Skip to main content

tv   Anderson Cooper 360  CNN  April 8, 2024 9:00pm-10:01pm PDT

9:00 pm
>> okay. got it. go >> you must have american home shield >> got >> you're now i can tell you appliances in home system is that protected covered repairs and replacements are taken care of one she never lies off cookie dough, does it? he just today for 40% off file, 100% free with turbotax free edition, roughly 37% of taxpayers qualify form ten, 40 and limited credits only. see how a turbotax norman, bad news... i never graduated from med school. what? but the good news is... xfinity mobile just got even better! now, you can automatically connect to wifi speeds up to a gig on the go. plus, buy one unlimited line and get one free for a year. i gotta get this deal... that's like $20 a month per unlimited line... i don't want to miss that. that's amazing doc. mobile savings are calling. visit xfinitymobile.com to learn more.
9:01 pm
from chavez and huerta to striking janitors in the 90s to today's fast-food workers. californians have led the way. now, $20/hour is here. thanks to governor newsom and leaders in sacramento, we can lift workers out of poverty. stop the race to the bottom in the fast-food industry. and build a california for all of us. thank you governor and our california lawmakers for fighting for what matters. station.com slash, try and get two months free with wolf blitzer tomorrow with six on cnn. >> close captioning brought to you by gilt visit gilt.com today for up to 70% off designer brands house the designers that get your heart racing had inside a prices knew every day, hurry. there'll be gone in flash designer sales that up to 70% or so gilt.com today tonight on three, 60
9:02 pm
generational event, we will not see again for decades the total solar eclipse. the proofs, moments, both magical and even matrimonial. the image which is from today plus bill nye, the science guy, also breaking news tonight in the former president's criminal hush money trial, we have, a judge's decision on his latest, but by no means, last attempt to delay and we've learned what prospective jurors could be asked about associations with fringe groups and later the former president's latest stance on abortion that his former vice president today called a quote slap in the face. the fallout plus a history of how his opinions have changed over the years. >> good evening. thanks for joining us. we start with a stellar event today, the plunge much the united states into darkness will not be repeated for more than 20 years the total eclipse of the sun witness firsthand by tens of millions in the plus many more in mexico and canada. it was the rare event when people from all over could stop, look up and share a celestial moment together total eclipse
9:03 pm
excitement began on the shores of mexico pick these spreading is the path moos northeast through texas he russell ville, arkansas, more than 350 couples said, i do moon crossed over the sun. >> actually, he made me cry. i didn't think i'd cry. yeah, tears, of joy. obviously, i've just i've just so happy to be married to her. >> tears of joy and wonder. >> oh wow, that's amazing. it looks like something out of a sci-fi movie. >> thousands gathered on the indianapolis motor speedway >> things cheers, cheers including two former astronauts, the parents have cnn's kristin fisher showing us that it never gets old looking up at the sky, you've seen a site that so few people have seen. you've been to space. >> how does a total solar eclipse compared to the view of the earth from space dead, it's just as beautiful it's just as beautiful. i have no
9:04 pm
words. it was much more dramatic than i thought would be a moment of transcendence and cleveland, ohio, i think this is just a universal experience in understanding how much we all belong enroll one on this little, little planet, going being around a star. >> it's just beautiful >> breathtaking. there's so much, you know just feel in stowe, vermont we stars that a look planets >> i love you love >> story cemented in the darkness of a total solar eclipse. >> there was wonder even on a rooftop in new york city, we're only a partial eclipse was visible >> oh, yeah >> a day, a moment for the ages for the record, my little son,
9:05 pm
sebastian, did wear glasses. he actually saw it and he said it looked like a banana. >> humans were >> not the only ones affected by this event at dara, within the path of totality at the dallas zoo in texas, witnessing how the animals responded to the eclipse. that's where he joined us tonight. so what happened did did the animals notice it >> well, aronson, we saw a little bit of everything instinctual, energetic, disc smith's if my hand to be honest with you, when we first got out here, i was a little worried about what we were going to see. i was worried it might fall flat. but what we'd experienced was a completely can make way to see the total eclipse >> it was like >> momentarily walking into the classic comedy night at the museum a glimpse i'm sin to the secret lives of animals at the dallas zoo. when humans aren't around to watch, zebra started chasing him and then the ostrich has got into the mix as well. >> first >> is the zoo slipped into total darkness. a jolt of, animal energy seemed to shoot through the grounds. the moment
9:06 pm
mesmerized lease events sleet curator of mammals at the dallas zoo. >> so did the total eclipse de >> meets your expectations >> exceeded my expectations today, there was a lot more activity than i expected to see out of the animal just before total darkness and ostrich, laid an egg and hovered over it for a time. protecting it. zoo officials say it's not clear if the moment was caused by the eclipse but that the timing was certainly curious. they said guinea fowl suddenly crowed wildly >> divergent the birds are getting ladder just before the moon covered the sun for almost four minutes a young giraffe and its mother, gallup around the enclosure. the zebras join and in the chase's well, here and around the country, elephants grouped together and appeared to head back to the area where they sleep flamingos packed together in the middle of a pond in their habitat primates apparently also thought it was bedtime. animal experts say the sudden darkness triggered a natural reaction among many of the animals at
9:07 pm
nighttime, predators go out a lot more and so they have to huddle together to be safety in numbers. and in case something coming. so they wan to that instinct pretty quickly. >> this doggie daycare in the dallas area, this group of dogs seem to stop confused by the sudden darkness when the sun returned the dogs started playing around again. another video captured a cat wanting to come inside. it's home when darkness struck at the toledo xu, a polar bear didn't seem to care about all the fuss nonchalantly dove into the water before the sun disappeared. texas parks and wildlife officials teamed up with nasa to set up these acoustic recording devices to monitor the sounds of animals in the wild but not all animals we're flustered or impressed by the total eclipse to boko, the giraffe, mostly walked around unfazed ready to start chewing on the lettuce the humans fetal when the sun came back >> so our zoo officials, i mean, do they use the
