recent images we want to show you just in from cnn from the thai royal navy. these are rescue teams entering today. >> this time, navy seal divers are racing the weather, rains are coming soon, a navy superficiofficial said they could start soon. we are back at 10:00 a.m. eastern for "newsroom." >> cnn live starts now. [ music playing [ music playing ] >> i'm in philadelphia, we welcome our creweviewers around around the world. president trump will make a decision on his supreme court

pick. al allen dershowitz, i will ask him in a moment. he says he is losing friends because he's defended trump. are we able to speak anymore with those who disagree with us? we'll discuss. barack obama's legacy is being dismantled, so why isn't the former president doing or saying more to stop it? i'll speak to someone with invite in that regard. how much can we learn about a nominee? if they tow the line, not much? for those that spent days and nights trapped in thailand, what do they need to do to stay mentally strong? i'll speak to a psychology all too familiar with extreme scenarios. first, monday at 9:00 p.m. east will be must viewing when trump

has his second pick in two years. it represents him to alter the course of history. when he filmed the seat once held with neil gorsuch, the court was not markedly changed. notwithstanding the seat should have gone to president obama's pick. judge merit garland, it did not alter the court's competition. this time is different. despite being appointed by ronald reagan. anthony kennedy was not always a reliably vote. he was so often the swing vote, the fifth and deciding jurist on a court surprised of nine. the future direction of the court will be altered if he puts a conservative, 5-4 with an unknown outcome decided by a 5-3 margin the question is who will

he select? in making a decision, he must choose, might he select a tra terrible main stream conservative? or perhaps go with a compromised middle american from michigan? perhaps he ran from the last time, a judge in pennsylvania. the main stream conservative is breath c brett kavanaugh, a former clerk for justice kennedy, whose shoes he might fill. he once worked for ken starr and opined a president's words can be used against him in a case obstruction of justice might be an impediment. the religious fundamentalalist choice, amy coney barrett a law professor who sits on the 7th court of appeals in chicago,

said to be the choice of social conservatives, this mother of seven, two children adopted from haiti, from the charismatic group people of praise, she once clerked for just tins an on theen socthe owe-o antonin scalia. he too clerked for kennedy or thomas hardaman from the third circuit court of appeals in philadelphia. those are the reported four finalists. although, with president trump, one neff knows who will be the last to be voted off the island. here are the most important stats about these potential justices, at least according to me.

kavanaugh is 51. there appears one certainty, president trump is about to nominate someone who called easily serve three decades on the court, further bolstering his standing for better or worse as the most consequential president of the modern era. so who do you think he will select? go and vote now. your voice is judge barrett, kavanaugh, kethledge or hard egyhardiman or someone else. the case against impeaching trump, professor, if the president called and so lis sol your advice, who would you suggest? >> i could never disclose, if he were to calm hypothetically, i would say the distinction is between a traditional

libertarian, conservative who respects precedent and an activist conservative judge who would impose, now i'll use gender, her views on the country. the beg issue with judge barrett is in her writings, she not only suggests that the issue of roe versus wade should be left to the states. but she implies there will be a constitutional right to life which if true would preclude the state from even permitting abortion. >> that is if there is a constitutional right to life, which the states cannot overrule, new york, california, pennsylvania, would not have the power to allow women to have abortion. she's written about the incident fetus. how we have to protect the innocent fetus the distinction

is kavanaugh might say the issue goes back to the states. we can fight it. with judge barrett. she might try to take it out of politics with roe versus wade. so there is a very, very important distinction between different kind of conservatives and i think the president will do well to appoint a traditional libertarian conservative with an open mind and, by the way, if barrett gets the nomination. she ought to have an enormous picture of senator fine stestei her office. senator feinstein, foolishly, unconstitutionally, challenged her religious views when she was up for election. >> professor -- >> she made her a hero. so if barrett gets the

nomination, it's judge feinstein's response -- responsibility. >> i'll come back to that in a moment. at the outset, i was asking a hypothetical, as if president trump called dershowitz, what would be your advice? the answer in which you necessitated me, did he call you? >> look. i don't want to get into whether the president has sought my advice. he has sought my advice on a variety of issues on the middle east. i have advised every president on the middle east during the last several decades. i will continue to do. so i will be available to add to questions and any president on the supreme court and to keep it between me and the person who shot my advice. i'll tell you, if he were to ask me or asks me, i would say that

