in the nba. lebron said in the past he would do whatever it takes to play with his son. he was asked about that after l.a.'s game three win. listen to this. >> i'm still serious about it. obviously i have to continue to keep my bod y and my mind fresh. my son is going to take his journey. however his journey lays out, he's going to do what is best for him. because that is my aspiration and goal, doesn't mean it's his. and i'm absolutely okay with that. >> he's also okay with a game four tonight on our sister channel tnt. warriors and lakers. l.a. leads that series 2-1. lebron is so proud though, phil and poppy. of course, you know, the cool thing about this, usc's games are played just five minutes down the road from where dad plays his games. >> i love that. >> dad's dream right there. as always, thank you so much. thank you. cnn this morning continues right now.

>> investigators now believe the attack that killed eight and wounded at least seven others was connected to right-wing extremism. >> the guy just had his neck like this and blood just dripping down. >> we don't do something, it will happen again. it could happen anywhere. at any time. >> the border patrol and the fbi working to determine the identities of the eight people killed when a driver plowed into a crowd between 20 and 25 migrants were sitting on the curb waiting for a bus. >> driving that fast, people around there, there will be some sort of reckless, maybe criminal action. this is a huge consequence. >> in early june, there is a day we're unable to pay our bills. financial and economic chaos would ensue. >> president biden has determined that he doesn't want to negotiate on this. >> we have to avoid default, period.

still stop. >> on the front lines in the east, russian forces are increasing their attacks on ukraine. >> a very public rift between russia's defense ministers. ukrainian officials are interpreting that as potentially a turning point. >> ukraine is doing everything it can to prevent russia from bringing home a victory ahead of may 9th. >> i here present to you king charles. >> more than 2,000 gathered in westminster abbey for this once in it a generation event. >> coronations are a declaration of our hopes for the future. and i know she's up there fondly keeping an eye on us and she'd be a very proud mother. >> it is top of the hour. good morning, everyone. we're so glad you're with us. kaitlan is on assignment this week. so great to have you here. of. >> i haven't broken the place yet. >> how you going that wakeup call? >> it's a good wakeup.

i'm a morning person. >> we're glad phil is here. we start with serious news. investigators are looking at far right extremism as a possible mote it for the mass shooter that killed eight people at this texas outlet mall on saturday. a senior law enforcement source says that the gunman had a patch on his clothing with the letters rwds which please believe stands for right-wing death squad. the we're told he also had a lot of social media posts that rela relate white supremacy. the gunman calmly got out of his car. he just opened fire on shoppers outside of the h & m store. we froze that video right before he pulls the trigger. but 11 seconds from the first shot fired, we counted 24 gun shots. here's how witnesses describe the rampage. >> my daughter and i were eating inside of the burger restaurant. we started to hear commotion

outside. we started seeing the people run. and then we started to hart gun shots. and then you could tell that it was getting closer because the shots were getting louder. >> i just told people to go behind me. i told them to run. and i saw two ladies rushing towards me. and then one was like someone is shooting. someone is shooting. right behind her on the other side, right in front was a guy that just had -- he held his neck and blood just dripping down. >> in the beginning, we just heard the tail end of the shots was terrifying and startling. we couldn't determine that they were shots. and then after that, one of my co-workers yelled there is a shooter. then we heard sirens on sirens on sirens. >> as watching the shooter run across, he's not running, but he's in a deliberate assault type move. he was firing. sh he shot four or five shots as he proceeded towards the hamburger

place. and a few moments later, we saw a police officer and came across in front of us like he was in pursuit of the individual. >> it was a guy on the phone. he was begging for help. he didn't speak a lot of english. i took the phone from him and told the operator, i started counting the bodies on the ground. i said i have one, two, five, six, seven bodies. >> wow. >> we want to show you the victims that we know of at least this morning. we're now learning the names of some of those killed. 20-year-old christian lakor, security guard at the mall. his family described him as sweet, caring, and a beautiful soul. local cnn affiliate wfaa is also reporting the name of another victim that is ishwari hikanda, an engineer from india. >> so much more to come. joining us now is cnn's chief law enforcement and intelligence analyst john miller. john, i want to start with we have sources saying that authorities are investigating