9:08 pm
information they learn today? is that any scientific value >> well. it's interesting here they were handing out forms two peoples. they came into the zoo today to document what they see. and one of the things that zoo officials say they will do is that they're going to collect all these observations and share them with other zoos across the country and also talk to other zoos that were in the path of the eclipse andersen, there's very little research and data that is available because these total eclipses are so rare, so they're hoping to gather all of this and kind of crowdsource and share all the information so people can kinda capture exactly how all these different species reacted to the fourth four minutes of darkness, two, 11, derrick, thanks so much i'm joined by bill nine to science guy. bill, you were in fredericksburg, texas today in the path of totality. i know we have a clip of you watching the eclipse so that i want to play part of that oh my goodness, everyone april 8, 2024, shared experience with the planetary
9:09 pm
oh man. >> i hate to say it everyone, but remember when. you see the return of the diamond ring, it's time to put your glasses back on >> the back not's st starting >> alare >> solar flare. thank you. we saw a solar flare through the cloud >> so how did you feel about it? was it worth the wait and what is a solar flare? >> oh, software is around term. i think it was a prominence, strictly speaking, i was caught up in the moment, so it's this magnetic, these magnetic fields of the sun blast these charged particles out into space and when the moon is between us and the sun and xizhi syzygy, you
9:10 pm
can really get a glimpse of them and the clouds here we're just thin enough to make the prominence easier to see. they blocked out some of the very bright part of the sun or the rim around the moon. and then you could see this prominence down >> i don't know if the >> footage is going to catch it. they're down sort of 5:00 position if it were if the disk were a clock, then it was spectacular. i'd never seen that before. the other thing, you know, there's a breeze here all day fredericksburg, texas. but during the eclipse it stopped. >> there >> must have been air masses and bumping into each other and just stopped. and then way off to the east, you could see sunlight at first >> and then it >> went dark and then four minutes later, you could see the sunlight marching toward you. it was really, it was spectacular have you have you seen one before yeah, i saw 20 >> i was in beatrice, nebraska. there's a national park there.
9:11 pm
and in 2002 i was in south africa along the east coast for another partly cloudy event and it was it's still spectacular even in even in the cloud. and it goes dark. everybody as you were saying, the clouds in this case actually kinda helped helped us. >> yeah. >> it sees something that i'd never seen before, but overall, you want a clear de for crying out loud, but it was pretty great here. it was really it was this another thing i talked about all time is the shared experience. yeah, we were all out there close to 1,000 people from the planetary society sharing this experience, it was really, it was wonderful, it was cool even in new york city, i was then top from my house and to see people and other buildings out on their roofs and balconies and stuff. it was one of those moments where you suddenly see your neighbors and wave. it was, it brings people together. do i mean, is there a scientific value and studying
9:12 pm
eclipse. >> oh, yes, it's a natural coronagraphs, simply put, no. by blocking the sun we can or scientists who are skilled with the right instruments can observe the weather around the sun as it's called, where you see all these prominences solar flares coronal. mass, ejections, cmes around the sun where this material charged material atoms are shot out into space and twisted around by these very powerful magnetic fields. and so we learn more about the sun. we're learning more about stars. >> and >> i just always like to drop this in when we study stars, we are getting closer to having fusion in a controlled way on earth and have fusion power plants would be would be almost magical if we could pull it off in the next couple of decades. so it's, it's one more one more opportunity to collect collect data about stars, a
9:13 pm
star that will inform humankind as it understands, as we work to understand our place in space. >> it was also amazed me how fast the eclipse moved across the country, more than 1,500 miles per hour yeah. >> why don't they do something about them >> no, it's >> the spin of the earth you guys makes this happen and the atmosphere is spinning right along with it. and it is just the scale of the thing really is jaw how fast it goes across the continent. and that we live in this one place in the solar system. and maybe the one place in the galaxy where the satellite of the planet we live on the moon is just the right size to block out the sun. so in october we had an nur eclipse as it's called a ring of light around the moon, because the moon was a little
9:14 pm
farther away, but 40,000 kilometers farther away. and it was today. but when it's all set up, just right in the syzygy, you get the spectacular effect or bill nye. >> thank you so much. we're going to later in the program talk to harry enten, who was up in we're false. you may not know this. he's our data guy, but he actually graduated from whether camp when he was a teenager. so he's going to fill us in yeah. >> good. >> i'm >> all for whether kim yes, ma'am. drawn. thanks so much. still to come multiple breaking news stories on the former president's many legal trials. versus the judge's decision on whether he can delay his criminal hush money trial is set to begin next monday, plus scene is obtained. the actual jury questionnaire also just moments ago, special counsel jack samantha telling us supreme court to reject the former president's claims of immunity and the election interference case. we have details on that anderson cooper 360. he is brought to you by teba visit. sounds like td.com
9:15 pm
dan made progress with his mental health, but his medication caused unintentional movements in his face, hands, and feet called tardive dyskinesia or tea ed so his doctor prescribed us dead. oh, xr a once daily tv treatment for adults barstow xr significant really reduce dance td movements. some people saw response as early as two weeks with us stato xr, dan can stay on his mental health meds. >> cool here >> a satellite so i can cause depression, suicidal thoughts or actions in patients with huntington's disease pay close attention to and call your doctor if you become depressed, have sudden changes in mood, or if suicidal thoughts don't take if you have liver problems, are taking reserpine, tetra benzene, or val benzene or sadow xr may cause a regular or fast heartbeat or abnormal movements, seek help for fever, stiff muscles, problems, thinking we're sweating, common side effects include inflammation of menos and broke insomnia and sleepiness >> ask your doctor for us dead. oh, xr they told us to follow
