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NYT: Joe Biden "Dodged A Bullet" In 2012; Children Facing Child Porn Charges; Lack Of Diversity At SNL?

Aired November 1, 2013 - 07:30   ET


JOHN BERMAN, CNN ANCHOR: I think that's a vast stretch, but what they did -- they took polling. They did some focus groups. They did the due diligence to find out what it would mean if she was on, on the ticket and what they found was that while it might help, it would not help enough to overcome the political firestorm that it would create. It's not the first time that an election team --

MICHAELA PEREIRA, CNN ANCHOR: It's par for the course, is it not.

BERMAN: There was the whole dump quail moment that was a huge part of the '92 campaign. In the George W. Bush's re-election campaign at 2004, W writes about how he considered dumping Dick Cheney because Cheney asked him. He said, look, you should consider dumping me and Bush writes that I consider it for a while and decided it wasn't worth it so this happens.

KATE BOLDUAN, CNN ANCHOR: We were talking to Jonathan Martin about it, the "New York Times" reporter, and I asked him like how serious is a serious consideration? You know, how seriously did they take it or are they focus grouping everything because they're in the middle of looking at poll numbers that are not so good at the moment? He said you don't put it to the polls. You don't pay for big focus groups. You don't put that kind of money to it unless you are taking it seriously.

CHRIS CUOMO, CNN ANCHOR: That's like half true, OK? There's a lot of money in politics because they use a lot of money. One of the ways they use is they test everything. They test message, look, they test where they should be and where they shouldn't. They definitely test who they should be with. The interesting part that, I don't know, maybe is in the book, maybe isn't, I'll have to give help in a call. What did Hillary's people say to them that may have distracted that process? Sometimes you don't go down the road that you know will have a bad end.

NISCHELLE TURNER, CNN ENTERTAINMENT CORRESPONDENT: The question I have is Hillary Clinton better off that this didn't happen? Because now we see this administration that's under fire, under such intense scrutiny and she's kind of gotten her hands clean now. She may want to run in 2016. So think about if she actually had gotten on the ticket and was vice president right now and was in the middle of this.

MICHAELA PEREIRA, CNN ANCHOR: I can't help but wonder if this is something to file under one of those nontroversy just to sell a book -- but it gives you an opportunity when you think about it. It's the end of a term. It gives you an opportunity to look at it, re-jigger. It's a restart point. Of course, you're going to consider that. Can we be doing better? Of course, you'll be considering, is there a different way we should go for the next four we're years? It doesn't surprise me.

BOLDUAN: I don't think there's anything that's a nontroversy in Washington.

BERMAN: I think this is a juicy-troversy. I think it is because it involves these characters that were in play and our very much in play for next time and any new thing we find out about them, I think is going to be interesting.

BOLDUAN: The Chris Christie thing speaks to just that.

BERMAN: Chris Christie definitely speaks to that. I don't feel like reading the accounts of this and doing the reporting back then. I'm not sure -- the fact that he was on the short list twice, which is what this book reports. It says that Romney considered and he fell off the short list and some aides said consider him again. It shows there were people inside that wanted him to be the choice. The body language isn't like Romney ever wanted it.

CUOMO: The value to you at home in listening to this, even if you don't care about politics, the intrigue that gets D.C. types going, we'll have Jay Carney on today. Listen to how he answers the questions about this. This never happened at least the person at the top and most of us, no, never. It is an answer you will never accept on anything in your own personal life. But it's very interesting for me to often hear how these guys and women answer questions that they're not really comfortable with.

BERMAN: I will say this, does this matter? I think it matters, anything involving choosing a vice president inside politics. It gets to how these candidates really think and make decisions, which does matter for leadership and being in the White House. What is this about Barack Obama that he would never have replaced Joe Biden when he had these options? It may say loyalty. That's what it would have said about W and George H.W. Bush when they face the same decisions in past administration.

CUOMO: That's getting a little tired. I have to tell you. Nobody cares more about this process than the man who's going to be on the ticket with whoever they choose.

BOLDUAN: Excellent point, excellent point.

CUOMO: I don't know if there's sand that deep to bury your head in.

BOLDUAN: You can always find it.

