Return to Transcripts main page

NEW DAY

Acting Attorney General Matthew Whitaker: Mueller Probe Is Close To Wrapping Up; Interview With Sen. Jeff Merkley (D-OR); Super Bowl Week Begins With Opening Night; Apple Rushes To Fix Facetime Bug That Allows Eavesdropping; CNN Reality Check: The Truth About Non- Citizens And Voting In The United States; Four Houston Police Officers Shot In Drug Raid Gun Battle. Aired 7:30-8a ET

Aired January 29, 2019 - 07:30   ET

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


(COMMERCIAL BREAK)

[07:33:18] JOHN BERMAN, CNN ANCHOR: Acting Attorney General Matt Whitaker made a big revelation about the Mueller probe.

(BEGIN VIDEO CLIP)

MATTHEW WHITAKER, ACTING U.S. ATTORNEY GENERAL: Right now, you know, the investigation is, I think, close to being completed and I hope that we can get the report from Dir. Mueller as soon as we -- as possible.

(END VIDEO CLIP)

BERMAN: All right.

Joining me now is Democratic Sen. Jeff Merkley from Oregon. Senator, thank you so much for being with us.

Were you surprised that the man overseeing the Mueller investigation made those public comments yesterday?

SEN. JEFF MERKLEY (D-OR), MEMBER, SENATE FOREIGN RELATIONS COMMITTEE, SENATE APPROPRIATIONS COMMITTEE: Yes -- yes, I was surprised and I'm not sure if he was citing a -- from some recognition or knowledge or it was just wishful thinking.

The challenge we've had is that there's been so much bad conduct that every time they extend their investigation they discover more leads. And so, we're now up to 34 individuals indicted. And now, with Roger Stone, what more evidence might lead elsewhere?

BERMAN: I think we have to assume he knew what he was talking about there not just based on public record because he said he's been fully briefed on the investigation.

He also said that decisions that Mueller has made are going to be reviewed. What do you think he means by that?

MERKLEY: Well, he's been very clear that the report passes through him before it comes to Congress. That he would decide or that certainly, the person in his role would decide what gets to Congress.

This is why we're so concerned and it's why Sen. Blumenthal and Sen. Grassley introduced a bill that said no, Congress needs to see the Mueller report in its entirety.

BERMAN: You are supportive of that bill, I imagine. Do you think it has any chance of getting through the Senate?

It's really up to Mitch McConnell if it gets to the Senate floor and gets voted on. Do you have any indication that he'll let this happen?

[07:35:00] MERKLEY: I know that there a good number of Republican senators who support the idea, but whether Mitch McConnell allows it to be considered, that is a big question. Right now, I think the answer is probably not.

Yet, really, justice -- the rule of law in our country demands that Congress see the work unfiltered, particularly when we have a nominee coming forward right now who has made it very clear -- Barr -- that he dislikes the Mueller investigation, thinks it's illegitimate, and would have control over whether or not Congress gets that report.

BERMAN: His argument on releasing the full report, though, is that it's not Justice Department policy to explain to the public declinations. In other words, why they would decline to prosecute someone.

He's also been critical of how James Comey handled his initial release about the Hillary Clinton investigation, saying if you're not going to charge someone you don't spend a news conference explaining how bad the actions they took were.

So that's his explanation. You don't think that holds water?

MERKLEY: Well, I tell you, I don't trust his judgment. The fact that Barr put forward a memo basically applying for the position of attorney general by criticizing the Mueller investigation really worries me about putting this fully into his hands.

BERMAN: I do want to ask you about one of the arguments that's been made since Roger Stone was charged on Friday. People have said look, there are no charges of conspiracy, no collusion-like charges there.

If, when the Mueller report comes out, there are no charges along those lines, do you think it will have done its job?

MERKLEY: Well, its job is to get to the truth and so I do feel Mueller is of the utmost professional conduct. He has the right experience to bring to bear. And assuming that we get the report in the -- in the full shape that it is delivered to the attorney general, I will feel he has done his job.