kavanaugh would serve the interests of the american people in a fair constitutional analysis. perhaps more than barrett. i hope he picks somebody on precedent than somebody would impose her own reviews, whatever the source of those reviews. i wouldn't distinguish between religious views on the american people. >> i this i that answer cost you three more invitations on martha's vineyards. >> that's okay. i'm winning the battle the people on martha's vineyard are reasonable and decent. they have begun to condemn, a small amount of people, you have swent your life with civil liberties, we will top stalking to you. everybody would have been happy, including me, if hillary clinton were president if she were being

impeached or prosecuted or threatened. i'd be her strongest champion. i actually wrote a book defending bill clinton's right to not be impeached. i would be making them for hillary clinton rather than helping donald trump by making the civil liberty arguments. it's about intolerance and unwillingness to talk. conservatives are being shunned. conservatives are being denied the right to speak on campus. when you see serious people, adults wanting safe spaces, trigger warnings, not to be confronted with a view they support if it applied to a different person and hillary clinton rather than donald trump. ly not change. i will continue to make my position i make it in my book. the case against impeaching

trump. i will continue to make it in any format i am asked to make it. >> i need to ask you about today's "time's" story, which suggests via rudy guiliani there is a posture which says if mueller wants to interview him, he first has to make a showing there has been criminal conduct on the part of the president. that keep of a demand of an investigate i'd say would be unprecedented. react to that story, if you would. >> well, it's a smart tactic i think by the trump team to put this into a legal challenge context. nobody who is a suspect or a target, he's not a target or a subject of any kind in a criminal case should sit down, prosecutors don't want to meet with to you have you commit perjury. any criminal defense lawyer walled say don't sit down with a

prosecutor, byou have to strikea deal. both sides are playing hardball. >> hasn't the goal post been moved? >> yes. yes, i think he has. he has made it 45rer for the sit downs to take place. i think we can expect there will probably be a legal confrontation. trump will win some aspects of it. >> the final question. >> sure. >> important final question. let's circle back now. will the person who is announced on monday night by president trump ultimately play a role in determining whether trump has to answer the questions? is that where this is headed? >> it's a great question. the way the change may well go to the supreme court.

remember that when a similar case came with relation to president clinton the two nominated voted against him. one hopes for justices who can be objective. we saw a partisan decision. we didn't get that in other cases. you know, the terrible thing about america is we care so much who the nominee is. because the supreme court has become so partisan that it's no longer an institution just of law, of constitutional law. >> understood. >> who signatures on it determines what the law is. that's not good for the law, that's not good for america. we agree on that for sure. >> thank you, professor. thank you for being back. >> what are your thoughts? vote on the poll question, facebook, twitter, all the social media. >> potus under investigation should not be able to pick a supreme court justice until it

is over, he may be charged with treason or money lapdering. that's what i was asking a moment ago. if you bring this full circle, i think there is a fair chance, maybe a strong chance that wh whomever gather announced, that seems likely, could ultimately be weighing in, one more if i've got time. >> i think we need afternoon unbalanced supreme court to counter. >> casey, good sounds byte. here's the thing the quote/unquote extensive liberal media isn't making any law. i want to know what you think, go to my website, answer the poll question of the day. who will president trump nominate for the u.s. supreme court, judge barrett, kavanaugh,

kethledge, hardiman neighborhood, for a time he was the most popular figure at home and around the world, but president barack obama has virtually disappeared, publicly silent as his legacy is dismantled? why so quiet? our next guest will clue us in. 12 boys and sheer soccer coach stranded in a cave. what mental strength does it take to survive? we will get into the psychology of it all coming up.