possible links to right-wing extremism. what are we hearing about possible motive? >> so, what we're hearing is he's got postings and he's in places where right-wing extremism is being discussed. of course, there is the perceived right-wing death squad, you know, initials patch which is another point there. but the reason they did the search warrant at the home and then the reason they rolled back to the search warrant at what appears to be a transient residence, he was actually living at after leaving the home, is to find what did he leave behind? is there a note? get his phone, any computers, any saved media. they want to go deeper into where was he going here? and, for instance, you know, from a behavioral science standpoint, what were the stressors in his life that might have been pushing him towards something desperate. why was he out of the home into a transient place? had he lost his job? what was his background in the army? had they need to peel back the

layers. but something really interesting. look at louisville, lots of notes. nothing was released to the press about what he was saying. look at the nashville shooting, same thing. we're seeing a trend towards that stuff going to the experts for analysis. but not being put out because they're trying to remove the payoff. the deny the objective. if you want attention and be heard, that's why you do it, let's get away from that. >> that's interesting. given your former position, do you think that is a net positive or do you also see the cy conce? >> both. i mean, it's a three-level thing. number one, from the behavioral science point, you want to know what is driving the shooter so you can get deeper into that area. let's say it is right-wing extremism. two, from a transparency point, the public wants to know and it's our job to deliver that. the third piece of is

complicated, what is for the greater good? are we encouraging saying you can be famous? your voice will be heard now as it wasn't in life. >> pretty graphic video photos. you see a photo of the shooter, tactical vest and ar style weapon at least one, perhaps more as well. >> that and handguns. >> and handguns. what does that tell you about his appearance going into an act like this? >> you're looking at somebody that is coming out of the military, a trained security officer. in texas, there are a couple levels of certification. he has the second level, trained in firearms. but there is also this warrior complex that the shooters have where they get the tactical gear and they get the weapons that they wouldn't be carrying at work and they see themselves as some kind of warrior and they attach to an agenda because when you peel back to the bottom of many of the guys, it's because they were no one with no friends with no group. and they attach to something they can be a part of and they

were still failing in life and lashed out. so, these are the things that make them part of something that they never felt they were. >> i'm interested in your take on texas in particular. we heard from governor greg abbott. he gave an interview to fox news yesterday. he talked about the need for more funding for mental health, making those allegations. we've also seen gun laws in texas in particular really loosened in the past few years, a couple of them, 18-year-olds can carry handguns with no permits, no training is needed in texas for using these guns. open carry laws. and i think it's interesting "the new york times" made a connection yesterday saying that many authorities in texas have told the times they have seen an increase in spur of the moment gunfire since september 2021 and that's when the state ghana loug most adults to carry a handgun without a license. >> you're seeing a loosening of the gun laws in florida as well. people are attaching these agendas actually to politics. and tracking back for a minute

to the louisville shooting, you know, this individual left a bank. his note which we did some reporting on, although that hasn't been released, actually said part of my agenda here was to show how a person with such obvious mental health problems could walk into a store and buy an assault weapon and go do something like this. >> happens so much, so often. thanks for the great reporting as always. you have a lot more work to do. there will be more reporting coming based on my experience working with you the last several months. >> thank you. >> also in texas, in brownsville, eight people are dead after an suv plowed into a group of people on sunday. it happened outside a homeless shelter that is housing migrants. the driver is not cooperating and instead giving authorities different names. brownsville declared an emergency after a surge of migrants over the past few weeks. cnn's reporter is there.

nick, have we learned anything at this point about the driver? >> phil, the fact that driver is not cooperating with authorities is making increasingly difficult to get to that motive. but authorities had initially indicated that this potentially could have been an intentional act. they since backed off from that claim saying now that their investigation into this violent crash continues. all of it was captured on surveillance footage with video showing the range rover that the suspect was driving, traveling at a high rate of speed and appearing to lose control into a group of two dozen migrants, some seated on a curb across from a shelter. witnesses, however, describe something a lot more sinister. they believe that driver intentionally blew through a red light before veering into them and plowing into them. investigators say this they will hold a press conference later this morning. all of this, of course, unfolding just days before title 42 is expected to sunset that trump era border policy which has a lot of people anxious

about the incoming mi krags that w -- migration. >> greg abbott is going to speak about title 42 in an hour. what do we expect to hear from him given that border situation is near a breaking point right now? >> we heard him be very frustrated in recent months. we can expect more finger pointing and blame towards the biden administration. but preparations that the dhs secretary has defended in a recent interview. just take a listen. >> we've been preparing for this for quite some time. we tried to end title 42 repeatedly. and we're stopped from doing so by the courts. so, we are prepared, number one. number two, we have a migration information center that is specifically set up to communicate with state and local officials and we have been doing