9:16 pm
our dreams. ben said they were unrealistic because passions don't pay but what they didn't know is that dreamers make their own victory >> make your first moon with battery power, aapi still right now, save $50 on the fsa 57 battery trimmer set >> real still >> fine. >> and less time making cocktails and more time making the memories introducing cartesian premium cocktail that the touch of a button. >> shop for mom and give $50 only a burkean.com slash, mom. >> you know, i spent a lot of time thinking about dirt at three in the morning >> and you >> what people don't know. is that not all? all dirt is the same. you need dirt with the right kind of nutrients. look at this new organic soil from
9:17 pm
miracle grow, >> everybody should have it, it worked great for us this is as good as gold in any garden. >> if people >> only knew that it really is about the dirt, your dirt nerd huge turret nerd i'm proud of it >> what do you think about these >> we find this. >> look when it's time for an >> update or complete >> remodel remal with you every we step of the way we're going to take everything down to the front design and products to removal and installation. we handled the entire process, do create a beautiful and functional bathroom but whatever your life needs a uri turned down amazing revamp with you, every step of the way.
9:18 pm
rld, save 20% for a limited time >> houston, you are go for the debris in the sky parents, husbands and wives gone >> if you work in >> spaceflight, this is the worst possible thing i can never happen.
9:19 pm
>> thousands of pieces of debris are now pieces to a puzzle. i should have that on day one. >> i wish i could've done something differently. what i can undo that, you can just make it better for those that follow >> space shuttle columbia, the final flight hi two part finale, sunday at nine on cnn >> breaking news now and the former president's criminal hush money trial in new york appeals court judge, today denied his request to delay the trial, which is scheduled to begin one week from today. that decision only took the judge about 40 minutes after arguments concluded. and we're also learning what perspective jurors will be asked kara scannell have joined just now with the tails. well, i just got this questionnaire is really fascinating. what stands out to you? >> yeah, i mean, there are the basic questions about where do you live in this city? what do you do? where do you get your news? but they're also trying to dig in and root out whether there's any bias it's here for or against donald trump. and they do this. so the vast number of questions of have you ever worked for trump, his campaign is administration. have you ever attended any rallies for trump? have you attended any rallies against trump? and they're also asking if you belong to any fringe
9:20 pm
groups they cite q1 on the proud boys, but also antifungals and one question they asked first thought was it's interesting and really specific to this case is do you have any strong beliefs about whether a former president can be criminally charged in state court because there are these questions about immunity and about whether the politics of going after a former president. i mean, another thing that is interesting here, the judge made it clear there will be no questions about political contributions who you voted for, or who you like. because as the judge has said, in reminded the lawyers in his jury questionnaire that the issue here is not to determine whether someone likes trump's or doesn't like trump, but whether they can be fair and impartial. >> so as of now, this trial is happening monday. >> yeah. >> this is, uh, go for now, judge there's ruled against trump. >> yeah. trump's team went to the court today asking them to delay the trial so they can make a motion to challenge the venue because they say new york has been saturated with this story. there's been the e jean carroll trial. there's just a lot in the news and they did a
9:21 pm
poll, a 400 new yorkers in which they say that a lot of people, more than half said that they thought that trump was guilty. now, the prosecution oppose that, saying, there's nowhere you can go to bring this case where people don't know about it. it's an international story. and they push back and the judge, as you said, ruled pretty quickly afterwards denying this and it will trump's team. tried to make another go at the appeals court and another issue remains to be seen >> the foreign prisoners team, they made some motion about stormy daniels and a subpoena. what does that? >> so there's still trying to enforce some subpoenas that they issued just last month. one is the stormy daniels. they want to know about any communications she's had what about our documentary? any communication she's had was trial witnesses including michael cohen. they've been on podcast together and also, if she's had communications, what were they with? e jean carroll and two other women who have accused trump of sexual assault. the reason that they already they need this is because they're suggesting that there's some potential motive here for stormy daniels
9:22 pm
to give as they put it, false testimony in order to profit off of this. let's they're trying to see what they can learn. i want to bring in >> two former federal prosecutors, elie honig and jessica roth, who's now a professor at the cardozo school of law here in new york >> i'm the >> jury questionnaire. good. does it is care i just talked about proud boys. q. and on bug lou boys and then tufa, it's a fascinating documents. so >> first of all, jury selection is so crucial when you're a prosecutor or defense lh are the stakes are so high, you let one bad juror through, you're going to regret that for a long time. what the judge in the court is trying to do with this document is sauce out any undue biases and really sort of breaks into a couple of parts. one of them is just basically the basics, the biographical basics. what type of job do you do? what's your family situation? but then it gets into without quite asking, how do you feel about donald trump? do you love him or hate him? asking a lot of proxy it's for that, for example, where do you get your news? are you a member of any organizations? and then as kara said, have you been to
9:23 pm
a trump rally? are you part of any trump email list? it also asks, have you been a part of any anti-trump organization now, i don't know if democrats count as anti-trump, so there's a little bit of interpretation here. but what's going to happen as the jurors will fill out? these questionnaires, and then it's sort of a guessing game as a lawyer, you have a limited glimpse into a person and based on their answers, you have to surmise, is this person going to be good for your bath me the whole case is at stake >> private attorneys will often have jury consultants who analyzed jurors, does to the state two cities public prosecutors have that well, >> very, very rarely. >> i mean, it's just not generally done i don't have any insight into whether they're doing that here, but that would be very rare. >> what is the difference? i mean, they're asking where people get their news, whether they've attended to trump rally. there edges pointing out he's saying there are no questions asking protected jurors whom they voted for or intend to vote for whom they've made political contributions. to what's the difference if
