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NEW DAY

Supreme Court to Rule on Two Same-Sex Marriage Cases; President Obama to Africa; Snowden in Moscow Airport; A-Rod Versus Cashman; Deen Addresses Slur Controversy

Aired June 26, 2013 - 08:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: This is the central jagged line in our politics. The Supreme Court is going to be poking at.

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CHRIS CUOMO, CNN ANCHOR: Decision day, the Supreme Court just hours away from a landmark decision. Will they make same-sex marriage the law of the land?

KATE BOLDUAN, CNN ANCHOR: Speaking out. Paula Deen breaks her silence this morning answering questions for the first time since admitting using racial slurs. Can she win back the fans?

MICHAELA PEREIRA, CNN ANCHOR: Helping hands. The task force that goes into the homes of hoarders and helps them get rid of the clutter. Our Dr. Sanjay Gupta joins us live.

CUOMO: Your NEW DAY continues right now.

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(BEGIN VIDEO CLIP)

ANNOUNCER: What you need to know.

UNIDENTIFIED MALE: I asked for saran wrap and vaseline. I was going to try to seal the chest wound.

ANNOUNCER: What you just have to see.

UNIDENTIFIED FEMALE: I remember just looking up and just the color of sand, it was like being part of being everything.

ANNOUNCER: This is NEW DAY with Chris Cuomo, Kate Bolduan and Michaela Pereira.

(END VIDEO CLIP)

BOLDUAN: Good morning, again. And welcome back to NEW DAY, everyone. It's Wednesday, June 26th. I'm Kate Bolduan.

CUOMO: And I'm Chris Cuomo. Always, with our news anchor Michaela Pereira, it is 8:00 in the East.

Coming out this hour: Paula Deen has spoken out. We're going to break down this tearful apology that she had in just a few minutes. What does it mean for her going forward?

BOLDUAN: And then A-Rod infuriating the general manager, all with one single tweet. What he said that made his boss so mad.

PEREIRA: And this little something that drivers had suspected for long time now that is going on. There could be proof that one police department is linking tickets to pay raises. That story coming up.

CUOMO: But, first, a landmark day. In just about two hours, the Supreme Court will weigh in on one of the country's most divisive issues, same sex marriage. The high court's decision this morning on two historic cases could completely change the definition of marriage in this country.

CNN Joe Johns is live with the Supreme Court with that -- Joe.

JOE JOHNS, CNN CRIME AND JUSTICE CORRESPONDENT: Chris, people spent the night out here hoping to get a seat for the same-sex marriage decisions. Of course, we're told they only gave out about 50 tickets or so to the general public. The Supreme Court leaving two of its biggest decisions of the year to the very end of the term.

(BEGIN VIDEOTAPE)

JOHNS (voice-over): Two hot-button cases that could change life in America expected to be decided this morning at the Supreme Court.

In one case, it's whether the federal government can take away benefits from married couples under the Defense of Marriage Act because they're the same sex. And in the other, if it was OK for voters in California to decide that marriage should be between a man and a woman because of Proposition 8. Two gay and lesbian couples brought the case.

KRISTIN PERRY, PROP 8 PLAINTIFF: I think America is ready for that. I think America does have this founding principle around fairness and equality that we believe in, too.

JOHNS: Court watchers are wondering whether the last case the court decided overturning the key part of the Voting Rights Act is a hint about how justices will rule today.

JONATHAN TURLEY, GEORGE WASHINGTON UNIVERSITY: The decision on voting rights in some ways was viewed by the majority as supporting state's rights. That certainly works to the advantage of states like California in the Proposition 8 case.

JOHNS: The voting rights ruling could change life in America as well, thanks to the Supreme Court ruling. All or parts of 15 states, mostly in the South, no longer have to ask the federal government for approval before they make changes to voting laws that could affect minorities. But other parts of the law were left standing.

TURLEY: It is still unlawful to engage in practices designed to discourage minority voting.

(END VIDEOTAPE)

JOHNS: The Voting Rights Act case was not a surprise. The court warned years ago that it might do this. But today, the focus on same- sex marriage -- we're expecting the court to start talking about this case about 10:00 Eastern.

Back to you.

CUOMO: All right, Joe, will they take the action itself or put it back to a lower court or congress, we'll see.

Kate?

BOLDUAN: Within the hour, President Obama and the first family are leaving for a week-long trip to Africa. It's a visit that could be overshadowed by the failing health of South Africa's Nelson Mandela.

CNN White House correspondent Brianna Keilar is in Senegal, the first leg of Mr. Obama's three nation tour.

So, what are you expecting, Brianna?