I think everything --

BERMAN: And these other crimes -- these other crimes that have been charged -- obstruction of justice, perjury, and whatnot -- are referred to again by supporters of the president often as process crimes.

Is that a legitimate argument that those don't get to the central argument here, which is was there collusion?

MERKLEY: Well, I think we are -- we haven't seen the Mueller report --

BERMAN: Right.

MERKLEY: -- yet and we haven't seen what final pieces he may bring to bear that he may be waiting to deliver those at the end of his investigation.

So, are process crimes different? Yes, they are by definition. But certainly, perjury, certainly, obstruction of justice are very grave mistakes or crimes in our system and essential that we hold people accountable for making them.

BERMAN: Some of your colleagues on the Appropriations Committee are part of this team of 17 legislators trying to hammer out some kind of a deal in the next, I guess, 14 days. That was the agreement that was reached as the government was reopened.

Do you want to see as part of that agreement any provision for new funding for new barriers between the United States and Mexico?

MERKLEY: I am comfortable with barriers that involve vehicles, fences. There are appropriate places where border guards have convinced me that some additional barriers could be useful.

But what I hear -- when you separate the border guards from their superiors, what they say is look, what we need are sensors to determine if somebody is approaching the border, and we need more personnel to be able to respond quickly to intercept them. That those are the key two things.

There's nothing magical about a 30-foot wall. And, in fact, that has become now a symbol, really -- a symbol of this administration's policies -- and it's a racist symbol.

BERMAN: Well, the president has backed off -- maybe he had to back off the notion of a wall to sea to shining sea.

But if I just listen to your answer, if I understood it correctly, you did say that you do think that some new wall or new barrier in some places would be OK. And you'd be willing to vote for new funding for that?

MERKLEY: Nothing that I would call a wall am I willing to vote for.

I've seen some of the border fences -- they're chain-link. You can see through them. They slow people down in combination with sensors. People can respond.

But anything that is like this vast kind of massive wall that extends 30 feet into the air, whether it's steel slats, whether it's concrete -- no, absolutely not.

BERMAN: All right. Well, we'll have to see what that committee comes up with and we will ask you at that time --

MERKLEY: OK.

BERMAN: -- if it's something you might support.

Senator Jeff Merkley from Oregon. Thanks for being with us.

MERKLEY: Thank you.

BERMAN: Alisyn --

ALISYN CAMEROTA, CNN ANCHOR: John, here's a troubling development. Is someone using your iPhone --

BERMAN: Really?

CAMEROTA: -- to eavesdrop on you?

BERMAN: It's dirty. I hope not.

CAMEROTA: They are.

BERMAN: They might get something.

CAMEROTA: There is a FaceTime glitch that could allow callers to listen in on you even if you do not answer the call. And boy, are they getting an earful.

BERMAN: They would be so bored eavesdropping on me.

(COMMERCIAL BREAK)

[07:44:02] BERMAN: There is a football game this Sunday night, I am told. But before the game is sort of the game before the game, and it is in full force right now. Who is winning?

Let's go to Atlanta. Andy Scholes with more in the "Bleacher Report." Hey, Andy.

ANDY SCHOLES, CNN SPORTS CORRESPONDENT: Yes, good morning, John.

You know, opening night -- it's always a chaotic scene. It used to be called media day but it's turned into this big primetime event.

And the Rams and the Patriots meeting with over 2,000 media members from all over the world last night, and it's always very entertaining to watch. There was a clown, there were some sombreros in the media. Also, some fans wearing some goat masks.

And, Gronk, of course, making an entrance as he always does with some dance moves. That impressed Tom Brady.

And speaking of number 12, he, of course, had the biggest crowd around him during the session. It was very hard to get in there to ask a question. But, 8-year-old Camdyn Clancy, this year's PLAY 60 kid, he made his way through the hoard of media and he asked Brady how does he deal with all the haters?

(BEGIN VIDEO CLIP)

TOM BRADY, NFL QUARTERBACK, NEW ENGLAND PATRIOTS: How are you able to focus despite the negative fan base, AKA the haters?

