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tv   Cuomo Prime Time  CNN  April 9, 2021 6:00pm-7:00pm PDT

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under the current conditions, they won't be able to. it may be six people allowed in the chapel at windsor. we will see how things pan out. details tomorrow. >> max foster, thanks very much. the news continues. have a great weekend. want to hand things over to chris. welcome to "prime time." matt gaetz made his first public appearance since his sex trafficking and prostitution scandal broke. a speech to a women's group. under investigation for sexual misconduct with women. >> let me assure you, i have not yet begun to fight. the smears against me range from distortions of my personal life to wild -- and i mean whiild conspiracy theories. i won't be intimidated and i won't be extorted.
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the truth will prevail. when you see the anonymous sources and insiders forecasting my demise, know this. they aren't coming for me. they are coming for you. i'm just in the way. >> you have heard this before, this, we are all victims of the deep state was a trump signature sellout line. will it work for gaetz when there's a different set of circumstances around him than trump? first of all, what he says was an extortion theory has all but fallen away. this investigation, remember, was started by the trump-run doj. in fact, then attorney general barr needed personal say so for an investigation against a sitting member of congress to go forward. how does that square? the crowd loved it. i'm not sure there were any doj investigators in that crowd.
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news that gaetz's friend is cutting a plea deal ups the stakes for him. that deal has to mean that greenberg has been cooperating already and probably for a while. another key point. feds don't ordinarily cut deals with someone for information about lesser crimes by others. you understand what i'm saying insaying? it's not for you to rat on people with information that is less than what you did. that means greenberg likely was offering information to fuel prosecution on equal or more serious grounds against others. remember, greenberg is charged with paying for sex, including sex with a minor, trafficking of girls for sex, girls provided drugs and money and a couple dozen related crimes. there will likely be other names
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introduced into this beyond gaetz, in addition to gaetz and a broader reach of allegations. one of the most troubling aspects so far on that point, gaetz has some explaining to do. you heard on this program last night, there's reportedly a trail of payments from gaetz to greenberg to other women, three in fact. one including actress, star who is in the adult entertainment business through venmo. an online app to pay people. likely for gaetz, he is in the gopq. they have a high appetite for scandal. the house ethics committee is opening an investigation into the congressman. we will see if his party actually goes after one of its own. gaetz can't be completely confident of his future. after all, he did reportedly ask the trump white house for a pre-emptive pardon and was
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denied. judging by something else that i want to play you that gaetz said tonight, he is either sure he can beat back the allegations or he is a very unique kind of clueless. >> i take the words of margaret thatcher to heart. if you want something said, get a man. if you want something done, hire a woman. >> no irony there. hire a woman. seriously? you are under investigation for possibly hiring women for sex. with these trumpers, you just can't make up the lack of shame in their game. there is more to dissect that's new information on this case, including this trip to the bahamas that feds are now scrutinizing. let's keep first things first. week two of the george floyd murder trial ended with perhaps the most important witness, the
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medical examiner who conducted the autopsy and issued the death certificate. dr. andrew baker told the jury, drugs, prior health conditions, certainly contributing factors to floyd's death, but -- >> mr. floyd's use of fentanyl did not cause the neck restraint. his heart disease did not cause the neck restraint. my opinion is unchanged. it's what i put on the death certificate. that's cardiopulmonary arrest complicating law enforcement restraint and neck compression. that was my top line then. it would stay my top line. it's a homicide today. >> this goes to the direct heart of the causation case. compression and restraint. the prosecution argues -- baker helped them with this -- not only was what officer chauvin
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the cause of george floyd's death under the law, but it was the primary thing that killedcc medical examiner. a forensic pathologist who helped train dr. baker agreed that police actions caused the death. >> the activities of the law enforcement officers resulted in mr. floyd's death. that specifically those activities were the restraint and the neck compression. there's no evidence to suggest he would have died that night except for the interactions with law enforcement. >> the defense has no burden to put on a case. but it in all likelihood will put on what they call a defense case in chief. that means they call their own witnesses. what will they be looking to do? what is the bar after what they have been up against in the
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first part of the testimony on the prosecution case? let's take it to the better minds. mark o' mara and dr. joy carter. good to see you both, especially on a friday night. mark, what did you make of the degree of strength of the prosecution case on causation? >> overall for the past two weeks, i thought they have done a great job. the cadence of the way they did this with the video to the bystanders and this week with the experts, they did a good job couching everything they wanted to couch. i will tell you, normally, as you know, they will start off with the medical examiner. get that out there, cause of death, did hehe did it. they left baker to the end for a couple reasons. he wasn't perfectly strong.