9:24 pm
they're trying to get at it this other way? yeah >> because what their what the >> judge is trying to make clear what the judge is going to be trying to make clear to the potential jurors, is that they're not being asked their political views they're not being asked which party, if any, they are affiliated. >> there's sort of being asked that. >> but what they're really trying to get as can you be a fair and impartial juror in this particular case when you decide the case based on the evidence and the arguments presented in court as opposed to any bias that you bring in that you wouldn't be able to put aside. this is just the beginning these questions, because then there will be follow-up with jurors who say, for example, yes, i've attended a rally, then there would be the opportunity for follow-up questions to try to get at whether their attendance at such a rally in some way indicates a bias that would impair their ability to be fair impartial >> you're gonna get a pretty good sense of who these people are evil without coming out and asking, but imagine if someone says, i'm a member of the nra, i've attended a trump rally and i primarily watch fox news. imagine if someone says, i'm a member of the aclu, i've donated to anti-trump efforts and i primarily watch msnbc. i
9:25 pm
mean, there will be examples of certainly the last better in manhattan, maybe the former. so some jurors you're gonna have a pretty clear view, but then there's always those jurors who are cagey and you have to just sort of use your instinct >> i mean, are they're seven days. is there a chance for a venue change still? >> i mean, at this point before this, judge today, you mean she made the ruling and that's the end of it at this at this court at this level, i mean, could he go to the higher court of appeals? it's a possibility that he could, but there's gonna be no more brace before this first level of appeal. >> but if you went to the higher court that could still change something by next monday in theory, but he doesn't have a right to have them here. this appeal, it would be discretionary on their part whether they would take it and honestly, on the merits, it's so weak that i have a hard time imagining that they would consider it he's going to lose on venue. >> i loaned you think jury selection is going to take so the estimates that we've heard her a week or more, but remember, they're going to have to go through each of these individually mean you have to winnow down hundreds of people down to 12, i would guess over
9:26 pm
a week, maybe just over a week? it takes longer in state court, in federal court, it's also important to know in federal court, we used to pick juries in a day, two days. yeah. i mean, this is an extraordinary case for all the reasons we're familiar with one thing i noted in the cover letter that the judge attack much to the jury questionnaire. if i read it correctly, he's saying to the lawyers from jurors who say, basically, i have a reason, i cannot serve in this case that he's going essentially excuse them at that point without doing further inquiry because that will really cutting launch, cut down the time that will speed it up. and that was the point of contention at one of the hearings, trump's team initially wanted to pull everyone individually and they had started to do that. and the trump organization tax it's fraud trial. a couple of years ago and midway through change their decision because it was taking too long. so that seemed to me they were looking to speed it up that way the trump organization trial took about a week to seek the jury, the e jean carroll, which was federal court, took one day. i think the estimate for this is one week and they're only meeting four days that first and has the carrier has the
9:27 pm
president's former president's legal team, given a sense of what their defenses your i think the main defenses attacking the >> credibility of some of these witnesses, michael cohen, he is the one person that can testify about the conversation he had with donald trump in the oval office about the reimbursement. we're not going to hear from alan weisselberg, who was part of that. we will hear from some other trump organization executives, but i think connecting trump to the falsification is where they're probably going to focus a lot and tried to distance trump tough though, to go after the credibility of michael cohen. i mean, there's plenty of reasons graph the credibility of michael cohen. but when donald trump had him as his right-hand man, four that, there'll be exactly the argument. he trusted them back to that and it's really important to keep mine the crime here is not hush money. it's not a crime to pay hush money. it's falsification. can they tie donald trump to the logging of those payments as legal fees? and if specifically the state >> is arguing that the reason it was legal was because this was an unlawful undisclosed campaign donation. trump is
9:28 pm
going to argue, no, it was to protect my marriage. that's why i paid or the money. and i imagine that that might be some of the focus of the defense as well at trial. >> just go, rob. thanks so much. elie honig with kara scannell coming up more breaking news. what in an a new filing with the supreme court has special counsel jack smith. ahead of this one scheduled arguments determine whether the former president can claim presidential immunity from federal prosecution. we'll be right back. >> it's a new day one. were shared values propel us towards a more secure future. through august of partnership built upon cutting-edge american australian, and british technologies will develop state of d'art next generation that we're really let's build something stronger together. securing dickey peace and prosperity for america and our allies we are going forward together if >> you have chronic kidney disease, you can reduce the risk of kidney failure with
9:29 pm
parse sega because their places to be for seeker can cause serious side effects, including ketoacidosis that may be fatal, dehydration, urinary tract, or genital yeast infections and low blood sugar are rare life-threatening bacterial infection in the skin of the perineum could occur. stop taking for sika and call your doctor right away if you have symptoms of disinfection and allergic reaction or ketoacidosis discovery we're our newest resort, sandals and vincent and the grenadines now open. visit sandals.com or call one 800 sandals >> if you have wet amd, you never want to lose sight of the things you love. >> we get >> some things should stand the test of time when long-lasting. i leah hd could significantly improve your vision and can