[07:45:07] I don't know. What do we do about the haters? We love them. We love them back because we don't hate back. We appreciate it and we love them, and we wish them the best in their life.

(END VIDEO CLIP)

SCHOLES: Now, there is a huge age difference between the two coaches in this game. Bill Belichick, 66 years old; Sean McVay, half his age, just 33.

But get this. They've been exchanging texts all season long, according to ProFootballTalk.

They met at the Combine before the draft last season and developed a mutual admiration for each other. And McVay said the fact that Belichick who is simply, you know, arguably the greatest coach ever, takes the time to text him -- that's pretty cool.

(BEGIN VIDEO CLIP)

SEAN MCVAY, HEAD COACH, LOS ANGELES RAMS: I was more, you kind of like a -- like a googly-eyed schoolgirl saying how appreciative I was that he would even take the time to even think about me. And, you know, it's really very -- you know, our interaction has been very limited, but the way that he's treated me has been really cool. But, his text game is nice.

(END VIDEO CLIP)

SCHOLES: His text game is nice. You know, you learn something every Super Bowl, John. I didn't think I would learn that Bill Belichick is good at texting, but there you go.

BERMAN: What he doesn't realize -- Sean McVay -- is that Belichick's been messing with him all season. This is not a nice text game. He's trying to get in his head and it's working.

SCHOLES: We will see.

BERMAN: All right, Andy Scholes. Thanks very much.

CAMEROTA: And maybe he's been eavesdropping on him through his iPhone --

BERMAN: Given that it's the Patriots, it's quite likely.

CAMEROTA: -- and has been hearing the plays that they're planning because if you have an iPhone, listen up.

Apple is rushing to fix a FaceTime glitch that could allow someone to eavesdrop on you, even if you do not answer a call.

CNN chief business correspondent Christine Romans joins us with more.

I think this has been happening to me, Christine.

CHRISTINE ROMANS, CNN CHIEF BUSINESS CORRESPONDENT, ANCHOR, "EARLY START": Oh, this is why you're the queen of the segue. That was very well done, I just have to say.

CAMEROTA: Yes.

ROMANS: That was very, very well done.

Has it been happening to you? I mean, I wonder.

A new bug at Apple's FaceTime lets users eavesdrop on other people without them even picking up the call. It is activated when users call someone via FaceTime, swipe up to add another person to the call, and then add their own phone number.

Now, the person who initiated the call is then able to hear live audio on the other person's phone even though the recipient has not accepted the call.

In some cases, this bug can also show live video of the other person if they press a volume button to dismiss the call.

Apple said it has identified a fix. It will release it in a software update later this week.

Now, to avoid the bug you can disable FaceTime on all your Apple devices until they release the software update. On an iPhone or iPad go to settings, scroll down to FaceTime, then toggle off the green button at the top of the screen.

By the way, cue the calls for regulation and the outrage from authorities. New York's Gov. Andrew Cuomo called the bug an egregious breach of privacy that puts New Yorkers at risk, guys.

BERMAN: So, until it's fixed at the end of the week, we're just -- it's open season?

CAMEROTA: Well, here's what happened -- yes, because here's what's happening to me. I keep getting calls on FaceTime from some overseas number because it has like lots and lots of digits. And I don't answer it but it kind of like lingers.

I feel as though somebody has really gotten an earful from my household overseas and I wait for that to pop up somewhere.

ROMANS: None of your secrets are secret, guys --

CAMEROTA: Yes. ROMANS: -- and privacy is dead.

CAMEROTA: All right, very good.

BERMAN: All right.

CAMEROTA: Thanks for --

BERMAN: That's a cheery note. Thanks, Romans.

CAMEROTA: Thank you.

BERMAN: Brightening up the room here -- appreciate it.

CAMEROTA: All right.

The idea that nearly 100,000 non-citizens are registered to vote in Texas certainly makes for a splashy headline, but is it true?

John Avlon is here with a reality check. What have you discovered, John?

JOHN AVLON, CNN SENIOR POLITICAL ANALYST: Let me tell you, Ali.