KEILAR: Well, Kate, as of right now, it's sort of up in the air because of the health of Nelson Mandela. But what was planned for President Obama or what is planned and continues to be so for President Obama and first lady Michelle Obama and their daughters also on this trip is a seven-day visit that will include Senegal here and then South Africa and then Tanzania.

This will be President Obama's first extended trip as president to Africa. He came back in 2009 to Ghana for less than a day. So, this is really an important trip to this continent and to the nations that he will be visiting.

The primary focus of his trip is going to be the economy, specifically increasing U.S. trade and investment in Africa. Sub-Saharan Africa has actually grown more quickly than the international economy. Although, obviously, there are a lot of limitations because development here is so limited. But hanging over this entire trip, certainly, is the health of Nelson Mandela and how that may affect the trip.

The White House will not speculate on that right now, but this is, obviously, something that will be very significant between U.S. and South African relations. President Obama met Nelson Mandela years ago. Nelson Mandela thought it was very important when President Obama was elected.

So, this is what we'll be waiting to see how this develops, Kate.

BOLDUAN: Yes, and something the White House is keeping a very close eye on as everyone across the world is watching closely as well.

Brianna, thanks so much. Enjoy the trip.

CUOMO: Listen up, everybody. We have new developments for you in the NSA leaker case. We know exactly where Edward Snowden is. He is holed up in the transit area of a Moscow airport. Not technically in Russia, not technically anywhere else and, certainly, still out of the grasp of the U.S.

Now, Russian President Vladimir Putin is saying Snowden is a free man and Russia will not hand the fugitive over to the U.S.

CNN's Phil Black has more from Moscow.

(BEGIN VIDEOTAPE)

PHIL BLACK, CNN INTERNATIONAL CORRESPONDENT (voice-over): Ravings and rubbish, that's how Russian President Vladimir Putin described any suggestion his country is helping Edward Snowden. Speaking on a visit to Finland, Putin said Snowden's arrival in Moscow was completely unexpected. And despite the wealth of knowledge Snowden claims to have about intelligence around the world, Putin says Russia's own security forces have not spoken to him since his arrival.

VLADIMIR PUTIN, RUSSIAN PRESIDENT (through translator): Mr. Snowden is a free man, the sooner he chooses his final destination, the better it would be for us and for himself.

BLACK: Putin seemed to rule out any chance, Russia will return Snowden to the United States.

PUTIN: We can hand over foreign officials on which we have appropriate international agreement on the extradition of criminals. We don't have such an agreement with the United States.

BLACK: But the United States argues there is still a clear legal basis for Russia to expel Snowden.

JOHN KERRY, U.S. SECRETARY OF STATE: We're not looking for confrontation, we're not ordering anybody. We're simply requesting under the very normal procedure for the transfer of somebody, just as we transferred to Russia, seven people in the last two years that they requested, that we did without any clamor, without any rancor, without any argument and according to our sense of the appropriateness of meeting their request.

BLACK: Russian officials have told CNN passengers can only remain in transit at the airport 24 hours. For Snowden, that window has long passed.

But Russia seems ready to wait for Snowden to make his own decision on where he goes next.

(END VIDEOTAPE)

CUOMO: All right. Our thanks to Phil Black in Moscow there. You know, we have to keep in mind this started being about leaks and then turned to what kind of man Snowden is and now something much broader. This is about the perception of America on the world stage.

Vladimir Putin said the U.S.' claim for Snowden to be returned is like shaving a piglet. Too much squealing, not enough wool. I mean, when was the last time we heard that kind of rhetoric?

BOLDUAN: I never heard that line before. This snowball under to something larger, it was already a serious leak case and now so much more.

The summer just started, already a scorcher. Let's get straight to Indra to let us know just how hot it's going to be.

INDRA PETERSONS, AMS METEOROLOGIST: Just what everyone wants to hear, right? Yes, you are going to die, so hot out there this weekend.

Here's the good news, though, relief. I actually have the good news. In New York City, we're not seeing the heat advisory, but there's a new one up today. We're actually looking out towards Philly. Temperatures in the 90s once you add that humidity and we're talking about feeling about 98 degrees. So, definitely the heat is on there.

But we still have the rain in the Ohio Valley. We're still dealing with the same cold front and doesn't want to budge, but it eventually is that low makes its way to the east and not only dealing with a cool down, but also some more rain. Look for that in the next 48 hours or so. About two to four inches on the East Coast, right around New York, even around D.C. by tomorrow.

