rgan. captioning funded by cbs it's it's wednesday, march 28th, 2018. this is the "cbs morning news." breaking news overnight. stormy daniels' legal team files a motion asking for a jury trial and the right to depose president trump and his lawyer michael cohen. more on this latest legal escalation. also breaking overnight, the secret's out. north korean leader kim jong-un did travel to china for a historic meeting with president xi jinping. so what did they talk about. and funding the border wall. now president trump is floating the idea of using military money. good morning from the studio 57 newsroom at cbs news

headquarters here in new york. good to be with you. i'm anne-marie green. we begin with breaking news. early this morning stormy daniels, the adult film star who alleges she had a sexual encounter with president trump, files a motion asking for the right to depose the president and his lawyer michael cohen. it also asks for a jury trial. now, only four sitting presidents have been deposed. the last one was bill clinton who was later impeached for lying under oath. we're joined now by cbs news analyst rikki klieman to break it all down for us. thank you so much, rikki. we know stormy daniels' team, they're asking for a jury trial, expedited discovery. what are they trying to do? >> what they're trying to do is show this is a matter in the

public's interest, and in this rather stellar, i have to say -- >> you read it. >> -- it's actually brilliant, and i don't use that word lightly because what it is doing is saying, look, we originally filed for declaratory relief to say this nondisclosure agreement is null and void. originally we thought it was that the president did not sign it. now we find the filing is much broader. and what it is saying is not only did he not sign it and therefore cannot be bound by it and she cannot be bound by it because you need the intent of both parties to sign but he's saying, look, this entire agreement is against public policy. why? because it's there to hide a federal election commission violation and perhaps more important for stormy daniels' attorney, it is there to be hush money to affect the election in

2016. therefore, it violates public policy according to this filing and it needs to be handled in the public, the courthouse, not the arbitration closed room and it needs to be handled fast. >> fast. and that's what they say. expedited discovery, expedited jury trial. how fast could that mean? >> well, it's a lot faster than i would ever anticipate it could happen. what they're asking for is they want these depositions. they're limited in time. remember, that's also smart. you tell a judge, look, i'm not going to be abusive here. two hours for the president, two hours for michael cohen, and ultimately only ten requests for documents. ultimately only ten requests for documents. so, see, i'm not being burdensome. i'm not trying to hurt the office of the president. they're looking for a decision to go forward immediately following the decision on the original motion. that is, judge, decide that we are going to have a null and

void contract, therefore, we don't go to arbitration and then we want a jury trial within 90 days. >> so the white house has denied all these charges. the president has not spoken specifically or tweeted specifically about stormy daniels, but the white house has said, look, none of this happened. >> through a spokesperson at a press briefing. >> right. stormy daniels, her people are saying, look, the reason we're filing this is we have a lot of uncannesed questions. is that a compelling reason? will that move the judge? >> i don't know. there's a litany of questions they've asked the president to answer. of course, the ultimate question goes back -- we have to remember the original claim in this new filing is against michael cohen for defamation. that's a jury trial request. the judge, i say, has to decide whether or not the nondisclosure agreement is valid because if he thinks it's valid, it might go down to arbitration.

but in terms of the jury trial, why is it only michael cohen who needs to be deposed. well, they say whatever michael cohen said about whether or not this matter may be truthful, which is what the cause of defamation is about, where would he have gotten his information? he would have gotten his information, if it's truthful or not, from the president. so then did the president know that there was going to be this hutch agreement as it's been called or the nondisclosure agreement, when did he know it? the old watergate questions, what did you know, when did you know it. then we have did he know where the money came from? did he have anything to do with ordering the hush agreement? ordering the money? so it's backtracking all the way as to how this came about. remember, this is 11 days, this signature, before the 2016 election. >> right. and timing is very, very key here. rikki klieman, thank you very much. >> thank you.

ahead, we'll talk with michael avenatti, stormy's new attorney,er about this new motion to depose the pretty and what if given the chance he would ask mr. trump. also breaking overnight, overseas, the first ever meeting between north korean leader kim jong-un and chinese president xi jinping is over. the secret summit in beijing was kim jong-un's first trip outside north korea since he first took power in 2011. he called the meeting a groundbreaking milestone and it comes amid recent tensions over north korea's nuclear program. hena doba is here in new york. good morning. >> good morning. the north korean leader was in china from sunday to wednesday. he reportedly discussed his desire for better relations with the south and his willingness to hold talks with the u.s. chinese state television released video of a historic moment when north korean leader kim jong-un and his wife met

with chinese president xi jinping and his wife for the first time. a military band greeted kim at the start of a four-day visit that ended today. as did an honor guard. the leaders posed for an official picture, attended a banquet where kim spoke, and held talks. china's official news agency reported that during the discussion kim pledged to denuclearize north korea and it's said he is willing to hold a summit with the united states. a meeting between kim and president trump is planned for may, but this is the first time he has spoken publicly about it. some experts in the region say the potential talks between the u.s. and north korea may have motivated china to act. >> i think beijing probably wanted to make sure it didn't get sidelined in the bilateral conversation between them and wanted to send a message that