CUOMO: Coming up on NEW DAY, just when you thought it couldn't get any worse, the underage kids sexting. The law --

BOLDUAN: You even hate the word, though. CUOMO: The law calls it kiddie porn. That's what the story is all about. Dozens of kids may be in serious legal trouble this morning. We'll tell you why.

Also, we have this for you this morning, New York diversity problem. Why have so few African-American women been part of "Saturday Night Live?" We'll have the numbers and the take as well.


CUOMO: Eye of the tiger, that's what Katy Perry has. We have the eye of the storm with Indra Petersons checking the forecast. Where's it moving?

INDRA PETERSONS, AMS METEOROLOGIST: Yes, we are definitely still seeing this moving right now into the northeast and mid-Atlantic. We have severe thunderstorm watches up right now including Philadelphia also just west of D.C., what are we talking about? Winds as high as 70 miles per hour and of course, some rain, but the bigger story is wind. Notice even if you're anywhere up to New England, all the way down to the mid-Atlantic, we are going to be talking about winds as high as a good 50, even 60 miles per hour.

When you have wind, we had delays at the airports. These are significant. If you're trying to go to LaGuardia, we're talking about delays over three hours. You want to be calling ahead. In Philly, an hour and 54 minutes, pretty much a two-hour delay in that region. What are we currently see New York City gusting about 36, Buffalo 55. That's what we're talking about in the forecast, the strong winds.

You can see clearly, the system is making its way off the eastern seaboard today. That's why we're seeing the warm, moist air. You felt the difference this morning. Temperatures are really up there. Behind it cool and dry air, meaning the rest of the country mild. One, two, three cold fronts slide through over the weekend. We talk about temperatures dropping down with highs just in the 40s by the time we get through Sunday. Big changes lay ahead for the weekend -- Michaela.

PEREIRA: Thanks for keeping an eye on it for us, Indra.

We want to talk about a story that's not just a parental problem but a community problem, a controversial story out of San Diego. Teenagers, middle school and high school students could face criminal charges for child pornography. It's all tied to sexting. A dozen girls, ages 13 to 17 sent nude photos of themselves to their boyfriends, who are also teens of the same age.

Those boys passed on the photos to other young friends. Now over two dozen students are now facing charges for sending those nude photos. Investigators have linked six different high schools, they won't name them, and one middle school to this sexting ring if you will.

We have our here that includes senior legal analyst, Jeffrey Toobin, who is here with us to talk about it, Nischelle Turner and of course, John Berman along with us. I have to ask you, Jeffrey, let's talk about the legality of this. Is this overreaching to have these kids face child pornography charges?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, they haven't made the charges yet, but under the law if you transmit electronically pictures of underage --

PEREIRA: Doesn't matter how old you are.

TOOBIN: Doesn't matter how old you are, you are potentially guilty of child pornography. One of the big themes in American law enforcement in recent years has been the incredibly heavy sentences given in child pornography cases. So you know, I think all of us, you know, you look at a story like this and at first, you think this is typical teenage stupidity. These kids could be jeopardizing their lives for a very long time.

BOLDUAN: Unfortunately, this is not new. It doesn't make it any less troubling that, number one, they're taking these photos, passing them around and could be facing charges. I wonder where the tipping point is culturally. Everyone needs to get smarter. Parents need to get smarter or more involved I would argue. Wouldn't you?

BERMAN: Yes. This type of story makes my skin crawl. I want to run and hide and have my kids put in a padded room and never come out. What can you do about it? You can talk to them about what's appropriate, not appropriate.

TURNER: Stop giving them cell phones at 10, 12, 13 years old, first of all.

PEREIRA: They have cell phone plans that prevent -- parental controls that prevent photo sharing. That's another thing that could be done.

BOLDUAN: Sunny Hostin was on the show the other day. She and I were talking about this. Whenever her son sends a text message she gets it as well. He knows that, too.

BERMAN: You know who's smarter than any cell phone plan?

TURNER: As a woman I just want to take these little girls, hug them and say what are you doing? How do we talk -- isn't that where we start? What makes a little girl who is 13 years old say I'm going to take a naked picture of myself --

CUOMO: Boys do it, too.