The other change, yes, as that low moves in, we're going to be talking about cooler temperatures and that's the big deal, right? How cool? Right now 10 to 15 degrees above normal. It will feel a lot better. Good timing, by the way, as we go towards the weekend. I actually want to sit outside and enjoy that weather.

Very beautiful out there and that's what you want to see as far as the southeast typical afternoon hours. They're used to that by the afternoon. But feeling better by the weekend. Can I get a thank you?

CUOMO: Thank you, Indra.

BOLDUAN: Thanks, Indra.

PETERSONS: Anytime.

CUOMO: Very nice, very nice.

All right. A lot of headlines to tell you about this morning. So, let's get over to Michaela.

All right. Let's do it. Thanks so much, Chris.

Good morning, everybody. Confusion and anger in Texas over a vote on sweeping abortion restrictions. The vote did happen. It happened too late, however. It missed a midnight deadline and the governor declared it dead. Had it passed, the new restrictions would have closed nearly all abortion clinics in the state.

Democratic State Senator Wendy Davis almost killed the vote singlehandedly by staging a grueling 11-hour filibuster. Today, George Zimmerman's previous 911 call is expected to be called into question. The judge is likely to decide whether to include them as evidence in his second degree murder trial for the death of teenager Trayvon Martin. It follows a day of graphic evidence, including pictures of a lifeless Trayvon which elicited strong reactions from people in the courtroom, including the young man's parents.

Take a look at this. It's a dramatic rescue from a Florida swamp. A 55-year-old man had been missing for days. Rescuers located him in a stick forest in Flagler County. They were unable to get to him on foot because the terrain there is so rough. So, they sent in a rescue helicopter to pull him out from the air.

We are pleased to report that he is going to be OK.

Quite a scary car crash in the nation's capital, not far from the White House. It happened during rush hour when an out-of-control car jumped a curb and slammed into people dining outside at a local cafe on Pennsylvania Avenue. Three people were seriously injured, including a 2-year-old boy.

Some families in a Pennsylvania neighborhood recovering from the excitement of this unexpected visitor. Yes, that's a gator. Three- foot long one. We're not talking Florida here. Reminder, it is Pennsylvania. Seven-year-old Olivia Sullivan spotted it on a wood pile just feet from her family's backdoor. Police say eight or nine curious kids were on the scene as they captured it.

Police say they weren't sure how to do it so they referred to skills they saw on reality television shows like "Swamp People." Who knew that would come in handy? Likely an exotic pet that got away from its handler.

BOLDUAN: See, you can learn something from reality.

PEREIRA: You can.

CUOMO: "Swamp People" is a great show.

(CROSSTALK)

PEREIRA: I want to check out your TiVo list.

CUOMO: Watching party at my house. It's better on the schedule, everybody.

All right, moving on. Slugger Alex Rodriguez in big trouble with his boss, Yankees General Manager Brian Cashman. A-Rod apparently jumped the gun when he sent out a tweet saying he has been cleared to play by his doctor.

Let's bring in CNN's Rachel Nichols here.

I say apparently, but I'm underplaying it, right? This is pretty hot and heavy.

RACHEL NICHOLS, CNN SPORTS: A-Rod joined Twitter a month ago. Everybody in sports thought this is not a good idea.

(LAUGHTER)

NICHOLS: And, sure enough, here we are. Alex has been in Tampa rehabbing from his hip injury and some people around him floated out a couple days ago that he might be ready to come back and play full games. The Yankees have been pretty emphatic, saying that he's not ready to do that, and then, of course, Alex goes out and sends out this tweet yesterday, saying, "Hey, I've been cleared to play," and even shows a photograph of himself with the doctor who performed his surgery.

Now, Brian Cashman, I've got to tell you, known him for a long time. He's one of the more even keeled guys in baseball, he did not have a calm reaction to this.

I want to show us what our good friends at "New York Post" in their usual understated way. They're showing the quote that Brian Cashman, the general manager of the Yankees had in response to Alex Rodriguez.

And, you know, full quote here is he said, "You know what, when the Yankees want to announce something, we will. Alex should just shut the bleep up. That's it. I'm going to go call Alex now."

We're told that he actually ended up e-mailing Alex because he couldn't reach him, but I'm sure they probably talked since then.

This is the outgrowth of a lot of frustration.

CUOMO: That's what is confusing here. Why is he so angry? Doesn't he want his star back on the field? Is this about something else?

NICHOLS: I mean, this has been a difficult road for Alex Rodriguez and the Yankees. They have him under a 10-year, $275 million contract, which, of course, is not what Chris makes, but almost.