9:30 pm
help you go up to four months between treatments. if you have an eye infection, i paint or redness or allergies, twilio hd, don't use ai injections like eileen hd may cause in infection separation of the retina or rare but severe swelling of blood vessels in the eye an increase in eye pressure has been seen. there's an uncommon risk of heart attack or stroke associated with blood clots. the most common side effects were blurred vision, cataract, corneal injury, and i've floaters and there's still so much to see if you are on alia or a similar type of treatment. asked your retina specialist about ajleen h day today for the potential for fewer injections >> you don't what's brilliant >> think about it. >> boring is the unsung catalyst for bowl. >> what >> straps mole a rocket, hurdles and into space. >> oren does. boring >> makes vacations happen, early retirements possible, and startups start off because it's smart, dependable instead all words you want from your
9:31 pm
bank for nearly 160 years, pnc bank has been brilliantly boring. so you can be happily fulfilled, which is pretty th'
9:32 pm
3636, called now closed captioning brought to you by gilt visit gilt.com today for up to 70% off designer brands has the designers that get your heart racing thing. i'd inside a prices new every day, hurry. there'll be gone in a flash designer sales at up to 70% are sop gilt.com today we're breaking news now a new filing from special counsel jack smith, who's urging the supreme court to reject former president trump's sweeping immunity claims at the moment, the federal election subversion case against the former president is effectively on hold. all the supreme court is set to hear arguments in the case april 25th. cnn's evan perez has the latest, so jack smith criticized former president trump's immunity argument is novel and sweeping what else does he say in this filing? >> that's right. anderson jack smith says that the president's the former president's claim to have this broad immunity has no basis in the constitution in certainly
9:33 pm
doesn't have any basis in the nation's history and in the principle that no one, including precedents is above the law region, just part of what this 60 plus page filing from the special counsel says they said he wrote he says the president's constitutional duty to take care that the laws be faithfully executed, does not entail a general right to violate them he goes on to say, the framers never endorsed criminal immunity for a former president and all presidents from the founding to the modern era have known that after leading, leaving office, they faced potential criminal liability for official acts. now former president trump anderson has claimed that if this prosecution is allowed to go forward, this is going to impair the presidency forever, including all former president it's and jack smith pushes back against that argument here. i'll read you just another part of this the petitioner is charged with crimes that if proved at trial reflect unprecedented assault
9:34 pm
on the structure of our government. the effective functioning of the presidency does not require that our former president be immune from accountability for these alleged violations of federal criminal law to the contrary, a bedrock principle of our constitutional order is that no person is above the law, including the president anderson. we also see a lot of push back here from the idea that this, this case should be sort of put on hold and sent back to the courts for more hearings. jack smith is saying that the courts have already handled a lot of the questions that are at issue here. >> and just remind people that timeline in this case well, the timeline the room cord is now hearing this, but if you remember, jack smith had asked them to take a look at this and consider this back in december and so the fact that we are here now, we're going to hear, we're going to have the oral arguments on april 25th that means that we may not here we
9:35 pm
might not have a final decision from the supreme court until july, which is when we expect that their term we'll end anderson. >> all right, everyone. thanks. joining me now to break it down, the special counsel's latest filing is former republican congressman and kinzinger who served on the house january 6 committee and former federal prosecutor, jeffrey tube. and such, if i want to read something else from jack smith's filing, he wrote federal criminal law applies the president petitioner suggests that unless a criminal statute expressly names the president, the statute does not apply that radical suggestion which would free the president from virtually all criminal law, even crimes such as bribery, murder, treasonous addition, is unfounded. do you think that's enough for this report? >> i think the broad trump claim that he is absolutely immune from all criminal charges relating to when he was president. that's never going to win that. that is not a tenable argument and i think jack smith's argument there makes it makes it pretty clear the problem for the government, the problem for the justice department, jack smith here, is
9:36 pm
this idea that there may be some areas of presidential conduct that are in fact off limit and the district court has to have a hearing to decide whether this case implicates that that would delay this trial well, into next year, and you could tell in reading the government's brief that they're concerned about that the issue was a remand sending it back to the district court for more hearings. that's the real worry here for the prosecution, not that somehow trump is going to win and the supreme court just decide, instead of it being sent back for raman. >> yes, that's what that's what smith is asking them to do. he's saying, look, just let this trial proceed. and that's what the dc circuit, the intermediate appeals court decided that they don't have to be any more hearings. this case can just go that's what smith wants. the supreme court to do, but he's clearly worried that they are going to ask for more hearings before they let the case go to trial. congressman, the special
9:37 pm
counsel's team also references a piece of illegal logic. the most high school history students could probably follow, which president gerald ford would not have pardoned former president richard nixon after watergate. if a prosecution wasn't a possibility, do you think the supreme court will care about that? >> yeah. i mean, i think look, i think this is going to if it doesn't get remanded, it's going to get like dismissed out of hand nine or eight, one >> but >> let's look at the >> politics of this. so the gerald ford example is really important. secondly, we fought a revolution against the british because we believe that no person is above the law. we were against having a monarchy rule us. that's untouchable and taxation without representation. the other thing that's interesting here is the same guy, the defendant, donald trump, who was saying that he has absolute immunity from everything, is still out there at every speech talking about the laws that so the so-called laws that are being broken by joe biden, which of course