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he did talk about these other contributing factors. not critical but at least there's something there, which is why i think they brought on a couple of really strong witnesses before baker, almost to minimize or parse over what he did. again, i have to admit that this gives the defense at least some of what they need. again, all they need is to show that there's reasonable doubt. where they get that is from a lack of evidence or conflict in the evidence. a good defense attorney will say that what baker said isn't quite what tobin said or what thompson said. i think that there's a little sliver of light there that the defense is going to try to capitalize. you are right, they have to put on a case. they have to have their own witnesses, their own experts to try to open that sliver of light up. >> they only need one juror. doctor, what did you make -- did you agree with how it was presented today and the
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conclusions? >> well, as i have said before, both of these doctors are saying the same thing. they are making an opinion of homicide. they are mentioning neck compression and the subdural. that's what everyone needed to hear. they were questioned appropriately. >> the idea of the presence of fentanyl that in one of the early reports was characterized as a lethal amount or overdose amount in the system, where does that figure in your reckoning from what you have seen as in the priority of causes of why mr. floyd died? >> the only thing i can go by is what the medical examiner ruled as far as the official death certification. he has mentioned drugs were present. he did say that they did not by themselves cause this death. that's important.
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>> you have talked before about how the autopsy alone, doctor, can't determine the cause of death. that context matters. i want to play a piece of sound right now that you say needs context. >> had mr. floyd been home alone in his locked residence with no evidence of trauma and the only only autopsy finding was the fen fentanyl, then i would certify his death by fentanyl. >> defense says, forget about the context, you heard that autopsy would have been this was a drug overdose, that's all you need. is that true? >> that is not true. the circumstances of death are important. take your victim as you find them. if someone was found in an alley or in their own bed or in a vehicle and there was no action going on, that makes it a totally different set of
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circumstances. you have to look at the circumstances and where you find your victim. >> mark, what do you think? do you put chauvin on the stand when it seems like your chance to get him off the hook has nothing to do with how people feel about him but how they feel about the level of certainty of why george floyd died? >> that's a decision you contemplate from the first day he walks in your office and you never make that final decision until you have to right at the end of the state's case. it will be extraordinarily dangerous to put chauvin on. i would stop the video every 15 seconds and do that for 9 1/2 minutes. what is he going to say, three minutes after he had no pulse? extraordinarily dangerous. what you said was right, this is now going to be the battle of the experts.
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that's where the defense has the chance of reasonable doubt. i will tell you, chauvin can take away any chance of reasonable doubt if he gets on that stand and is less than perfect. i don't know how he can be perfect with the facts that exist. >> it's very hard for a jury, no matter how they feel about the politics around the situation, the level of indifference that chauvin demonstrated in voice and appearance during this episode is going to be hard for him to explain unless they can come up with some idea he was in shock. causation, i keep pounding this for the audience, because i believe it's the element here. they don't have to prove, the prosecut prosecutors, that chauvin is the only reason he died under the statutes in play here. how important is that? >> extraordinarily. it's got to be a substantial contributing factor. the idea if you take that to the logical extreme, the opposite, is that you can only kill
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somebody who is otherwise perfectly healthy. you can't kill somebody who has diabetes or who is obese or overweight. if the state can get that point across, of course, it only has to be a substantial contributing factor because nobody doesn't have any other factors. i think if they hit it that way, then the statute is there for that very reason. if you are the substantial contributing factor to a personal death, you are responsible for it. that's got to be the mantra of the state. >> is there any reasonable assessment, doctor, to put a button on it, that would reasonably conclude that the actions of chauvin were not a substantial causal factor? >> well, that's really out of the realm of the forensic pathologist. it is about the cause that they determine and they properly certify. that is up to a decision by those hearing these arguments.