so. >> the press conference from texas governor greg abbott expected to happen an hour from now. that updated press conference from police in brownsville expected to happen in the 10:00 hour. >> nick, thank you so much. now to this. it looks like russia's mers on airy boss is backtracking on the threat to pull his troops from a crucial battle in ukraine on friday. he has come to be known as putin's chef blasted russian military leaders and accused them of withholding ammunition from his men. he is now suggesting they will stay after being promised more supplies. for the big picture, nick paton walsh joins us on the ground in southeastern ukraine. was it all a bluff, nick? >> yeah. poppy, incredibly hard to know. i think only he himself and the boss can answer that question. but fundamentally here, it's only really him that is being

making statements about withdrawing and now saying he's got what he wants and, therefore, he'll stay. remember, he appeared in front of a collection of his own dead mersonaries saying they died because of a lack of ammunition. they've been having this public conversation with himself with the exception of a brief comment by the kremlin spokesperson. he was aware of media reports. but it's been a startling moment, frankly, of dissent inside the kremlin ranks. very rare indeed. very important time, too, ahead of tomorrow's victory day parades inside of moscow where russia talks about the victory over the nazis. they had almost vowed to take the key city . that is not going to happen. we had this remarkable statement where he unilaterally said we're leaving because we don't have what we want. quite what led him to change his mind here, we'll probably never know. but added to that general sense in the last week or so, they

were increasing members of russia's elite making very vocal comments about how badly the war is going:t. this is just ahead of the counter offensive. showing signs of being under way. already experiencing low morale, certainly. overnight. we've seen some, again, evidence of how russia is likely to respond to any ukrainian advances 35 drones launched at kyiv. all of them taken out. five people injured from the debris falling from the sky and separately eight missiles attacking the port city of odesa where one night watchman was killed. russia continuing to lash out, sending the messy signals and ukraine staying quiet on the military maneuvers but showing signs it's a counter offense sieve under way. >> nick, appreciate that reporting from southeastern ukraine. thank you very much. phil? new polling rallying around washington yesterday, president

biden trailing donald trump for the race for president. we'll break down the numbers next. >> the ex-girlfriend of tiger woods is accusing him of experiment. what -- of sexual harassment, what we're l learning ahead. >> woman: why did wewe choose safelite? we were loading our suv when... crack! safelite came right to us, and we could see exactly when they'd arrive with a replacement we could trust. that's service theway we. >> singers: ♪ safelite repair, felite replace. ♪

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why would an 82-year-old joe biden be the right person for the most important job in the world? >> because i have acquired a hell of a lot of wisdom and know more than the vast majority of the people. i'm more experienced than anybody that's ever run for its office. i think i have proven myself to be honorable and effective. >> president biden brushing back concerns about his age and arguing experience makes him the top candidate for president again. but different story is told in the new numbers from a "washington post"/abc news poll. americans are not really feeling the same. his job approval rating in this poll stands at 36%, down from 42% in february. in a thoehead-to-head matchup, of americans say they will will pick trump. there is a lot here. of other political headlines,

joining us this morning, national political correspondent at the "new york times," shane golmacker and eric lewis. caveat to the 36% number. there are some who are asking is this an outlier? it is off like five, six points from other polls. also, this poll was a poll of voting age adults rather than likely or registered voters. but net-net this is not good change for the president. >> yeah. you want to look at a direction of the poll. the direction is down. it is the deeper numbers that are more problem at nick this poll. questions about his mental acute. voters think that he just doesn't have it. and including a chunk of democratic voters and a big share of independent voters. and the thing is, how do you fix a problem where voters think you don't have enough there to continue being president? that is a tough challenge. that's not an ideological challenge. that's not a we don't like what

you did on this policy challenge. >> and it's -- it's unclear how this is going to play out politically. the independents have to be especially worried about and they have to be especially worried about whether or not this attitude translates into negative votes. there were questions that were raised in the second term for reagan who at the time was the oldest person ever to be and to run for president. and it was -- it didn't play out in a way that was negative. he won 49 state when he ran for re-election. clearly, joe biden would like to replicate that. but it's not clear how you do that. the i would also point out just as a sign of the kind of political challenges that they have, people who are wide and who are competent don't sit on national television and say they're wise and competent. there roer are other people say it. they have to figure out how to make that happen. they're at the beginning of a very interesting season for themselves. >> was it walter mondale in the