they're north korea's most important relationship. >> they said united states remains in close contact with our allies, south korea and japan. we see this development as further evidence that our campaign of maximum pressure is creating the appropriate atmosphere for dialogue with north korea. the statement also says china briefed president trump about the visit. and kim's father king jong-un visited china several times while hoe was in power. his visits were also kept secret until he had left the country. anne-marie. >> hena doba here in new york. thank you so much, hena. president trump has a new funding idea about building the wall along the mexican border. have the military pay for it. the wall was mr. trump's campaign promise. he wanted mexico to foot the bill. they refused. last week's budget provided seed money, so mr. president trump has floated the idea of using the military bucket to pay the $25 billion the border wall would cost. the white house provided no specifics. the california attorney general said he'll conduct an independent investigation into the shooting death of stephon

clark by sacramento police. last night protesters blocked the entrance to the arena where the sacramento kings had a game. the game began as scheduled. earlier clark's brother held a protest during a city council meeting. on march 18th clark was shot and killed by police in his grandmother's backyard. they thought he had a gun. he was carrying a phone. coming up on the "morning news," mark zuckerberg goes to washington. facebook's ceo could be headed to the hot seat over a data scandal. and a new game plan. the nfl revises the catch rule. this is the "cbs morning news." then i realized something was missing... me. my symptoms were keeping me from being there. so, i talked to my doctor and learned humira is for people who still have symptoms of crohn's disease after trying other medications. and the majority of people on humira saw significant symptom relief and many achieved remission in as little as 4 weeks.

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in the hands of the political consulting group cambridge analytica. a former employee of cambridge analytica says he believes it was used in the brexit campaign. the nfl is revamping the catch rule and the lawsuit over the census. those are some of the headlines "the new york times" reports at least 12 states plan to sue the trump administration to block it from asking a citizenship question in the 2020 census. some of the states include california, new york, massachusetts, new mexico. opponents say it will discourage immigrants from responding to the census and dilute political information from states that vote democratic and it will rob many communities of federal funding. the white house says the question is necessary to better protect the voting rights act. "the kansas city star" reports executives of schlitterbahn water parks have been connected with % second-degree murder in connection with a water slide death. a 10-year-old boy was killed in

2016 on a 17-story water slide when his raft went airborne and his raft hit a pole. yesterday they were sued along with a construction company and contractor. scientific reports documents a study that claims to have found a new organ in the human body. researchers say the fluid filled space called the interstitium is found everywhere throughout the body. it could be the biggest organ. scientists say it acts as a highway for our internal water supply. it may explain how cancer cells are able to spread throughout the body. and "sports illustrated" says nfl owners voted unanimously to change the league's catch rule. the new rule is supposed to eliminate confusion and controversy about what a reception is. the rule defines a catch as control of a ball, getting two feet or another body part, and making a football move such as taking a third step or extending the ball. still ahead, too sexy for

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big money case against google is revived. diane king hall is at the new york stock exchange with that and more. good morning, diane. >> good morning, anne-marie. well, it's been a roller-coaster week on wall street so far. let's set the stage. on monday stocks registered one of their best days in more than two years. but yesterday there was a trigger of late afternoon selloff and pulling stocks sharply lower. dow jones slumped 344 points, the s&p 500 fell 45 points, and nasdaq dropped 211 points. oracle is applauding a federal appeals court ruling that found google infringed on oracle's job program to build the operating program. they say it was not clear. it sent the long running case back to trial. oracle originally sought $9 billion. google called the result disappointing and is weighing its options. the national transportation safety board is investigating the crash of a tesla suv with a

semiautomatic autonomous control system. the crash occurred last week on a california freeway. the suv hit a barrier and hit two other cars and caused a fire. the driver of the tesla was killed. it's unclear whether the controls were in operation. walmart will no longer sell "cosmopolitan" magazine at its checkout line. the world's biggest retailer says it's a, quote, business decision and will continue to sell the magazine elsewhere in its stores. walmart made the announcement and said it helped instigate the new policy. the group has been working to cover or remove "cosmo" from store shelves for years because of explicit sexual content. anne-marie. >> diane king hall at the new york stock exchange. thank you so much. >> thank you. still to come, a hidden epidemic. more than a dozen states in the south are at the highest risk for this life-threatening virus. ( ♪ ) mike: i've tried lots of things for my joint pain. now? watch me.