I don't know what you were doing on Sunday morning but at 8:22 this Sunday morning the President of the United States apparently had the T.V. on and his phone out, tweeting this. Quote, "58,000 non-citizens voted in Texas, with 95,000 non-citizens registered to vote. These numbers are just the tip of the iceberg. All over the country, especially in California, voter fraud is rampant."

The only problem with that is -- well, basically, all of it. And note the hat-tip to "FOX & FRIENDS" where the president got this information.

Well, the good people of "The Texas Tribune" did some much-needed fact-checking and determined that the numbers the president cited don't mean what he says they do.

So, let's unpack it all, one at a time. First, no -- there are not 95,000 non-citizens registered to vote in Texas.

Here's what actually happened. The Texas Secretary of State flagged 95,000 names of registered voters and then recommended that counties check to make sure they're citizens. But they did this with a huge note of caution, stressing that the names were collected based on a WEAK -- notice the all-caps -- connection.

Basically, these are folks who applied for I.D. at some point with documents indicating they may not have been citizens at that time. That's a ton of maybes and could haves.

Now, it turns out that 58,000 of the folks did vote in Texas, but it wasn't in 2016. It was over a 22-year period from '96 to 2018. And because of the 22-year spread there's little way to know if those people weren't citizens when they voted. And since 50,000 people are naturalized in Texas every year, it's a safe bet many of them were.

Now, 13 separate groups in Texas are warning the state that targeting this list could risk violating federal law.

[07:50:03] Despite this, "The Texas Tribune" reports at least one county, Galveston, already has proof of citizenship letters out in the mail.

Now look, this is all complicated stuff but there is a useful precedent.

In 2012, then-Florida Gov. Rick Scott announced that he wanted to clean the rolls of non-citizen voters, so it was big news when Scott announced they found more than 180,000 of them. But that number dwindled on closer inspection, first to 2,600, then to 198, then 85. And in the end, only one, a Canadian citizen, was convicted of voter fraud.

Now, a court would later find Scott's effort violated federal election law.

So, here's what we do know. Contrary to the president's claims, there are not 95,000 non-citizens registered to vote in Texas, and 58,000 of them did not vote in the 2016 election.

But, hey, facts have never stopped this president from claiming again and again that millions of people voted illegally. It, presumably, helps him feel a little bit better about losing the popular vote by nearly three million.

But all this matters much more than one man's ego because the president's comments are set against a backdrop of a GOP push to roll back voting rights nationwide, often by screaming voter fraud. And yet, study after study after study shows that in this country voter fraud is vanishingly rare.

So get the facts and don't fall for the fearmongering.

And that's your reality check.

CAMEROTA: Such an important one this morning. We can't say it enough. I mean, this is one that just is evergreen. We have to keep talking about the facts about voter fraud.

AVLON: He keeps coming back to it, we'll keep pushing it back with the facts.

BERMAN: All right. Thanks, John.

CAMEROTA: Thanks, John.

BERMAN: Four officers shot during a drug raid. Now we're hearing calls for help moments after the suspects opened fire.

(COMMERCIAL BREAK) [07:55:31] BERMAN: Four police officers were shot during a drug raid in Houston. This morning, two of those officers are fighting for their lives.

CNN's Ed Lavandera is live in Houston with the very latest. Ed, what can you tell us?

ED LAVANDERA, CNN NATIONAL CORRESPONDENT: Hi -- good morning, John.

Well, those officers responded to that drug investigation in southeast Houston, and as they pulled up to the house they were quickly met with gunfire.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: They're shooters. They shot two SWAT. There goes one, and one's on the floor.

LAVANDERA (voice-over): A gun battle breaks out in southeast Houston after about a dozen police officers came under fire while serving a search warrant at a house where heroin was allegedly being sold.

ART ACEVEDO, POLICE CHIEF, HOUSTON, TEXAS: Immediately upon reaching the door, the officers came under fire from one or two suspects inside the house.

LAVANDERA: Police say one suspect initially retreated but quickly returned with a semiautomatic pistol.

POLICE OFFICER: They're still in the house. They're still in the house.