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just two years ago, barack obama was arguably the most popular american on the planet. now he's all but disappeared from public view. while it's tradition for presidents to lay low, some say the leader is threatening norms and presidents like barack obama have a moral obligation to weigh in. why is he staying so silent? gabriel debenefditti tried to

address that. gabe, you paint a picture of him being disassociated while the dismantling of his legacy is taking place. explain. >> well, that's mostly right. he is monitoring the newsroom from afar. he is outraged in this story. he's decided not to follow along on twittered a not be watching cable news, he is writing his book, building a foundation, traveling a lot and giving speeches. three parts to his reasoning, first he wants to respect the president. he respected what george w. bush was doing in early 2009 and 20 so he was dock things that bush would have agreed with. another part is he doesn't want to turn everything into an obama versus trump fight. he is trying to create space for

other democratic leaders, they're the ones that have to move the party forward. the other part he knows any time he weighs in on things, he consolidates the republican party behind donald trump. because of the nature of these things and what he doesn't want to do is make it easier. he has decided to take a step back. it is considered what he was going to do. >> of all the thing on the trump presidential watch. you write that it was the boy scout speech. what the tone was when president trump spoke at that jamboree. roll it. >> do you remember that incredible night with the maps and the republicans are red and the democrats are blue and that map was so red, it was

unbelievable. did president obama ever come to a jamboree? >> gabe, explain how that was dealt with by president obama, how that impacted him? >> well, he decided ultimately not to speak up about this. but this was one of the many things that troubled him because of the message that was sent to young rising leaders. he basically made a case to his friends, some of the work has to be to inspire and build up the generation of the leadership, that age group are basically sponges, and in that particular case, what they got is this divisive political message instead of a speech of civility and inclusiveness in a speech that president obama would have given. in the background, talking to friends and allies, he was

stewing over the fact that president trump was poisoning the minds of the next leaders and he spoke up making theal calculation, had he done that he would have turned it into yet another partisan conversation. that's not the way you want these things to go i can't help but hear and i read and thoroughly enjoy the piece between president clinton and obama. it sounds like president obama recognizes if he were to enter the fry he probably plays well to trump and trump's base, president trump loves to make everything about obama and checkpoint. so obama is resisting. secretary clinton seems like she can't resist. she is still via social media and live events playing a role. >> that's certainly true. she is weighing in more than obama is. of course, there is a

difference. but of course she feels there are pieces of the campaign that were not properly litigated or covered well in the moments. she feels she has a role in the standard bearer. obama feels his role and understands that he is a face of the democratic party and its most recent leader, but the way that he thinks about these things are sort of as his role as being a civic leader for the world rather than a political leader right now. >> thank you, gabe. it will be very interesting to see if that holds through the mid-term election. based on what you wrote, i suggest it will. apart from being behind doors. thank you. let's see what you are saying. what do we got coming in? the only way is too well respected and does not want this

sign to be his legacy. i don't see who is filling the void? i get the mindset, president obama says it's not my time now it's somebody else' time. that pre supposes somebody will assume the mantz him. so far that person has not clarified or emerged. next up, we think we know what justice nominees stands for. are they really good at telling us what we hear until it's too late? my next guest sat in many a scotus hearing. a psychologist gives us a sense of what those boys in thailand have to contend with mentally. consumption of very acidic foods can wear away your enamel. once they start wearing down, your tooth is going to look yellower, more dull. i recommend pronamel toothpaste because it helps protect and strengthen your enamel.

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as i hear you, you do not believe that there is a general right of privacy as in the constitution? >> not one deriebed in that fashion. >> that was 31 years ago and arguably, it was the last time that a supreme court hearing lived up to the billing. robert workanbourque. answered to his detriment. now it's the kennedy seat president trump will announce at 9:00 p.m. east on monday night. ever since bourque nominees follow the first rule, do not harm, how much will we really learn from the hearing process? where republican senator susan collins said she will not support a nominee with a

hostility to roe versus wade. will we even learn the thoughts on that press dent? the dean of the university of baltimore school of law, he was count sell to senate democrats roberts and alito. then at the justice department, he worked on sonia sotomayor and elena kagan and senator to kennedy in the hearings in the 1990s. deny wiesh i i think of the job as a white house pressing is. meaning, keep your mouth moving, but don't say anything of consequence. >> well, first of all, thank you for inviting me to be with you. this is an important moment as we head into the supreme court nomination process. i think you are a little cynical. you are right, nominees are on guard. they know they can hurt their candidacy by saying the right thing. they know where the pitbulls

are. i think these are individuals who provide views and it gives them a sense of who these individuals are. after all, many will serve decades and this is high stakes stuff. >> so let's drill down on roe versus wade, senator collins said the following to my colleague jake tapper the other day. let's watch. >> i would not support a nominee who demonstrated hostility to voe v. wade, that would mean to me their judicial philosophy did not include a respect for established decisions, established law. >> dean wiesh, in recent hearings, here's the way in