debate about my opponent -- >> my opponent's youth against me, reagan. >> there you go. >> do not exploit my youth as inexperience. >> there you go. >> like me, i think you got the full rundown from the president's advisors as to why they believe they can address this issue. why they believe this is not the prevailing issue. i tl like you, i thought this is more of an issue than they think it is. maybe the poll is an outlier. what the do you think the campaign wants to do, needs to do, thinks it should do related to this issue that they don't really want to address publicly all that much. >> yeah. the first thing is that they are making the argument that he's not the only old candidate, right? >> which is true. >> he is also the oldest president in american history should he win in 2024. but the poll shows problems with that argument which is only 1% of voters thought donald trump was too old. they would both be the oldest

president. but that's not a thing that is resonated. >> that stood out to me, too. 26% for biden and 1% for trump who are really concerned about it. what about on the economy? if it is the economy, stupid, if that's what people vote on, right? then it's not good for -- it's not good for president biden. 54% to 36% margin people think trum trump did a better job handling the economy. >> again, a political challenge for this administration. he has every right to turn around and say, listen, which part of the economy do you have a problem with? is it the 3.5% unemployment? is it the inflation which while troublesome is headed in the right direction which is down? what part of this are you upset about? we're back to prepandemic levels at employment in most regions and every state. so, he's got every right, i think, to sort of go out and tout his economic program. in fact, i think those age

numbers really in some ways are like a proxy. there is something that people are not happy about. there is something that made people unsettled whether it's the economy or something else. and they're aiming it at age and saying there is something wrong here. of we're not sure what it is. we don't know if this the guy that we want to steer us through this rough patch. >> shane, as you look at the macro issues of the biden campaign, the president faces, he says they're micro but there are macro ones, how do you think this plays out? you look at the two positions pt completely incompatible. they always seem to find a way. this time is a little different. reassure me, please. >> i don't have any reassurance they're going to find a solution. what we've seen is this white house thinks that voters are going to blame republicans for being too extreme. if you want to ask what is the answer to the age question or the debt limit questions, republicans are too extreme.

they branded them too extreme repeatedly. that seems to be the approach. they said they're so extreme by making any concessions. now they're there are specific done sessions. the joe biden original stance that we're not going to negotiate is not going to be a long term stance. he already has breakaway democrats saying that's not going to work. they have to come to a table in some sense and find a way to meet the ajegenda republicans have. >> let me just pull this up to ask you about something that just crossed. rockland county, north of new york city here, declared a state of emergency because migrants are being shipped from number of states but texas, florida, up to states and new york city. and now new york city says they'll take some of the migrants and put them in rockland county. this is a huge issue for this administration. title 42 ends on thursday. >> some of this is stage-management and strategy.

that may have gone wrong. this is new york city saying, look, we'll pay the hotel bills for four months for the people. a stone's throw from new york city. we'll provide them with services and so forth. the way it landed in the suburbs is like oh, my god. they're sending all these people here. we're going to declare a state of emergency. the reality is it's somewhat different from texas sending a bench of people here, you know, no health screenings, no clothing that is weather appropriate. just dumping them at the doorstep. new york, right from the beginning, it suggesting that the upstate counties might be good places for these folks to end up. and they're going to have to have a much better conversation. people should not be getting surprised that all of a sudden 200 people, again, all expenses paid and with services and so forth are going to land on their doorstep. that's sort of making the problem that new york city has

had for the last year one that's going to spread statewide. and it's going to get everybody riled up and upset and i think if that's the only policy that we're going to have in new york and other places, what a mess. what a mess. >> yeah. >> riled up and upset. that is the policy direction of a lot of things. i'm happy you're here. i was going to steal your reporting. thank you so much. >> also, a source telling cnn investigators believe that saturday's texas mall shooting could be connected to right-wing extremism. ♪ ♪ ♪ ♪ get 2.9% apr for 36 months plus $1,500 purchase allowance on an xt5 and xt6

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texas governor greg abbott attending a memorial for another mass shooting in his state. this one last night held for the community of allen, texas. a gunman killed eight people saturday at an outlet mall. these are the mass shootings that have taken place during abbott's tenure as governor. tlpt have been calls for stricter gun laws ach each shooting, abbott rejected the

calls. he has drawn attention to mental health. it is a common refrain over the last few years. >> we all know that this is something we must address as a nati. a better job to address mental health issues. >> too many texans have lost their lives. the status quo in texas is unacceptable. >> we as a state, we as a society, need to do a better job with mental health. anybody who shoots somebody else has a mental health challenge. there has been a dramatic increase in the amount of anger and violence that is taking place in america. and what texas is doing in a big time way, we're working to address that anger and violence by going to its root cause which is addressing the mental health problems behind it.