LAVANDERA: The gunfire wounded four officers, two critically, and a fifth officer suffered a knee injury during the exchange.

POLICE OFFICER: We have multiple officers shot. Multiple officers shot. We need multiple ambulances.

LAVANDERA: Authorities say that two suspects were later found dead at the scene.

As for the wounded officers, two were shot in the neck and underwent surgery Monday night. One of the wounded has been with the department for more than 30 years.

ACEVEDO: This officer's been shot several times in the line of duty and most people would call it a day after being shot and surviving. This man is 54 years old. He's a case agent on this case and he was there on the frontlines.

LAVANDERA: Houston's police chief praised the work of his department.

ACEVEDO: They don't make excuses, they make a difference. And what you saw today with these officers showing that they have the courage, the guts, and the perseverance to do what they need to do to keep this community safe. LAVANDERA: The head of Houston's police union expressed frustration after yet another police shooting in their community.

JOE GAMALDI, PRESIDENT, HOUSTON POLICE UNION: We are sick and tired of having targets on our back. We are sick and tired of having dirtbags trying to take our lives when all we're trying to do is protect this community and protect our families. Enough is enough.

(END VIDEOTAPE)

LAVANDERA: Emotions running high here in the city of Houston.

As we mentioned, four of those five officers remain hospitalized, two of them in critical. And we're expecting to hear in the next couple of hours an update on their conditions from Houston police -- Alisyn.

CAMEROTA: All right, please bring us that update as soon as you have it, Ed. Thank you very much for that report.

Now to this. A Texas cemetery director worried that no one would show up for a U.S. Air Force veteran's funeral. But, thousands of complete strangers made sure that that did not happen.

Joseph Walker died in November. He was in the Air Force during the Vietnam War. And a funeral home director said he could not reach Walker's family.

So, the Central Texas State Veterans Cemetery issued a Facebook appeal asking people to attend, saying "We do not leave veterans behind."

The result, so many people showed up to Walker's burial yesterday that cars were backed up onto a nearby highway. The ceremony started late to allow everyone to attend. And since the family was not there, the American flag was presented to a member of the Texas Veterans Land Board who helped spread the word.

(BEGIN VIDEO CLIP)

DOUGLAS GAULT, CHIEF ONSITE REPRESENTATIVE, TEXAS VETERANS LAND BOARD (via telephone): I was blown away of what I saw today. It's just a -- just a good feeling that came through my body. It's one of them that, you know, wow -- this is beautiful.

(END VIDEO CLIP)

CAMEROTA: This is beautiful.

BERMAN: A really wonderful moment of gratitude there.

And our friend, Jake Tapper, was very active on social media trying to get people to go there.

And I think it just goes to show that people are good. People want to express gratitude where they can.

CAMEROTA: I agree. Senator Ted Cruz also put it out on social media and he showed up, I believe, at this funeral.

And so, it is so nice to have a reminder of how people will do something like this even for a stranger.

BERMAN: All right.

A major announcement from the man overseeing the Mueller probe. NEW DAY continues right now.

(BEGIN VIDEO CLIP)

WHITAKER: I am comfortable that the decisions that were made are going to be reviewed. The investigation is close to being completed.

UNIDENTIFIED MALE: The idea of saying that an investigation is almost over is something the Justice Department just never does.

REP. JOHN GARAMENDI (D), CALIFORNIA: The American public wants to know what is going on. We're demanding that.

UNIDENTIFIED MALE: Is the president concerned his presidency is in danger?

SARAH SANDERS, WHITE HOUSE PRESS SECRETARY: Not at all. None of these things have anything to do with the president.

SEN. KAMALA HARRIS (D-CA), 2020 PRESIDENTIAL CANDIDATE: The people who vote, they're going to make decisions based on who they believe is speaking truth.

ANA NAVARRO, CNN CONTRIBUTOR: She comes across as tough. But at the same time, she's likable.

HOWARD SCHULTZ, FORMER CEO, STARBUCKS: Nobody wants to see Donald Trump fired more than me. I am in this because I love the country.