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>> in doing the case law on it, in minnesota, they go to intervening factors of three, four, five other things. as long as what is being prosecuted is among them, the defendant gets stuck. here at best, you have two others. neither is going to qualify as a superseding, something bigger and more important than anything that happened before. it's going to be a very interesting case depending on what the defense can do on the doubt of the forensics. that as the doctor and you have been explaining is the part to watch. my guess is, chauvin doesn't take the stand. i will see if i feel that way next week. have a great weekend. thank you. more to come. we will follow the floyd murder trial all the way through and analyze it. it's the only way to do it. you can't get ahead of what you have been shown. you only know what they show in court. with gaetz, it's different. they are under investigation.
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matt gaetz decided that he is going to be up and strong in the face of the allegations. >> firebrands don't retreat. especially when the battle for the soul of our country calls. >> now, the question is, will congressman firebrand flame out or is he innocent like he claims? where is this investigation headed? how long will maga world stick with mr. firebrand? your crispy y to pay for bites of this... ...with this. when kids won't eat dinner, potato pay them to. ore-ida. win at mealtime.
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congressman matt gaetz speaking up from the safe space of a trump resort. >> i may be a canceled man in some corners. i may even be a wanted man by the deep state. but i hear the millions of
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americans who feel forgotten. >> again, i don't get the deep state thing in this context. this investigation was started by trump's doj with approval by attorney general barr. will this work? certainly, it will with the friendlies in maga world. he may be facing real questions from the house ethics committee. let's bring in someone who n understands that pressure well, charlie dent. he used to chair that committee. good to see you. >> good to be with you, chris. >> let me play you a little bit of what is a page right out of the trump playbook of how to deal with political allegations to the extent that gaetz is in political trouble. listen. >> big government, big tech, big business, big media, they would all breathe a sigh of relief if i were no longer in the congress. when you see the leaks and the lies and the falsehoods and the
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smears, when you see the anonymous sources and insiders forecasting my demise, know this. they aren't really coming for me. they're coming for you. i'm just in the way. >> we both know this is right out of a playbook. the question is, does it work as a good play here? what's your take? >> i don't think this is a good play. they aren't coming for them. they are coming for him. he has big problems. he cannot talk his way out of this one. these allegations are so serious that the ethics committee was going to take this up. i know what's going to happen. the department of justice will call the committee and ask them to defer their investigation. they don't want to have two -- doj does not want two investigations going on simul simultaneously. at the end of the day, matt gaetz cannot talk his way out of this one. between the sex trafficking,
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prostitution, fake i.d., impermissible gifts, these are all allegations, mind you, there's a lot here. a normal member of congress would feel some level of shame. they would resign out of respect for their families and their constituents and the institution itself. >> if they did it. the problem is, politically, you don't have do it. you have to have enough people think you did it. then you are in trouble. i don't know that that bar would be impossible for gaetz to get over either in the current state of your party. three of the five republican members on the ethics committee voted to overturn the election, including the ranking member. these are diehard trumpers who would lie about election fraud. why would they go after one their own in gaetz? >> my experience on that committee. jackie can be fair minded. i do think on that committee it's evenly split between republicans and democrats.
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there's clearly a consensus between jackie and the chairman to initiate this investigation. they couldn't move forward without a bipartisan consensus. there's clearly one. i do believe the members of the committee, behind closed doors, will look at the facts. they will make judgments based on that. that was my experience. i think that's the case on that committee. >> he has bigger problems. if he can clear the doj case -- there's no indictment -- don't you think on the political side this goes away as well? >> sure. if, in fact, there's no indictment -- >> mccarthy said that if he is not indicted, we're not going to take him off committees. you play by a different set of rules on the right than they do on the left. you would have never heard that from pelosi about a democrat. if he is not indicted -- i don't know it's a sure thing he gets indicted on anything like what the ugliest allegations are. what do you think happens
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politically? >> if he is not indicted, he will be able to claim victory. he has a problem with the ethics committee. they will look at that issue of him sharing pictures of women -- naked women on the floor. that's a potential problem. it may not be criminal. other violations of rules like impermissible gifts. i think we are a long way off from that. i did see members of congress on both sides of the aisle indicted. they stayed in office until they were convicted or pled guilty. then they resigned in short order. that's another scenario that's likely to happen if he gets indicted and convicted. he will be gone. he would be smart to get out quickly. >> he certainly does not agree. that's out of the trump playbook. we will see if trump keeps supporting him and the energy stays behind him as the investigation continues to yield information. charlie dent, thank you very much. the best to you and the family.