BERMAN: Are you in legal jeopardy if you send a picture of yourself or is it just the person that resends it?

TOOBIN: Not as far as I know. I've never heard of a case like that. It's really about sending it along. But if you are 13 and you send a picture of someone else, you are potentially in legal jeopardy. You don't get a pass because you're young.

PEREIRA: Should the girls get a pass in this situation? Because they're the ones that essentially set off the firestorm -- TOOBIN: Legally -- legally, I think they do get a pass. Legally they get a pass. In terms of common sense, in terms of what their parents should say to them, they don't get a pass.

PEREIRA: It all started there.

CUOMO: This is one of those situations that seem more confusing than I think it is when you give it a little bit of thought. This is a law that wasn't intended for this.

BOLDUAN: Not at all.

CUOMO: As Jeffrey well knows, we had to go broad with laws with child pornography because it was rampant and we couldn't control it. What you're seeing is the application of a law to a situation where all the other systems have failed. You don't raise your kid's right. You don't follow your kids. Your kids aren't behaving in the ways they should. Culture is dictating behavior that's dangerous. They wind up getting caught up in a situation that was not intended for them. Is this the right fix?


CUOMO: No, it's not the right fix.

BOLDUAN: Covering the Supreme Court, isn't that often kind of the issue before the justices, the fact that the law isn't or -- isn't necessarily keeping up with technology? That seems to be part of the discussion often on the bench.

TOOBIN: It is often on the bench and there's also the broader question you were just mentioning, laws being used in situations that are not quite precisely what it was designed for. I mean, I think we all understand why child pornography laws came into effect for the videos, kids being abused, passed around, you know, on (inaudible). This is somewhat different.

But it is not legally all that different. The real variable here is the discretion that prosecutors have about which cases to bring. Now I would love to see these kids have the fear of God put into them. I would love to see them brought in and talk to cops whether they should be going to prison is a separate issue.

CUOMO: Scare the pants on the kids.

PEREIRA: There have to be repercussions but a teaching moment, larger discussion on the part of the schools, law enforcement, the families, et cetera.

BOLDUAN: That's the hard thing.

PEREIRA: It is the hard thing.

CUOMO: Only these days, you know, the Latin phrase in loco parentis, the law winds up taking up the slack for the parents. All you're left with is the law. That was a dangerous situation. TOOBIN: It wasn't too long ago that I had 16-year-old children. The idea you can tell them what to do on a computer and on their phones, it's a big challenge.

BOLDUAN: It's a tough one. Welcome to reality.

PEREIRA: Here's my point. Just because it's tough doesn't mean we shouldn't keep trying.

TURNER: I came from a strict household where my folks did not play and I did not even think about stuff like that.

CUOMO: Who said it was going to be easy? Right now, we are 4 minutes away from my 10-year-old losing her phone if she doesn't get on the bus on time. If you miss the bus, I will take that phone. I hope you're not watching this because you'll miss the bus.

Coming up on NEW DAY -- great discussion, thanks to all of you for it. Six people, that's how many reportedly signed up for Obama care on its first day. Is that a crime? May be. On the second day, not many more, what do the numbers mean for the future of Obamacare? We have White House Press Secretary Jay Carney answering questions.

BOLDUAN: Also Ahead "Saturday Night Live" has an African-American hosting the show tomorrow. Shockingly, it's only the ninth time in 38 years that has happened. Does SNL have a diversity problem? We're going to be talking about that next.

CUOMO: But first, you must tune in Sunday, 9:00 p.m. Eastern and Pacific for Anthony Bourdain "PARTS UNKNOWN." Guess where he's going? Japan. Take a look.


ANTHONY BOURDAIN, HOST, CNN'S "PARTS UNKNOWN": Welcome to Tokyo. You are not invited. This is the other Tokyo. A 12-hour flight and I'm baked. No sleep. Might as well -- must go out. This district near my hotel has the advantage of being where the subterranean life, the depressed life of the Japanese male and some females, too, comes out to play.

Joining me is a Japanese film production manager and producer. Prepare yourself for the greatest show in the history of entertainment.