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what we've learned about the man in custody. and... this self-driving car - slapped with a ticket. the bust on a bay area street. join us for kpix 5 news this morning... beginning at 4:30. good morning. here's a look at today's

forecast in some cities around the country. the baltimore mayor's office is confirming the city's 911 dispatch system was hacked over the weekend. the 17-hour hack forced a shutdown of automatic messaging for the city's 911 and 311 dispatch systems. information from callers had to be relaid manually. officials say everything was back to normal by 2:00 a.m. sunday. the fbi is helping the city investigate who was behind the hack. people living in the deep south are facing a life-threatening epidemic. while hiv rates are declined in the rest of the united states, the south is struggling to make progress. kenneth craig reports from jackson, mississippi. >> a lot of the people that are hiv positive are afraid.

they're afraid to speak out because of rejection. >> reporter: for 12 years jacqueline wilson has been living with hiv in a region of the deep south in the throes of an epidemic people would rather ignore. >> they didn't want me around because i was hiv positive. >> reporter: they say the epicenter of the hiv crisis has shifted to the south, which now has the highest rates of hiv cases nationwide. of the nearly 40,000 cases diagnosed each year, more than 50% are in the southern states. at open arms an lgbtq health care center in jackson, mississippi, they have witnessed the alarming trend firsthand. african-americans are most severely affected. >> we have a high poverty rate, our education systems are inadequate, our health care systems are inadequate. >> reporter: health officials say southern states are behind in adopting new hiv prevention methods and people are not seeking out testing, care, and

prevention because of stigma. one of the biggest challenges in the deep south is simply getting to a place that offers treatment. in many areas, the nearest clinic is easily dozens of miles away, and some patients have no way to get there. open arms top priority is giving patients like wilson access to the care they need including appointments. >> if i don't get a ride, i don't see my doctor. >> we have to collectively figure out how to get to zero. if we can get to zero in jackson, i believe the united states of america can say firmly we have eradicated hiv. >> reporter: she hopes with compassion and much more attention they can get there. kenneth craig, cbs news, jackson, mississippi. well, coming up on "cbs this morning," john zimmer, the president of the ridesharing app lyft joins us in the studio to

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our top stories this morning. overnight lawyers for daniels filed a motion asking for the right to depose president trump and his attorney michael cohen for a jury trial. daniels is the adult film star who alleges she had a sexual encounter with mr. trump. mr. trump denies the allegations. president trump is floating the idea of paying for the wall he wants to build along the mexican border with money from the military budget. it's estimated the wall could cost $25 billion to build. it's unclear if taking money from the pentagon is constitutional. the white house offered no details. and north korean leader kim jong-un called his visit with chinese leader xi jinping productive.

kim secretly arrived in beijing this week. it was his first trip outside north korea since he took power in 2011. kim is scheduled to meet with president trump in may. a fertilihrtility chinic ou cleveland admitted yesterday that its freezer system did much more damage than first thought. dr. tara narula has details. >> reporter: nearly 1,000 patients have now learned that more than 4,000 eggs and embryos were destroyed on march 3rd. in a new letter to patients, university hospitals apologized again saying the remote alarm system on the tank designed to alert a u.h. employee to thinks like temperature swings was off. they don't know when it was turned off or how long it was turned off. they were aware it needed preventive maintenance. some of the eggs and embryos have been stored there since the '80s. the investigation is ongoing. >> right now we do not know whether it's mechanical or human

or a combination. >> reporter: james lu is chairman of the obstetric obstetrics & gynecology department at university hospitals. dr. lu says he doesn't think anyone intentionally disengaged the alarm. >> we're in the process of identifying the exact sequence of when this occur and who ordered the de-activate. >> reporter: christina ellis and her husband mark had two embryos remaining at university hospitals after christina gave birth to her daughter. they were hoping to use them to give her a sibling. now they're suing, claiming negligence and breach of contract. >> there's nothing financially i can gain. you can't put a price tag on an embryo or egg. i'm hoping there's some changes so that it doesn't happen again for the future families and no one has to go through what we're going through. coming up on "cbs this morning," we'll meet with dozens of stunts from they arrive in of students across wisconsin as

they arrive in janesville this morning after embarking on a four-day 50-mile march. they will hold a rally in the hometown of house speaker paul ryan to call for gun control reforms. plus john zimmer, the president of the ride-sharing app lyft, joins us in the studio to talk about the future of self-driving cars. >> and we talk with jewelry designer kendra scott how she turned $500 into a billion-dollar business. that's the "cbs morning news" for this wednesday. thanks for watching. i'm anne-marie green. have a great day. -- captions by vitac -- www.vitac.com i'm anne-marie green. have a great day. -- captions by vitac -- www.vitac.com

it's wednesday, march 28th. i'm michelle griego. and i'm kenny choi. good morning, everyone. it is wednesday, march 28th. i had to look at the calendar. i don't know why. it feels like a monday. >> not enough sleep last night?

>> maybe. >> all right. i'm michelle griego. >> good morning. i'm kenny choi. it is "hump day," wednesday morning. looking forward to another sunny day. >> it's going to be a nice week. if you like the warmth today, we'll get it again. get ready, temperatures will be even warmer than yesterday. so we have the high pressure and it's taking over. higher temperatures, breaking records inland, 15 degrees inland. it's summer-like for your forecast. good morning, and right now we are tracking a smooth start for drivers along 580. this is a live look near tassajara, westbound taillights. 22 minutes between 205 and 680. and we are getting a backup already at 4:30 a.m. over at the bay bridge toll plaza. it's just in