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one of the pieces that gaetz has to deal with in this expanding web is the bahamas. this destination that gaetz went to with a bunch of other people. the fbi is very interested in it. the reporting suggests they may have questioned women who were there. why? what does this mean about the extent of this probe? we have a former top gun at the fbi to take us through what matters and why next. scotts turf builder triple action kills weeds,
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government, unless they were brought there for that reason. that's where this goes from state to federal. it is now interstate. they have a federal statute called the mann act that prescribes that kind of behavior. while the congressman may play this as politics, federal investigators that started this under a republican administration with the say so of the republican attorney general who was trump's choice, this is bigger than politics. that doesn't mean they will make a case. let's look at what the latest is. "the new york times" reports that the fbi has questioned witnesses about whether there was an exchange of sex for money or travel. they have talked to one of the women and seized her phone. let's discuss how serious this could be and what it takes for it to be very serious with former deputy director of the fbi andrew mccabe. let us trust the audience that
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they have been following this and can get a little in the weeds. this is not that easy for federal investigators, let alone to go after a member of congress who is a political lightning rod and swing and miss. you can get gaetz for paying for sex and it's not a federal problem. you can get gaetz for paying for sex and someone traveled somewhere for the purpose of that, but can't prove he is the one who did the pay for the travel, and you still can't get him on the federal side. you have to prove that he paid not only for sex but to travel the person across the state line and that then if that person was a minor, then he is in real trouble, because you go from a ten-year maximum sentence to a ten-year minimum. do you have it right? >> pretty much, yeah. you cannot transport someone interstate for immoral purposes.
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you can't bring someone from one state to another state or out of one state to a foreign place like the bahamas for the purpose of having sex. that's why they are interviewing these people, these women who allegedly were on the flight to the bahamas, the other men on the flight who were alleged to have been on the flight as well. you are right, there are a lot of details that investigators have to parse through here. i have to say, it's not -- you don't need to find a piece of paper upon which someone wrote, here is $500 for having sex with me in the bahamas. there are reasonable, logical assumptions that you can make associated with that evidence. if matt gaetz pays joel greenberg a certain amount and joel greenberg transfers that to a woman who admitted she had sex with matt gaetz in the bahamas, you are closer to building a
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case. >> you pay tensattention to a d here that we were told may 15th is the date the judge set to work out a plea deal. why does that matter? >> it matters for a couple reasons. first, nobody pleads guilty to a case in federal criminal court unless they are cooperating. it's exceedingly rare someone comes in and says, didi did it pleads guilty. if we know they are planning on a plea on may 15th, it's almost 100% that greenberg is cooperating. if they are scheduling the plea for may 15th, it means that they have already proffered joel greenberg. that makes sense. we hear investigators are interviewing women who allegedly participated in these events, men who allegedly participated in the travel. it's possible that they got that information from joel greenberg.
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you can't go to court with just joel greenberg as a witness. he is banged up in all kinds of ways. you need to corroborate everything he says. investigators are doing that right now. >> feel free to say, i'm overstating it. in my experience in working with you, it was almost always my experience that you wouldn't give somebody a deal for equal ammo against somebody else unless the person was the head of an organization. if they were going to make a proffer of greenberg, it's because they offered information that was equal or probably greater than what they had on him. fair point? >> absolutely fair. you have to go up the chain. it's written into the u.s. attorney's office manual that you shouldn't cooperate people -- you shouldn't give member reduces in sentencing exposure for cooperating against individuals who are less culpable.
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if greenberg is getting a deal, it means investigators are interested in his information because he is leading them to someone or something more significant than just joel greenberg. >> gaetz denies the allegations. to be clear, other names will almost certainly be added to the mix. maybe greenberg gave them things on somebody else, somebody up the ladder, but it's not gaetz. when they do, i'm coming to you. thank you very much. have a good weekend. >> thanks, chris. news on the pandemic that we have to sort out. more are getting vaccinated. that's good. there are questions that are arising about safety, efficacy, production. they should not be ignored. we can say the vaccine is a good thing and we should get it but be honest about what it is and what it isn't. let's do that in a dose of reality from a big-time doctor next.