which that issue has been dealt with by several nominees. quick montage. >> do you see any erosion of precedent as to roe? >> again i think i should stay away from discussions of particular issues that are likely to become before the court again. >> it is a precedent that has now been on the books for several decades, it has been challenged. it has been reaffirmed. but it is an issue that is involved in litigation now. >> would it be legal to terminate that child's life in. >> i can't look at it as an abstract without knowing what state laws exist on this issue or not. >> the supreme court of united states held in roe versus wade that a fetus is not a person for purposes of the 14th amendment and the book explains that. >> do you accept that? >> that's the law of the happened. i accept the law of the land,

senator, yes. >> reporter: dean wiesh, what itself the appropriate question for around earnest senator to askf a nominee on this issue in. >> let me say with all respect to senator collins. i think she has misstated where the burden should be in this instance. we have a president who has said very openly on the campaign trail and eggs where. he has a litmus test. he intends to nominate people who will overturn roe versus wade. it seems to me a nominee has to show acceptance of roe to satisfy senator collins and those on that issue. more generally, senators should be looking for someone who will not obsess the constitutional consensus on not just that issue, but many other issues before the court. and nominees will be reluctant to commit to certainly they should not commit as to how they will decide a case in the

future. they will be asked, do you accept doctrines? they should accept that right to 45 nasa roe versus wade and casey and subsequent questions. >> is it proper for someone to focus his vote on someone pledging not to terminate roe versus wade or does that go too far? >> the government doesn't limit the basis of the vote the senate as a whole a political question, as to how far the senator wants to go in relying on an aspect of a nominees record. i think the stakes are so high here, this president will hold the seat for 40 or more years. he's already filled it, a previous vacancy, because the senate failed to approve of judge garland, having filled one

vagueancy, he has another of the swing seed of justice kennedy. i think they should have a high hurdle. >> would it be fair to say judge whomever, because they're all circuit court judges were told, i need to know, will you vote to uphold roe versus wade if given the opportunity? is that the appropriate question? >> i think it's a wrong question. >> tell me what it is. >> do you accept roe 51st wade? two years ago from texas, which tells there are certain restrictions that place an undue burden on a woman's right, do you accept these preference? the nominees will do some of. this we saw nominees willing to accept without question the

decision for example in brown versus the board of education or griswald, that kind of accept vans of federal constitutional law is what senators should be looking for here. >> thank you so much for your time and expertise. >> thank you for having me on. >> what do we have from facebook or twitter? a lot of reaction. it turns out if a president could be decide, wouldn't that speak to obstruction of justice? susan berger it's like all of these players are much more sophisticated than that. i don't think that the president would ever be so foolish to ask that given the mueller probe, similarly, he would know i would think to ask for direct response, all done much more wink, wichg, nod, nod, your

question i think would be wholly inappropriate. they have written that a potus should never be under investigation for that reason, because trump will be trump. i think that's who he will choose, yes, vicky, cavanaugh also went working for ken starr. took the position that things that the president had done relative to obstruction, if you transferred the line of thought to what went on in this case, the president dictating air force one about the trump tower meeting, sorry, i'm so far into the weeds, i'm suggesting there is an alternative way to look at kavanaugh, his beliefs if aride in donald trump would be problem mating for trump. so, i don't know, that might be a wash. i want to remind to you answer the survey question. who will president trump select? we get the announcement mopped

nieshlts judge barrett, judge c kavanaugl, judge hardiman. next up, after so many days and nights for those boys trapped in a cave. i find myself reoccupied with their mental health. how can people keep it together? a psychology with expertise weighs in next. i landed.

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. we have been getting more information today about the 12 thai boys and soccer coach and letters exchanged between them and the outside world. in a letter sent to parents through drivers, the 25-year-old soccer coach told them he was sorry. several parents wrote back and assured him, it's not his fault. in others, parents sent messages such as do not ware. we are not mad. we love you. i have been wondering about a related issue. how do you stay emotionally intact in an ordeal such as this? what are the ramifications?