>> governor abbott has expanded gun rights. he signed open carry legislation. he allowed for weapons to be carries on college campuses and in places of worship. he issued executive orders bolstering encouraging the potential threats in 2020, abbott signed a law that allows tex ittians to carry handguns without a license or training as long as they are not otherwise prohibited from carrying a gun. so what about mental health? that focal point of all of the responses? according to a recent analysis, texas came in last in the nation f for mental health care. 40% of adults with a cognitive disability could not see a doctor due to costs. now our next guest is a texas state senator who tried to pass a number of gun safety bills in recent months and faced an uphill battle for republican-controlled senate and house. after saturday's shooting, jose menendez tweeted, i'm tired of

only talking about the he preventable tragedies. we need to do everything we can to prevent and stop gun violence now. he joins us live from san antonio. senator, thank you so much for your time. you know, we played the kind of string of sound bites from governor abbott. i guess start with the point that he's consistently raised and tried to bring up. when it comes to mental health, do you feel like governor abbott, the republicans in the house and senate have done enough, given that they focus on this issue every time one of the shootings happens? >> unfortunately, you know, it appears that using mental health is just a shield in order to not address the issue of what's actually killing the people. that shooter at the allen outlet mall, he could have been as deranged as he wanted to have been but without that ar 15 or some other firearm, he problem bhi co

-- probably could not have inflicted the amount of damage and killed as many people as quickly as he did. and, so, the issue, the very real issue is we have to take some common tesense approach to gun control legislation nlt i agree, we have to help people with mental health. we have to make our nation healthier. we're not doing enough. but we also have to do something about what's actually killing the people. that is these guns. the high powered guns. there is a reason we don't allow people to have grenades. these are weapons of war. i believe thez ar-15 high rifles are also weapons that belong in the theater of war. >> can i ask, what is it like to be a democrat? you're the minority party in a state where republicans hold a lot of power and particularly on this issue. it doesn't seem like there is any pathway forward for even some of the proposals you laid out earlier this year which are not dramatic gun confiscation, kind of the pillar and demagogue

version of some gun safety advocates proposals. what is it like to work in that environment given what you're talking about? >> very, very difficult. many of us in the senate and in the house, the last county looked, there is over 20 bills, common sense gun control bills. none of these are going to come and take your weapons. these are things that under the risk of red flag laws. someone is deemed to be danger to themselves or someone else. and through a due process, they would have their guns temporarily removed. safe gun storage. what is so controversial about that? requiring that your kid doesn't get a gun. we've had several things where toddlers have shot themselves recently. background checks. make them universal. make them mandatory. get a mandatory health information for adolescents 16 years of age or older. raise the age. why is it can you buy an ar 15 at 18 but you can't biuy a

handgun. how does that make any sense? if there is a gun in a crime, we require more information. most of the crimes with the shooters, one of these laws would have prevented them having access to the firearms. the no one is trying to take weapons from law abiding responsible citizens. we want to make sure these people don't have them. >> after one of these tragedies, of which there are far too many in your state and around the country seemingly weekly, sometimes daily, what do you talk to your colleagues across the aisle about that we don't see? and i come at this from a place of hopes and prayers have a lot of validity for me as a person of faith. i don't dismiss that. but what are the conversations like? do you feel like bwhen you talk behind the scenes there is a path forward we don't see publicly? >> i hope so.