BOLDUAN: Welcome back to NEW DAY everyone. "Saturday Night Live" has come under fire for its lack of diversity particularly among African- American women. There have only been four black female cast members and only eight co-hosts. Kerry Washington will be the ninth, that will be tomorrow. Nischelle Turner and John Berman here to talk about this and much more. So what is going on with this? TURNER: Well, first of all we should say there's only one nine hosts in 39 years, going into the 39th season this year, one of the problems. There's been a lot of talk about this lately, what's going on with "Saturday Night Live," why have there been no black women on the show.

Black cast members saying when they were looking for black female cast members we couldn't find anyone who was "ready," but now the talk is you know what? We don't get it, and this is a problem, and with pop culture today the people leading pop culture, the Beyonces, Rihannas, the first lady is African-American, why are there no African-American female on the cast, there are six new cast members, five of them are male, all of them are white.

PEREIRA: I can hear already somebody say why does it have to be about color? Why is this a conversation? Because of the point you just made if you're going to have a show about pop culture, you have to -- what are you going to put somebody in black face on? We already see how that went this week.

BERMAN: What they do is the male actors have dressed up in drag and what makes it interesting this time is both these comedians, said we're not doing drag anymore, not going to dress up as black women so you have to address this problem, producers.

BOLDUAN: I'm thinking back to the stories of some of the first female, period, cast members on "SNL" and them talking about how that made waves and the problem even them getting on the cast. It's interesting.

PEREIRA: Comedy does seem to be dominated by men, but there are so many funny women out there. It's not like there aren't female comedians all over.

TURNER: Jay Farrell on the cast is saying there are black women there.

PEREIRA: He gave them a list.

TURNER: Darmir Brunson is one of the women he says. Off of the top of my head, Tori Hart is a funny woman, Kim Whitley, Lonnie Love, Glozell extremely funny, these are all women who are accomplished, funny and ready for a situation like this.

CUOMO: Is it the cast or who gets to host? What is the issue?

TURNER: It's a bit of both, yes. There's only eight African-American women who hosted the show in 39 years, the ninth tomorrow with Kerry Washington. There's only been four cast members, three really principal players, one featured player fired midway through her first season so it's on both fronts.

CUOMO: What is Keenan's motivation as an African-American male to give a false answer as to why there haven't been more black females hosting?

PEREIRA: Maybe it was his own opinion.

TURNER: Exactly, but I know a lot of black female comedians who say you are absolutely wrong.

CUOMO: To host, which means they're not a professional comedian in almost every case.

BOLDUAN: Keenan started this debate they say, but why has TNT had debate gone on sooner.

TURNER: "Saturday Night Live" is a staple on television and a great show, all of us say I haven't watched a lot in the last few years it hasn't been that talking type of show in the forefront of pop culture in the last few years. It's coming back now because I think in part because of all of the stuff that's going on in Washington, they've had a lot of meaty material and so we're starting to see it more, talk about it more and it's coming back to the forefront.

PEREIRA: Given the face of America, I mean there's great diversity in America, Asian, African-Americans, Latinos, there should be representation I think a lot of people are going to say on the show.

TURNER: They have their first Iranian-American actor on the cast now, so I just feel like if you looked a little bit harder maybe you could find somebody

CUOMO: Just make sure they're the funniest ones because the show is about funny, got to be funny first. You know? Interesting. We'll see where it goes and follow it along.

Coming up on "no day" -- NEW DAY today, "no day" Friday. Question, was Joe Biden really almost kicked off the ticket in 2012? Why are those Obamacare sign-up numbers so low? What do they mean about the big line that's coming up? What about not being aware as president of the United States, is that real, overplayed? You're looking at the man who has the answers, White House Press Secretary Jay Carney, straight ahead.


CUOMO: Happening now, a deadly storm system that's already ruined Halloween for millions is on the move, creating travel chaos this morning, all across the east.

BOLDUAN: Secret plan, President Obama's re-election team reportedly looked into replacing Joe Biden with Hillary Clinton. We asked the White House about it this morning.

PEREIRA: Eight grade-schoolers hospitalized after being exposed to too much Axe body spray. Some schools banned it. Are kids using it too much?

CUOMO: Your NEW DAY continues right now.

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