jessica weil joips me now. she has done a lot of studying on this, professor, what is your strategy for the fitness of these boys while they are undergoing this ordeal? >> well, there are a few strategies that will help them stay safe and mentally well. one of the key strategies is to focus on how they will get out rather than thinking about, why did we come into this cave? why did we make that decision? why aren't we getting out today? so they can focus on that, many people, there is a rescue mission that they are going to get out. >> that they have been found and how that is going to happen. >> that will keep them healthy. the next very important strategy is they have to keep to a routine, so it's very difficult in darkness in a cave when their sir cadium rhythms have been erupted and try to have a similar number of hours they are

awake each day and this will help their body to adapt to be figure darkness and can help them also to emotionally be in that state. and the other helpful strategy would be to try and do a little activity. obviously, this is really difficult in this circumstance where they are. but a little bit of activity such as simple squats or stretches, just something to keep them moving a little bit. >> that will help their health as well. that i have a long road ahead of them. they are at risk of developing anxiety around close spaces when they come out and also, obviously, post-traumatic stress disorder. >> are children of this age group fully formed with regard to clauft ro phobia -- cloft clostrophobia? >> kids can develop cloft cla t

clostrophobia. one of the things that can happen when we are trapped in a confined space . when we are outside, like a room a bathroom, we may get a sense of havoc. they may not want to close doors when they are out. that's very common. of course, this may not develop. it's quite a common outcome from being trapped inside a cave. >> finally, i guess it goes kout saying, we don't tell them there has been a fatality with regard to the rescue. >> absolutely not. if they're rescued by diving out of the cave, that's a five-hour mission. we don't want them to know how dangerous it is. >> that will raise anxiety.

they have to stay calm to get out. giving them new information about what steps to rescue them will help them. telling things all the dangers is less helpful. >> professor, thank you so much for your expertise. >> thank you. >> still to come. the best and worst tweets and facebook comments. like this one. i cannot imagine the state of mind of their parents who understand the obstacles their kids are up a against. bless them all. to my last question of the professor, the parents fully appreciate all the dynamics in a way the children presumably do not. god speed. don't forget, vote right now on the final question of the day, smerconish.com. there are the presumed four finalists and, of course the category of "other."

we'll give you the results on that in just a moment. . .

all right. time to see how you responded to the survey question of the day. at smerconish.com, who will president trump nominate for justice of the united states supreme court. survey says -- how many votes were cast? what do we have here? 7,533. 49% say amy coney barrett. interesting. brett kavanaugh comes in second at 17%. the "other" category, then judge kethledge and then judge hardiman. the "times" reporting it is

kavanaugh and kethledge who are the final two. amy coney barrett, of course, had the interesting exchange with dianne feinstein when she was first confirmed to her current position. social media reaction, what have we got? smerconish, dershowitz comments are based on the law, not a partisan opinion. you may not like what he has to say, but what he says is law based. i'm not sure, bmac, to which of his particular comments you are referring in particular, but i enjoyed having him here as usual. next, what do we have? smerconish, the reason president obama disappeared is because he is, unlike the current potus, a class act. he knows the people will wake up from this trans one tay and realize they've been duped by a dictator juana be. frank, i was making the point it has to be extremely difficult for him to be disassociated from what is going on, not least of which is dismantling of the affordable care act. it will be interesting to see whether he re-emerges in the

fall pertaining to mid terms. i don't think that he will. what else do we have? trump wants a woman to help overturn roe v. wade because it would look bad if a bunch of conservative men did it. well, that argues in support of judge barrett. i don't know that that's the case. i don't know that he really is motivated by that issue the way that some suspect or ascribe to him. i mean he was never, you know, a virulent opponent of abortion when he was the developer in new york city, right? one more if we have time. think we do. let's to it. trump will appoint a woman. obama's appointed two. we know that trump has obama-envy and wants to try to replicate anything done during obama's tenure. that may be the winner. folks, find me on social media. i will see you next week. ♪ come fly with me, let's fly, let's fly away. ♪

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dream faster, and above all... now, i'll dream gig. now more businesses, in more places, can afford to dream gig. comcast, building america's largest gig-speed network. this is "cnn breaking news." good morning to you. it is saturday, june 7th. i'm victor blackwell. >> i'm diane gallagher. you are in the "cnn newsroom." we are following two big breaking stories for you this hour. first, mixed messages, north korea calling the u.s. attitude regrettable, warning that nuclear talks could falter as u.s. secretary mike pompeo wraps up two tadays of talks there. starting with breaking news out of tie land where a navy official says rescue efforts to trap the team trapped inside a thve could start soon.