we treat each other like human beings. we have coffee together. we'll break bread together. we'll have conversations about our families. and we will empathize for any one of our colleagues that has a tragedy in their community. as we should. but we -- i wish and my hope and prayer is that they can take more into consideration the real effects of doing nothing rather than the political cost of bucking the nra or some other extreme gun group. you know, i think they should forget about the governor's statements about making the status of what a second amendment sanctuary state, whatever that means. we have got to actually think more about our constituents and how do we make texas and our nation a safer place for all children? these little children who are having their lives cut down way

too early, they don't have a political party or a bone to pick. they can't even vote. yet, we're picking and choosing, some of us are picking and choosing whether we defend the second amendment and try to blame all these issues on mental health and we're as democrats, we're proposing common sense gun solutions. we're not telling anyone that they have to all empty out their gun lockers. we're not doing any of that. this is just about trying to address the very real issue, trying to get our heads out of the sand and trying to have a conversation. why can't we even have a debate about the bills? we should be debating these bills. we shouldn't talk -- if this were any other tragedy, we would be having the conversation. we need to be having it. >> certainly need to be having it. certainly like to watch that debate as well. texas state senator jose menendez, appreciate your time. >> such an important

conversation. president biden holding a high stakes meeting with congressional leaders tomorrow to try to reach a deal to raise the debt ceiling. at least get somewhat on a sum lar -- similar page. some republicans are promising to oppose in ti deal without major spending cuts. we'll be joined here at the table by republican senator bill cassidy just ahead. the tiktok trend that helps you build up your wardrobe without hurting your wallet. >> you're not ready for this. i found the best louis vuitton dupepe and i'm so excited.

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she's very well loved. this is going to run you though like $2200. i think $2050 to be exact. so here's what it looks like. >> disclaimer being tiktok, please don't take down this video. they're dupes. they're look alikes. they are not replicas or counterfeit or fake. >> i'm not sure i know the difference. someone is here to answer that for us. there was time when no one would brag about having a knockoff purse or watch. that is changing on tiktok. there is a knockoff or dupe for everything. now some brands might be under pressure to reconsider price and strategy. our cnn business reporter is here. i am so not convinced those are fakes, knockoffs, they are illegal. convince me otherwise. >> we'll convince you otherwise. dupes are cheaper versions of higher end premium brands. so here's an example. lululemon leggings cost is $100. here are some for $27.

here we have boots, usually $150, they're $30. and then very popular with bags, this is a $2200 botega bag. she found this on amazon, $33. >> okay. that is the botega style. it doesn't, i guess, have a tag on it. but the louis vuitton one we just saw clearly had the print on it. how is that not a copy? >> okay. so the big difference between knockoffs and dupes is that knockoffs are usually counterfeits or it is stealing intellectual property or trying to be deceptive. dupes are kind of the whole point is the whole point of it is you're bragging about saving money on a real brand. this is being driven by tiktok and the rise of social media. so, dupes have about 3.5 billion views on tiktok.

google really started to jump. so it is really knockoffs for the digital age. >> can i see the next popular dupes? >> the popular dupes. we have the cloud couch. obviously lululemon very popular. this one is super popular. the dyson hairstyler. perfumes. all sorts of perfumes. >> okay. what are the luxury companies doing about this? >> so, lululemon is addressing this head on. they're about 180 million views of #lululemon dupe. they say bring in the fake dupes. you can swap them in for free and get the very popular high-rise pants zblcht wait, you buy a fake one for $20, bring it in and get a $100 one. >> they think if you try on the real ones, you won't get them back. >> but you get them for free? >> get them for free.

they're doing events in shanghai and london. >> okay. thank you. appreciate it. phil? >> we're going to get you there, poppy. >> i'm not there. >> these are knockoffs like on canal street in new york city. i definitely went there in college and bought a lot of them. i don't see the difference. but fascinated by the trend. >> really just explained it all to you. >> they have a new name. >> you have to get on tiktok. >> i'm not on tiktok. okay, phil. >> all right. moving on. new court documents show that tiger woods' ex-girlfriend is accusing him of sexual harassment. we'll break down what she is alleging coming up next. . >> and law enforcement is working this morning to identify eight people killed when a driver plowed into a crowd of migrants outside of a shelter in brownsville, texas. at adp, we u use data-driven insights to design hr s solutions to help you engage and retetan top performers today,