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some states are reporting more vaccine supply than demand.
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that is a rarity but it is popping up. we should see the trend. it shows that hesitancy could be starting to slow our quest to reach herd immunity. for example, mississippi reported 73,000 open slots thursday. why? maybe in part because of worrisome headlines like these. for states reporting adverse reactions to the johnson & johnson vaccine. three people reportedly dying of covid after being fully vk na vaccinated. is there more to this? let's get a dose of reality where we spot check the good and bad on the march to get past the pandemic. dr. wen joins us. you have a book coming out. i appreciate that. it's called "life line, a doctor's journey in the fight for public health." let's write a new chapter. when you look at these things,
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adverse reactions to vaccine, i was looking at the story when they closed one place and then i got pushed off it by the cdc and others saying, there's no cause for person. now you got a number of states doing it. cdc still saying not a cause for concern. why not? >> what's really important, chris, is exactly what you said, which is we really need to be investigating each of these reports. the worst thing that could happen is for the public to think that something is being covered up. it's total transparency that is key to establishing public trust. what's happened is there was an investigation in each of the cases to find out, was there something wrong with the batch of vaccine? they found out that there was no quality control issue. in all these cases, it sounds like what happens is the individuals reported some combination of nausea, busin dzs
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attributed to anxiety. >> i don't think they did that well. it was hard for us to figure it out. we are not like the kind of lowest common denominator who we have to please on this. you got the johnson & johnson vaccine. you have been looking at the data. obviously, your experience was good or would you would have to. in the trial, you got the placebo, right? in doing the research about the trial and the drug, do you have any problems with its -- not just the efficacy but the safety? >> i do not. i was in the vaccine trial where -- the two-dose trial. i ended up getting two doses of placebo but didn't realize until last week when i was unblinded. >> you were okay? >> we have data -- i am totally fine. very minimal side effects.
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i feel fine now. there were -- there is actually a report of four individuals with blood clots that may or may not be related to the vaccine. that's something that needs to be investigated. people do just get blood clots. when you have millions of people who get the vaccine, some people get blood clots. right now, i'm not concerned for myself or anybody else who got the johnson & johnson vaccine. >> in terms of why people want to get the vaccine, the cdc director says you can't get sick if you have the vaccine. you could have enough viral load to give it to somebody else. you see what they call breakthrough cases all over the country, even three dead in michigan. the easy pushback is to say, three dead falls within the margin of efficacy. these scare people. what do you think is happening? >> i think it's really important to point out that these vaccines, just like all vaccines, they are not 100%. they are extremely effective. more than 90% effective at
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preventing infections. that means some people are still going to get infected. sadly, some people are going to die, when considering who we vaccinated. the initial group we vaccinated are residents of nursing homes who are elderly and medical conditions and medically frail. it's possible that some people are going to get sick and in some cases very sick, mean unrelated to the vaccine. it could happen. what needs to happen now is the cdc needs to do more careful tracking of the braeakthrough infections. how many cases are there? are there variants that are involved that are driving these cases of breakthrough infections? are these people actually getting that sick? it could be people are testing positive but mildly symptomatic. that illustrates that the vaccine is working at preventing severe infection. >> right. i appreciate you. you make a point on top of a point, which is this is what the
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cdc should be doing. they should go out there, parsing all of the individual data, not leaving it to other people to figure it out for them. that's part of the job. thank you for doing it for us tonight. now, the only disease that we are facing here is not the pandemic, there is a disease of distrust in our institutions that fed into the big lie, that now has a wave of voter suppression going across america the likes that we haven't seen in a generation. the gop is pushing mass voter fraud. that's is what is spawning these. georgia was a battleground. lost. now texas is one of the biggest suppression battlegrounds. we will show you what a republican official there was just caught on tape doing. and we have an activist who is fighting back next. aliens are real, alright.