9:38 pm
there's no evidence of. >> but >> you can't on the one hand, say that a president has absolute immunity. and on the other hands say that the president of the united states, joe biden, is violating laws, or he needs to be locked up or all this kind of stuff. it's asinine, but that goes to the whole point here. the whole point is not to argue deep legal theory and not to get an answer of deep legal theory. it's to stall and delay so that donald trump in his mind hopefully wins. and then he can direct the department of justice to dismiss this case and they will because they will be under his direction >> as part of their argument for immunity, trump's attorneys, they've been arguing there are pointing to the fact that no president has ever faced criminal charges on his official acts. and jack smith addresses this writing. the absence of any prosecutions of former president's until this case does not reflect the understanding that presidents are immune from criminal liability. and instead underscores the unprecedented nature of petitioners alleged
9:39 pm
conduct. these are essentially saying there's just hasn't been a former president like trump exactly and the fact that no other president has tried to overturn an election in which he lost doesn't mean that you get a free pass when you actually do try to overturn the i mean, the idea that donald trump is different, that this conduct is different from any other president, former president is at the heart of this case. and the idea that because trump has done something so novel and so awful that he gets away with it is something that i don't think the supreme court is really going to in commissioning your former january 6 colleague, liz cheney said, are your generous six committee colleague said recently, that is very important members of the supreme court >> recognized trump is just trying to run out the clock and not allow them to do that. do you think the court should take the timeline of the case? into account >> what really think they do. they should personally, because
9:40 pm
look, this is going to be obviously very important for the structure of the nation. the other thing is the president has gotten a lot of consideration that a regular defendant and not just on the immunity issue, wouldn't get i think it is something they should now should they rushed the judgment? not necessarily. you know, we have, to make sure this is done fairly and donald trump gets his due course to litigate this in the law. but you also have to recognize that this is very important stuff for a country that's about to make a very important decision. and it's clear, i think justices have to look at just the reality here. it's clear that what donald trump is trying to do is utilize them to buy time simply to get past an election, and then frankly, if he wins, it doesn't matter what happens after that when he just simply directs doj to drop the case, it is coming visit clarence thomas is going to be weighing in on this, whose wife was involved on general our second unbelievable unbelievable. i mean, the idea that it's someone whose wife
9:41 pm
was intimately involved in still a believer that but she's entitled to believe any sheen did you want and she's entitled to exercise her first amendment rights in any way she wants, but it creates the impression when your husband is evaluating some of the same conduct you were you as the wife. we're advocating. it's it's unbelievable and just the fact that he hasn't recused himself yet it just shows how we are becoming immune to use a phrase from this egregious conflict of interests that thomas has, but there is no oversight over the supreme court. there is no binding ethics court code on the supreme court so it other than impeachment, there's nothing anyone can do to clarence thomas left. toobin. thanks so much, congressman kinzinger. thank you. coming up next. why four in prison, trump's latest statement on abortion has been met with criticism from pro-life groups and members of his own party that's next up
9:42 pm
for championship >> nice shot marcus tweak. it turns simulation off >> not so >> why did you forget what? >> here chem exam >> last cartel, the atomic weight of four on the future isn't scary, not investing in it is 100 innovative companies, one etf before investing carefully we didn't consider fund investment objectives, risks, charges, expenses in more in perspective, said invest go.com, if you're looking for a medicare supplement insurance plan, that smart now, i'm 65 and really smart leader. i'm 70 >> consider an aa dark p medicare supplement insurance plan from unitedhealthcare. with this type of plan, you'll know upfront about how much your care costs, which makes planning your financial future easier. so call unitedhealthcare today to learn more about the only plans of their kind with the aarp main and set yourself and your future self up with an aarp medicare supplement plan from
9:43 pm
unitedhealthcare dangerous ladders, gutter mac yeah no wonder you hate cleaning your gutters. good thing, there's lee filter are patented filter technology keeps leaves and debris out of your gutters forever guaranteed late. three three lee filter to get started and get the permanent gutter solution that ends clogs for good. >> they took the time to answer all of our questions, say really put us at t0 he's and clot gutters for good. >> call a 3-3 lee filter, revisit lee filter.com today, i won't let my moderate to severe plaque psoriasis symptoms define me emerge as you with trump via most people saw 90% clear skin at four months. and the majority stayed clearer. i'd five years cbs >> allergic reactions may occur, can fire, may increase your risk of infections and lower your ability to fight them until you, doctor if you have an infection or symptoms or if you had a vaccine opened to emerge as you emerge trim phi it ask your doctor about trump via we are rahm. and when
9:44 pm
trucks are what do you do truck month better than anyone else you do trucks that work harder? and play harder than you do trucks that when by breaking every rule of what a trucks should be. so this truck month, would you should do is drive around troxell. what we do during ram truck months, get new rollback manufacturers pricing with lower starting msrp is plus 1,000 bonus cash on 2024 ram heavy-duty trucks sail through the heart of historic cities and unforgettable scenery with faking, unpack once, >> and get closer to it. honig landmarks loca life, and cultural treasures >> because >> when you experienced europe on a viking long ship, you will spend luck it's time getting there and more time being there viking exploring the world in comfort president trump today
9:45 pm