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welcome back to "cnn this morning." new court documents show that tiger woods' former girlfriend is now accusing him of sexual harassment. she had a six-year relationship with him and is accusing him of pursuing a sexual relationship with her while she was working at her south florida restaurant. she says he then gave her an ultimatum, sign a nondisclosure agreement or be fired. tiger woods has not responded tto cnn's request for comment. joining us now is attorney nancy arkus smith. she represented gretchen carlson in her lawsuit against roger ailes. good morning. so herman's attorney notes in this court filing, a boss imposes different working conditions on their employee because of a relationship is sexual harassment. where do you think this goes? >> i think this goes that she should be able to discuss her

own life and have access to the courts, which is a right that we all have. the speak out act prohibits pre-dispute ndas, nondisclosure agreements for sexual harassment and sexual assault. so you know, we don't know what her specific allegations are, because she's afraid to say them publicly, because he could sue her in secret arbitration. >> and that rule, getting rid of that secret arbitration be mandated is largely because of the work of former fox news host gretchen carlson and what she got done in congress. obviously, you represented her. but it has made a significant difference already. >> it has, because ndas allowed roger ailes and winestein and upstein and cosby and o'reilly to harass again and again and again. and some of those women weren't even allowed to have a copy of their own nda. so i represented some weinstein victims. so it totally allows abuse of women to continue over and over and over again. >> can i ask you, what was so fascinating about that law is

just how fast the invocation of it started to kind of come into the mainstream, right? i've been around congress for a long time, sometimes years take longer. people immediately started utilizing it. has that utilization actually had tangible effects over the course of a trial or an effort like this? >> it's absolutely had tangible effects. it's harder for corporations to keep abusers now, that they can't silence women. silencing women allowed abuse to continue, continue, continue. and now it can't. and i think the speak out act happened so quickly, because we worked so hard on another law that gretchen helped is the ending forced arbitration in sexual harassment and sexual assault cases. so -- which is another silencing, arbitration is secret. and you're not allowed to go to court. and you don't get a jury. and most of the arbitrators are former judges. white men. so, it's not a jury of your peers. and it's a fixed system that

hurts victims. and cornell has studied it and showed it. so i think fighting to end forced arbitration paved the way to the speak out act to end ndas. >> it's totally fascinating. the former president, obviously, decided not to testify. it's e. jean carroll's battery and defamation trial against the former president. says he won't testify, even after he's accused of raping the former magazine columnist and defaming her by denying that claim, but saying that she wasn't his type. we should note that the former president has denied all of the charges here. what stands out to you about what you've seen throughout the course of this trial so far? >> what stands out is his deposition and his defense of the hollywood, "access hollywood" tape, where he says famous and powerful men can assault women with impunity. >> let's let -- >> let's play that. >> well, historically, that's true with stars. >> it's true with stars that they can grab women by the

[ bleep ]? >> well, if you look over the last million years, i guess that's been largely true. not always, but largely true. unfortunately. or fortunately. >> and you consider yourself to be a star? >> i think you can say that, yeah. >> most notable is he says "fortunately or unfortunately." it's actually possible in his mind that it's fortunate that powerful men can assault women with impunity. it's actually an incredible admission in front of a jury. also, his deposition makes it impossible for him to testify. it's no surprise. he contradicts himself regularly. and he shows the two elements that really rapists have in common. misogyny. 26 women are not his type meaning they're not attractive enough to rape or assault. that's an incredibly sexist comment. and power and domination, you can see in the deposition

repeatedly how he tries to control the deposition by abusing miss carroll's lawyer and saying, you're not my type either. and you're a disgrace. i've been a lawyer for 42 years. no one's ever talked to me -- and i've taken depositions of powerful sexual assaulters. nobody talks like that. it's like an admission of the characteristics of a man who assaults women. in addition to admitting it on tape. and saying it might be fortunate that he can. >> that's interesting to watch as that all plays out. nancy arkus smith, thank you so much for your time. we appreciate it. >> thank you. "cnn this morning" continues right now. >> i just don't understand these republicans that want to just pray and do absolutely nothing. our country and our state is burning down because we have these guns in the hands of people that shouldn't have them. it's a chaos that is wholly created by the republican party in the nra. we can stop it and we can stop it now. but we don't have anybody with the political will to do it.

>> well, good morning! it is the top of the hour. we are very glad that you're here with us this morning. we do begin with new details emerging about the gunman who killed eight people saturday at a texas outlet mall. investigators are log into his far-right social media posts and a hat she was wearing during the massacre. and another tragedy in texas. eight people are dead after an suv slammed into them at a shelter for migrants. we have surveillance video of the deadly wreck. and the republican governor of texas is about to speak as his state braces for title xlii to expire. this hour of "cnn this morning" starts right now. that is where we begin. the tragedy in texas this morning putting a spotlight on the most divisive issues. border crisis an