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there's just too much evidence. but ghosts? not so much. i mean where's the proof? show me the data. ooh, iced tea! kill weeds not the lawn with roundup for lawns products. to be a thriver with metastatic breast cancer means... grabbing a hold of what matters. asking for what we want. and need. and we need more time. so, we want kisqali. living longer is possible and proven with kisqali when taken with fulvestrant or a nonsteroidal aromatase inhibitor in hr+, her2- metastatic breast cancer. kisqali is approved for both pre- and postmenopausal women, and has extended lives in multiple clinical trials. kisqali is a pill that's significantly more effective at delaying disease progression versus a nonsteroidal aromatase inhibitor or fulvestrant alone. kisqali can cause lung problems, or an abnormal heartbeat, which can lead to death.
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i want you to see and judge for yourself the extremes that texas republicans are going to trying to keep minority voters from the polls. this isn't some hot take. it's not an outrage segment. it's sad.
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this presentation from a harris county gop official leaked by the advocacy group common cause. just listen. >> we're trying to build an army here of 10,000 people in harris county that are motivated and highly competent folks to serve as election workers and poll watchers. i'm trying to get -- encourage and recruit about 30 people in my precinct that will have the confidence and courage to come down in these areas where we need poll workers. this is where the fraud is occurring. >> now, where that red dot was, where do you think those are? the heavily black and latino parts of houston. now, the harris county republican party says the video blatantly see fraud and fishy
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business at the polls. is that a factual premise? >> absolutely not. it is proof that texas
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republicans effort at passing voter suppression laws is just that. it is not about election security, it is about voter suppression. it is about suppressing the votes of black and latino voters that's been turning out in harris county. so much that's making harris county a progressive stronghold. it is a false premise and this is a targeted effort by texas republicans to suppress the vote throughout texas. texas 7 bill, makes it illegal to proactively send in mail-in ballot applications. why are those so hard?
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>> fundamentally making it harha heahe harder to vote and cast your ballot. harris county in the 2020 election had innovations and in part response to the pandemic but in part because the county government there is interested in expanding the elections. innovation like 24 hours voting centers and late night voting, those all expanded electorates and allowing students and families to go to the polls. the laws are making now texas legislature is a blatant attempt to shrink the election. it is larger progressive movement to expand the electorate. >> if georgia is the template and other red state
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legislatures, you are go togoin to lose all of these battles because it is a question of numbers unless there is some shame campaign that keeps red people, you know red peo people -- listen to me, i am as bad as everybody else, keeps republicans from voting along from this new brand of orthodox which is the big lie. what does it mean of your chance of stopping this wave suppression across the country? >> we are viewing this as organizing sites. we have had web of amazing organizations at the state ledge right now that are doing hand to hand combat to play defense, organization sites like texas freedom network and texas rights project. another is the work that we do is we take it to the streets. for the second time we were outside the dallas headquarters of at&t demanding accountability
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and answers and there is absolutely a role for businesses to play. businesses especially like at&t that aligned themselves following the uprising of the black lives matter movement, this is time for the end of lyf service and companies like at&t to help us build history. there is still time in the clock in texas for these proposed bills not to become laws and it is going to take the totality of that organizing effort for that to happen. >> i know georgia is a scary proposition because it could be a window into the future of what happened in texas. brianna brown, you mentioned at&t several times. loudly and definitively, at&t, i work for them. they own warner television and owns cnn. that's our parent, parent
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company. thank you for making the case, i appreciate you doing so, good luck going forward. >> thank you for the invitation. >> take care. >> we'll speak again. >> brianna brown, thank you. we'll be right back. ♪let's make lots of money♪ ♪you've got the brawn♪ ♪i've got the brains♪ ♪let's make lots of♪ ♪uh uh uh♪ ♪oohhh there's a lot of opportunities♪ with allstate, drivers who switched saved over $700. saving is easy when you're in good hands. allstate click or call to switch today.
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rely on the experts at 1800petmeds for the same medications as the vet, but for less with fast free shipping. visit petmeds.com today. electoratorate electorate electe elec time for the big show tonight, big star, d-lemon. >> yeah. >> i didn't want to miss this, part of the second phase of hip-hop, he came strong in the late '90s. everybody remembers this song. "x going to give it to you." he was a breakthrough arti

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