe said raid. listen. >> i feel raped. that's how i feel, raped, frightened and sad. >> and what exactly were they looking for? >> medical records, pictures,
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anything they could find. they must have been here for 25 to 30 minutes and it created a lot of chaos. >> drew, this whole thing is business czar to say the least. according to your source, this was not a raid. >> this took place more than a year ago. a source familiar with the hand off of these records saying this was nowhere near a raid. completely has a different opinion of what happened. what it was was the president shortly after being sworn in saw or heard dr. bornstein talking about his public, his health publicly. and the decision was made to get the president's medical records and bring them back to the white house. the president or the president's staff assigned keith schiller to do that. according to my source he
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presented or brought a letter to the doctor's house. accompanied by a trump organization attorney. and they came in person because they wanted to collect the records then. they requested a copy of the records. in no way did they say this was a raid of any kind. they stayed for about 20 minutes. that seems to match what the doctor says. but they just have a completely different interpretation. this was a request for the president's medical records and those records were handed over. >> dr. bornstein willingly handed over te records at the end of the meeting. >> yes. the source says the doctor, i will read you the quote. bornstein making a big deal about the request and seemed flustered and couldn't operate
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his copy machine. bornstein couldn't work the copy machine. in fact he had trouble finding all the records. the office was described to me as being disheveled. and finally keith schiller said give me the hard copy and we'll go. and that is eventually what took place. those personal medical records of president trump were given to him. the hard copies and the two of them left. it was in the doctor's right and he was right that he should have retained the original copies but he couldn't get the copy machine to work and that is why they were taken. this person, keith schiller, the presidential aide and the attorney did not rifle through any records or do any raids. they went to get the records and that is what they did. >> bringing in alex back and dr.
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sanjay gupta. have you ever heard of such a thing? is that even legal for a doctor to release something that was written by a president? >> no. i mean, never heard of such a thing. i don't know about the legality of it. it is certainly unprofessional. it is unethical. i haven't heard of it. and we kind of anticipated or expected or not surprised by this. not only because of the hyperbol hyperbol hyperbolic -- what i immediately thought of besides what was in the letter and the types of terms that were used. also makes me question even more
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what was not in the letter. if specific things are being told to say put in the letter then what was not in the letter. not only with dr. bornstein, but with dr. ronny jackson. there was a lot of hyperbolic language used there as well and that is concerning. because the language aside, you need to know everything. what do we know about the president's health right now? it is hard to say based on this new reporting. >> and alex, i understand dr. bornstein told then candidate trump what he couldn't put in the letter as he was dictating it, right? >> that's right. what we understand from dr. bornstein, then candidate trump in 2015, was calling him up and giving him this grandiose language with lots of superlatives. and it sounds like something the
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president would say. what bornstein said is trump was dictating these words and bornstein was saying you can say this, you cannot say this. and he definitely incorporated some of the language that the candidate wanted to include. and then he sort of put it into his own wording. so he got dictation in terms of the gist and some of the terminology, some of the phrasing and then he took some creative license and used as a mentioned, some of his dark humor infused it into that letter. so we have this amalgamation of both of these gentlemen. but the feeling behind it is coming from donald trump according to dr. bornstein. >> what is the procedure for a president to obtain medical records from a former doctor. or frankly anybody obtaining former medical records. can you just take your medical
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records? >> it is pretty interesting and it depends from state to state. the original copies are owned by the doctor, the hospital where the testing were performed. and patients can get copies of those medical records and they can correct inaccuracy. but in this case, going with an authorization, requesting medical records, getting copies of the medical records and having them for the patients, that is normal. you are entitled to those copies of the medical records but you have to give the authorization. thank you very much. on the u.s. border tonight. hoping of course to be admitted
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to the united states. cnn has been following the so-called caravan for some time now. latest on what is going on next. at t-mobile, we're committed to keeping military families connected. then momma ninja asked her littlest baby ninja, did you finish your dinner? so in honor of military appreciation month... active duty and veterans get half off select samsung galaxy phones. non-drowsy claritin 24 hour relief when allergies occur. day after day, after day. because life should have more wishes and less worries. feel the clarity and live claritin clear. and we got to know the friends of our friends.r the friends. then our old friends from middle school, our mom, our ex
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organizers say 17 more migrants have been selected for asylum. leyla santiago has been with the marchers practically from the beginning. what kind of movement is happening in the line for processing these asylum seekers? >> reporter: we've certainly seen more movement today than we did yesterday or the previous days as they stood in line right up to the door before they were stopped by customs and border patrol, claiming they did not have capacity to process these asylum claims. so yesterday they took in a small group. today they've taken a few small groups. we believe the total to be around 28 total migrants from this caravan now being processed. when i say processed, that means they will now have a series of interviews in which they will have to prove credible fear
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before they move forward in the process to seek asylum in the united states of america, a process that can take weeks in many cases, months before they have any sort of conclusion. >> you've been with this caravan now for, i think, nearly a month now. has anyone that you've been talking to made it into processing? >> reporter: we actually do know several of the people who have made it. in particular we have been following one mother. she is a pregnant mother of two. she's got a two-year-old as well as a six-year-old. her name is gabriella. i have seen her as she's been on a bus for more than 50 hours, as she has climbed her way up onto a freight train on a mound of scrap metal where her children have even had cuts as a result. i've seen her sleep on shelter floors at night, had problems of sickness for herself as a pregnant woman as well as her two children. she was actually one of the
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first to make it in. what i was told is that the border patrol officer came out, said, we can take eight people. the organizers said, can you give us a little more clarification as to who you want? and he said in order to avoid chaos, women and children. that's when the migrants themselves chose the first eight that would go in. and from what some of the migrants told me, they said, gabriella, go. so she was among the first to go inside to seek asylum. she said she is fleeing honduras because of violence. i have spoken to her relatives today. they have not heard from her yet, so chances are -- it's a bit difficult to track for right now, but she's likely still in detention waiting for her moment to speak to an asylum officer and make her claims. >> leyla santiago, thank you very much. up next, more on the breaking news that the special counsel robert mueller raised the possibility of a
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i think, keep going, and make a difference. at some point, we are going to be able to beat als. because life is amazing. so i am hoping for a cure. i want this, to uh, to be a reality. um, yeah. breaking news tonight. the possibility of a subpoena for the president, a notion raised by special counsel robert mueller in at least one meeting with the president's lawyers. cnn has this now from
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