And unlike Chris, who is performing great on the field here for CNN, Alex has had a bunch of injuries. He's again the target as performance enhancing drug investigation for Major League Baseball, and I think they basically feel like, you are not necessarily an employee in good standing. Don't sit here and say that you're ready to do something that you are not.

So, some frustration from Brian Cashman and probably decent amount of Yankees fans out there of which there are many, many Yankees fans out there.

BOLDUAN: Frustration, but when there is a fight within the family, you want to keep it within the family. You don't want to make these headlines.

(CROSSTALK)

CUOMO: I don't want to see you there, Kate, talking about me. Right here.

BOLDUAN: Chances are high. I'm just saying. I'm just kidding.

All right. Coming up next --

CUOMO: Thanks, Rachel.

BOLDUAN: Thanks, Rachel.

BOLDUAN: Coming up next on NEW DAY: celebrity chef Paula Deen is apologizing, again. What impact will all this have on her media empire? We'll ask the experts what she can do to get back in the public's good graces.

CUOMO: And hold on to your wallet, everybody. A controversial new plan to tie police pay raises to the number of tickets they write. How many of you are saying, I knew that happened?

BOLDUAN: I knew it!

CUOMO: I knew it!

(COMMERCIAL BREAK)

BOLDUAN: And welcome back to NEW DAY. Just moments ago, Paula Deen appeared on the "Today" show to address the controversy the first time, really, since admitting she used a racial slur. She says she is not a racist. Listen here to a little bit of her interview with Matt Lauer.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: If there's anyone out there that has never said something that they wish they could take back. If you're out there, please, pick up that stone and throw it so hard -- that it kills me. Please, I want to meet you.

(END VIDEO CLIP)

BOLDUAN: Tearful, tearful apology.

CUOMO: Yes. This is tough territory. Let's bring in a couple experts here to deal with this. We've got criminal defense attorney again, Danny Cevallos and Marvet Britto, a branch strategist, the president and CEO of Britto Agency. Thanks to both of being here.

This has taken on the level where it needs this type of analysis. So, the first question is for Marvet. You see the emotion there. You understand what was covered in the interview. What does it mean to you?

MARVET BRITTO, PRESIDENT & CEO, THE BRITTO AGENCY: It doesn't mean a whole lot to me. In fact, I was surprised that Paula Deen didn't take more ownership of exactly what she said, the words that she spoke and add context and clarity for an audience that's very confused by her words. She has a big personality and southern charm. I would have loved to see her use that to really address the allegations and explain why, if she did say those words, what context she shared those words? We saw her deflect a little bit and talk a lot about how her friends felt, how her grandchild felt. We want to know how you feel. And we want to hear a heartfelt apology towards an audience who was offended by your words.

CUOMO: She says that when she admitted using the N-word, it literally was one occasion, that she had come out of a traumatic situation where there was a gun to her head, and that's what -- that's her explanation for it. And, Matt asked her, following up, so, you've never ever said it again? She said never. What do you make of that?

BRITTO: What I make of it is that throughout the deposition, she was asked and it seemed to me that it wasn't the first time and she wasn't surprised that she was being called to the carpet on this issue. I was also surprised that Paula Deen didn't take a more proactive approach to getting ahead of this mishap. It seemed to me that she didn't think it was any real issue in the words that she spoke.

It showed that because of the fragmented way in which she addressed this misstep. She has a global brand in which to protect. She didn't step forward immediately. She took her time, stepped back, came forward, stepped back and gave a pathetic, in my opinion, video apology. Canceled an interview.

She seems like she has something to hide and she doesn't understand not only the gravity of the allegations, but also the potent nature and gravity of the African-American community and the spending power. I believe she stepped up only when she saw her brand falling apart.

BOLDUAN: Now, Danny, I want to bring you into this, but let's first just listen to another bit of the interview, of course, as her apology continued with "Today" show's Matt Lauer. Listen to this.

(BEGIN VIDEO CLIP)

PAULA DEEN, CELEBRITY CHEF: I is what I is and I'm not changing. There's someone evil out there that saw what I had worked for and they wanted it.

(END VIDEO CLIP)

BOLDUAN: So, you can go at this from so many levels. You can talk about the impact on the brand. You can talk about the impact on the reputation and impact on her financial empire, but she is also facing a lawsuit right now. That's really where this all kind of came out. From what you heard in her apology, do you think it impacts one way or the other how this lawsuit is unfolding?

DANNY CEVALLOS, CRIMINAL DEFENSE ATTORNEY: Well, that's fascinating to me, because this -- even if she did say this word many years ago, it's probably not even admissible at trial in this lawsuit because the lawsuit is about what happened to a particular employee in just the last few years. It has nothing to do with what Paula Deen may or may not have said 20 years ago, but this illustrates an issue in the law that we called discovery at a deposition, the scope of discovery, the scope of questions you can be asked is so much broader than that which will ultimately be admissible at trial.