made what maybe his clearest statement yet on where he stands on abortion, conservatives have called on him to support a federal >> nationwide ban, but that is not what he did in this video posted online. hi. >> my view is now that we have abortion where everybody wanted it from a legal standpoint the states will determine by vote or legislation, or perhaps both and whatever they decide must be the law of the land in this case the law of the state. many states will be different. many will have a different number of weeks or some will have more conservative than others. and that's what they will be at the end of the day. this is all about the will of the people now this follows a brief flirtation with supporting the 15 week federal ban with exceptions carved for incest and rape or when the life of the mother is in danger. republican candidates run the country have at times struggled to stake out a position on the issue following the supreme court's overturning of roe v. wade back in 2022 a ruling that
9:46 pm
the former president says he proudly responsible for the foreign presence video statement drew condemnation today from his own former vice president mike pence, who called it a slap in the face of the pro-life americans who voted for their ticket in 2016 and 2020 republican in south carolina, senator lindsey graham suggested that he respectfully disagreed with the former more president and the organization, susan b. anthony, pro-life america released a statement saying in part we are deeply disappointed in president trump's position on social media. mr. trump hit back at his critics on the right, suggesting their hardline stance for federal ban would only provide a boost for democrats in the november election, you rights people forget fighting roe v. wade was right from the beginning all about bringing the issue back to the states pursuant to the 10th amendment and state's rights wasn't about anything else and quote, he went on to say the democrats would never give up on this issue no matter how many weeks the republicans went, even if they went unlimited abortion now it's worth pointing out that foreign president's believes that abortion should be left to the states, is just the latest in his evolving view on the issue,
9:47 pm
keeping them honest on that. here's our randy k donald trump's staked out his first public position on abortion in april of 1989, when he co-sponsor to dinner at the plaza >> hotel in manhattan for the president of a national group that advocates for abortion rights then more than a decade later, in 1999 on nbc's meet the press, trump defended his position, doubling down on it. >> i'm very pro-choice. i hate the concept of abortion. i hate it. i hate everything it stands for. i cringe when i listen to people debating the subject but you still i just believe in choice, but you would not ban it? >> no. >> as the years passed and trump grew more serious about running for president, his position on abortion flipped this was him at cpac, the conservative political action conference in 2011. >> i'm pro-life i'm against
9:48 pm
gun control >> by then, >> trump was opposed to >> abortion rights in a cnn interview in june 2000 15 even trump himself seemed momentarily confused about where he stood on the issue. >> i know you're opposed to abortion approaches. you're your for choice for proline. i'm pro life i'm pro-life. >> later in 2015 at a gop presidential primary debate, trump was asked why his position on the issue changed since 1999 he explained he'd quote evolved what happened is friends of mine years ago, we're going to have a child and it was going to be aborted and it wasn't a boarded and that child today is a total superstar, a great, great child. and i saw that and i saw are other instances. >> the following year in 2016, i'm willing to put i'm pro-life the judges will be pro-life as recently as may last year, trump was still
9:49 pm
noncommittal about what exactly a national abortion ban it might look like if he were elected again portion band, you did not say yes or no to that >> what the deal is done. i'll make the right tissue in february trump's signaling he was open to a 15 week federal ban with exceptions for cases of rape, incest. and when the life of the mother is in danger people are agreeing on 15. and i'm thinking in terms of that, i'll make that announcement at the appropriate time. that >> announcement when it came today, marked trump's latest attempt to thread this political needle randi kaye, cnn, palm beach, florida, join me out to cnn's audie cornish, host of the assignment podcast what do you make of his latest positioning? >> well he's consistent and that he believes and winning elections and he said in the statement very explicitly that that's what he thinks needs to be the concern now and has lashed out at the anti-abortion critics who have gone after him
9:50 pm
for the things that went unsaid in the statement, right? not saying he'd sign a national ban for existed for example so i think that he needs to take the credit for the end of roe v. wade, but he doesn't want to take credit for the fallout, which in some 11 election since 11 or 12, democrats have seen gains because people feel feel like things have gone too far in their states. >> i mean, a skeptic would say, well what's just stop him from changing his views as soon as he gets into office, that essentially he says what he needs to at the time in order to get elected >> i also want to broaden the conversation in that it's actually not just about a band, yes or no? no right now, you have anti-abortion activists who are very much seeking to end. let's say, getting abortion pills by mail. if you had a trump appointed chief of the fda maybe he would be supportive of that. he or she, right? there's also something
9:51 pm
called the comstock law, which talks about mailing things again, obscene materials there are all kinds of executive actions and orders that a trump administration would be very much four because they are things that they did before biden comes in, makes changes again and trump has promised to roll back all kinds of executive actions. so there are all kinds of funding and rules that you don't need congress war, you don't need the supreme court for that. he can affect and most likely will do you think the pushback from groups, from lindsey graham, from antiabortion groups do you think that that has an impact on trump? >> yeah. i mean, my dots cynical view is that it cares very much about what they think and that's why he's lashing back. my cynical view is by having these groups basically say trump, you won't go as far as us. he gets to turn to the
9:52 pm
rest of america and say, see, i'm not extreme, i'm not them. i'm not going to push you that far. even though it's hard to see him saying, oh, the florida than at six weeks. that's about to take place in may, which is before most women know they're pregnant, shouldn't go into effect. we haven't heard him say something like that. we haven't heard him talk about any of these stay laws have gone into effect and say that's too far. and so i think he it helps him to have a conversation that makes him look like he's somewhat near the middle, even though inaction we know that he's not he also seemed to come out supporting ivf, which again is a huge issue. and one that a lot on the right do not agree with >> i mean, obviously, i think the minute that ruling happened out of alabama, you had a lot of republicans saying, wait a second. what are you guys doing? but the truth is, while they have momentum anti-abortion activists are