So, it's likely that her statement 20 years ago probably would never come in at trial. But this, again, illustrates an issue in litigation. For most defendants, their case is not high-profile. And, if you are asked anything under the sun, right and you answer it honestly, nothing bad will come of it. But now, celebrities beware, if you are sued, even if you believe you've done nothing wrong, consider now that you may be holding to a deposition and asked questions that have nothing to do with the case in chief and may not be even be admissible.

However, they can ruin your career. And when you're under oath like that, remember, she's under oath and she answered the question honestly.

It just goes to show that even if you feel as a defendant you've done nothing wrong, there may be a compelling reason to settle these cases and what message does that send to plaintiffs everywhere which is, sue away, and let people settle with you because, remember, as awful as what she did was, it does not really a go to this plaintiff's case in chief.

CUOMO: You know, it's an interesting thing. This is difficult for people to talk about, but it really shouldn't be because the whole point of this is to let it get out there so we can become better, right? That's what we want to do. We want to form better behaviors. We all know people use the N-word. We know it's wrong. We know there's absolute liability. She's being questioned about it in the media as if it is a murder allegation.

We shouldn't be that shocked. It happens. The question is, what does she do about it and what does it mean to the rest of us? So, I asked you, Marvet. In the interview, she starts talking about while fending off these allegations, did you do it once, did you do it three times, did you do it five times Which is a little bit beside the point, dramatic, but beside the point.

She also says hearing Blacks say it to each other hurts me. We need to start there. What about this idea? What are we going to do about this situation? Let's get past the intrigue about Paula Deen and her having said something that many do. She's just famous and wealthy. What do we do with this situation? What's the right resolve after the inquisition? How do we get better from this?

BRITTO: How we get better is understanding the pain behind the word. I think for her to be in a region, the south, where the very DNA of the racially charged allegations is so sensitive. But for her, for me as an African-American woman, I didn't want her to go there. I didn't want Paula Deen to say, they use it, so I have a pass or a right to use it. We're not proud of that word. And we certainly aren't proud of the word when other people use it. That doesn't give you the right to use it even if we use it. So, to say that it's used in my kitchen, what I would have preferred her to say is that, when I hear it in my kitchen, I put a halt to it, I put a stop to it. She said, when I hear it in my kitchen, I'm so disappointed in the young men that use it, but you allow it. You allow it.

So, that says to me, and to the gentleman in her kitchen, that she's allowing it because she's become desensitized. So, it almost validated her use of the word. We aren't proud of it as African- Americans, but we certainly will never allow those of another race to use that word against us.

BOLDUAN: So, Danny, what should Paula Deen do now? You know, she's -- every time she's come out or her family member comes out, it continues the quote/unquote "storyline," if you will and even though people should be talking about this more. What should she do now?

CEVALLOS: Well, not so much what she should do now in retrospect, because the bell has already been rung. If we could go back a few months, what she probably should have done is make an assessment of this lawsuit and decide whether or not she feels that she did nothing wrong, do I attend a deposition where I could potentially be asked these damaging questions and it could become public or do I settle this case?

And that's a difficult decision that all defendants have to make. Do I settle, even if I feel that I'm morally correct, even if it means that they may send a signal, hey, Paula Deen settles cases. Let's get ready. Let's get file lawsuits. For whatever reason, her and her attorneys made a decision to proceed at least a discovery, at least a deposition and that exposed her. I think, in retrospect, if she had that choice to do over again, she might have settled before.

BOLDUAN: And we never would have talked about it. So, so many legal questions, public relations questions, social questions, branding questions. It's brought up a lot.

CUOMO: Yes. Marvet Britto, thank you very much. Danny Cevallos, appreciate the analysis. And who matters most? All of you. The question that we want you to get back to us about on Twitter and Facebook, what should happen now? Do you think Paula Deen should just go away because of what she said in the past or is there something that now that should come out of this? What do you think? Also go to NEWDAYCNN.com. Give us your ideas on this.

BOLDUAN: Yes. Let us know what you think.

Still ahead on NEW DAY, you've seen those out of control hoarders on TV. There are shows about them. Well, Dr. Sanjay Gupta is here to show us how some communities are getting out there and trying to deal with this growing crisis and help them.

CUOMO: And something that many of us have speculated about for years. Do the police get paid for how many tickets they give out? Could be happening. Come back. We'll give you the truth. (COMMERCIAL BREAK)