9:53 pm
going to go after things that that follow in line with the overall ideology, which would be life begins at conception. and if that's the case, yes. ivf is vulnerable. conception itself, contraception is vulnerable. there's lot of policy that follows this thinking. and what we haven't heard trump or anyone in a circle say, say from project 2025, these people who were preparing for a trump second term we haven't heard them say that's too far. right. so i >> think that what will help people is if they listened to him speak in totality because it is still very extreme and i want to say one footnote, which is that even in his speeches, he's continued to repeat the falsehood that democrats want to do abortions after the baby is born. he said this multiple times and still says it and set it in this statement as well. so there are all of these breadcrumbs that reveal where this is going. even if it's
9:54 pm
designed to make you feel like it's a gentler, softer, squishier conversation than it is. >> but it garners thank you so much. thank you. might remember for better or worse, are harry enten whether camp graduate i might add to spent last week trying to teach me about the eclipse. i don't know if you saw that all audie big moment has finally happen. we're going to check in with harry from his reporting posts in niagara for falls to see how things went up there very eager to find out file 100% free with turbotax free edition >> roughly 37% of taxpayers qualify form ten, 40 and limited credits only. see how a turbulent patch that's me >> imagine making premium cocktails at the touch of a button. introduce thing by artesian. simply insert the capsule select your strength and enjoy sharper mom and get
9:55 pm
$50 lab only a party-run dot com slash mom ocd is more than what you see on tv. and in the movies, it comes with unrelenting intrusive images, thoughts, and urges. if you have ocd and need help you can get better. who specialized treatment go to know cd.com to learn more. >> this is my favorite >> this one. >> oh, is this going to be ready for the pain from this? sign and products to removal and installation rebound this with you through every step of your remodel. the color visit rebirth.com for your free in-home design consultation. >> covid-19. >> i'm not waiting >> if it's covid packs love it. packs. logan is an oral treatment for dolts with mild-to-moderate covid-19 at a high risk factor for becoming severe, it does not prevent covid-19. >> my symptoms are mild now, but i'm not risking it if it's covid paxil ovid packs lovin must be taken within the first five days of symptoms and helps stop the virus from multiplying in your body, taking pecs little bit with certain medicines can lead to
9:56 pm
serious or life threatening side effects or affect how id or other medicines work, including hormonal birth control is critical to tell your doctor about all medicines you take because certain tests are changes in their dosage may be needed. tell your doctor if you have kidney or liver problems, hiv-1, our plan to become pregnant or breastfeed, don't take packs, love it if you're allergic to neuroma, 12-year ritonavir or any of its ingredients serious side effects can include allergic reactions, some severe like anaphylaxis and liver problems. these are not all the possible side effects. so talk to your doctor. >> commercially insured patients may pay as little little is $0, and the us government is making packs little bit available to medicare, medicaid, and uninsured patients for free terms and conditions apply to both programs learn more at pax low bid.com slash paxos and ask your doctor today if it's covid packs lovin your yard. this your sanctuary where you should feel three was talking about the dogs >> they need the lawn back fast, >> and new scott's turf be the
9:57 pm
grass. it's revolutionary mix-up. see? fertilizer that grows grass two times faster and see the loan given you a stronger, long, that issa, how for either way, i smell it. i'm still talking i can do the dogs gets got her builder rapid grass today. it's guaranteed phi did law phi. then >> i mean, to fight this war? >> and when it against the king and i will pay it back 100 times over >> you must wash this beast at its head the path to victory now >> this one, violence >> toward it house of the
9:58 pm
exceptionally stink free and smell as good as humanly possible >> erin burnett outfront tomorrow at seven odd cnn >> niagara falls is obviously popular destination for tourists, but there's usually not big crowds as tommy year until it was in the path of
9:59 pm
totality for today's eclipse. as you can see, they attracted a lot of people to look at the sky next to a horseshoe falls or harry enten the former whether camp attendee was there, he joins us now, while you've got a hard hat on. so harry, how was it i am sick and tired of everyone saying oh, the eclipse was so amazing. we came here to western new york. i've been here for five days we just can't catch a freaking break up bills lost the chiefs and the division around and today, it was pure clouds. if we did not really get a true eclipse, only magically at the last moment, it went dark, but we didn't actually get to see the moon cover over the sun. you >> didn't see anything >> i can't believe. you. all it is is you just see it go oh, dark. that's really all that we saw at that wasn't covered in clouds clouds >> it >> was all clouds the entire date was sunny yesterday. it was sunny saturday. just our luck. it was cloudy today. derrick van dam gets to see a gosh darn proposal in front of
10:00 pm
them. what we get is gosh darn clouds covering the entire hi revenge. i got to tell you, harry, i just went up in my roof and i saw a really pretty cool eclipse in new york city. you shouldn't just say of course, of course, then you didn't invite me to that roof. maybe i wouldn't have had the wouldn't have to come out to western new york to see clouds. i could have been on your roof with you enjoying it >> this is just a yet enough the reason why you should never leave new york city you know, i think that's exactly right. this is the reason why should never leave new york city. it the reason i'd never i've been to canada before, although i should say a lot of your viewers think that i should be joining canada. maybe you and i can go together to canada. it can be in my first experience north of the border of canada is one of the greatest countries in the world that the pupils are so incredibly nice. there was so was there one experience, a big take any takeaway from this? we only got a few seconds left >> yeah. i think my big experience in here is what you just said, stay in new york and less than two of us are going to canada because the truth has
10:01 pm
any time i leave the city, only bad things happen. all right?