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NEW DAY SUNDAY

Trump Attacks Bill Clinton's Infidelities; Cold Front Could Raise Humidity In Fire Fight; "El Chapo" Guzman Sent To Prison Near U.S.; Civil War In The Republican Party; Nyquist Wins The Kentucky Derby; ISIS Claims Attack On Police Near Cairo; North Korea May Conduct 5th Nuclear Test; Winning Powerball Ticket Sold in New Jersey; The "Church Lady" and Donald Trump In "SNL" Aired 6-7a

Aired May 8, 2016 - 06:00   ET

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


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(BEGIN VIDEOTAPE)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: She is married to a man who got impeached for lying. He was impeached for lying about what happened with a woman. Some of those women were destroyed not by him, but by the way that Hillary Clinton treated them after everything went down.

MITT ROMNEY (R), FORMER PRESIDENTIAL NOMINEE: We live in tumultuous times, demagogues on the right and the left draw upon our darker angels, scapegoating immigrants and Muslims or bankers and business people.

BARACK OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA: That's why our democracy gives us a process designed for us to settle our disputes with argument and ideas and votes instead of violence.

UNIDENTIFIED MALE: Even if it does rain, this fire is going to go on for some time, perhaps several weeks.

UNIDENTIFIED MALE: Final for long, Nyquist, ahead of the pack with Exaggerator, making a violent surge but he'd fall short. Nyquist too fast, too strong securing his lead and capturing the run for the roses.

(END VIDEOTAPE)

ANA CABRERA, CNN GUEST ANCHOR: Good morning, everyone on this Mother's Day. Happy Mother's Day, mom and to those out there. I'm Ana Cabrera in for Christi Paul.

VICTOR BLACKWELL, CNN ANCHOR: Happy Mother's Day to my mom too. You set the bar there. I'm Victor Blackwell this Sunday. Lots to get to this morning including this incredible footage. Look at this.

Huge tornado turning in Colorado. We're waiting to find out the extent of the damage caused by this unbelievable, several tornados touched down here. Five people injured. We'll got to the latest on that as soon as we get the information in.

New this morning in the race for the White House, Donald Trump sharpening his attacks on Hillary Clinton, and now turning his sights on her husband, former President Bill Clinton.

The presumptive Republican nominee unloading on the Clintons during this rally in Washington State yesterday. Trump painting Hillary Clinton as a, quote, "nasty mean, enabler" of her husband's affairs, saying the Clintons aren't in position to question his treatment of women.

That's just one of the newest barbs Trump is throwing at his likely opponent in the general election. CNN Politics reporter, Jeremy Diamond has the latest.

JEREMY DIAMOND, CNN POLITICS REPORTER: Good morning, Victor and Ana. Days after becoming the presumptive Republican nominee, Donald Trump is diving into the general election head first.

He accused Hillary Clinton of being trigger-happy on foreign policy and he also said that she -- potential Clinton presidency would be worse than President Obama's.

But Donald Trump stumping in Lyndon, Washington on Saturday. Well, he accused her of wanting to abolish the second amendment.

(BEGIN VIDEO CLIP)

TRUMP: Hillary Clinton wants to take your guns away and she wants to abolish the second amendment. She wants to take the bullets away. She wants to take it. You tell me, that's something we can live with. We're going to cherish the second amendment. We are going to take care of the second amendment.

(END VIDEO CLIP)

DIAMOND: Hillary Clinton of course has never argued for abolishing the second amendment. She has however called for stricter gun control measures. But Donald Trump is using that as one of the latest in a string of attacks he's leveled against the likely Democratic nominee, Hillary Clinton.

He also focused in on her past and Bill Clinton's past more specifically, talking about Bill Clinton's impeachment related to his alleged affairs. That's something Donald Trump has repeatedly bringing up now on the campaign trail, and well, it seems leak a preview of the general election ahead. Victor and Ana, back to you.

BLACKWELL: Jeremy Diamond, thank you so much. So what Donald Trump said Saturday about President Clinton's impeachment does not lineup with what he said several years ago about the same topic. Here is what Donald Trump said yesterday on the topic and what he said back in '08 to CNN.

(BEGIN VIDEO CLIP) TRUMP: She is married to a man who got impeached for lying. He was impeached and he had to go through a whole big process, and it wasn't easy. He was impeached for lying about what happened with a woman.

I mean, look at the trouble Bill Clinton got into with something that was totally unimportant, and they tried to impeach him, which was nonsense, and yet Bush, got us into this horrible war with lies, by lying, by saying they had weapons of mass destruction, by saying all sorts of things that turned out not to be true.

(END VIDEO CLIP)

BLACKWELL: Joining me now is CNN political commentators, Jeffrey Lord and Hilary Rosen. Jeffrey is a Donald Trump supporter and Hilary is a Clinton supporter. Good morning to both of you.

JEFFREY LORD, CNN POLITICAL COMMENTATOR: Good morning, Dr. Blackwell.

BLACKWELL: Thank you very much, Jeffrey. I want to start with you. Why the change in not just tone but characterization over the eight years from Donald Trump?

[06:05:08]LORD: Well, actually I am not sure there is a change. When he talked about Bill Clinton's impeachment in that clip from long ago, he is giving his opinion of the impeachment.

What he is talking about now is Hillary Clinton's role in the whole Clinton saga with women as an enabler. Those are two very different things.

The second, the newer issue, if you will, or his version of it at this point is of course exactly the version that a number of women, Juanita Broderick and others have come forward with themselves. So basically what he is doing is repeating what women are saying about Hillary Clinton.

BLACKWELL: Hilary, Jeffrey says there is no change. Do you agree with that?

HILARY ROSEN, CNN POLITICAL COMMENTATOR: Look, I think this is nauseating. I can't believe that Jeffrey is going to go down this road for the next several months following Donald Trump. This is where we are.

We have Donald Trump who is sort of proudly boasts how he is, you know, on his third marriage and cheated on his wives and yet he is going to go out there and attack Hillary Clinton for standing by President Clinton when they had marriage troubles.

It's just beyond comprehension that that would be a successful political strategy. And by the way, we've seen over the course of the last several years that when people attack Hillary Clinton for standing in her marriage and working through those issues, people are actually supportive.

I just don't think Donald Trump is going to go there or should go there, and if he does, you know, it's only going to help Hillary Clinton.

BLACKWELL: So let's pull that thread, Jeffrey, because is this the most effective way? Look, we've talked at length here on this program about the unfavorable numbers that Donald Trump is up against when it comes to women outside of just the GOP primary. Is this the most effective line of let's call it what it is attack to try to bring those unfavorables down?

LORD: I think there are unlimited lines of attack, Benghazi and e- mails, and you know, her performance as secretary of state, all of that. The fact of the matter is, the Clintons have gone and Hillary Clinton, I mean, she called him a sexist.

And as, again, this is not coming from Donald Trump, this is coming from women. I mean, and these are women who were specifically accusing Hillary Clinton of threatening them of being a bully.

So this is not about her standing by her man, as she once said. This is about her going after women who were involved with President Clinton, and attacking them and threatening them, according to them. So yes, it is a big deal.

BLACKWELL: Hilary, let's look at this from a different angle. Secretary Clinton has said and told CNN that she will not engage with Donald Trump name-calling and insulting. But we're seeing that Senator Elizabeth Warren is engaging Donald Trump. Let's put it up.

Over the last several days, since Tuesday, almost two dozen tweets on her account are in response to or about Donald Trump. Is she attacking this from the most effective angle? Is she showing the party how to engage Donald Trump? What do you think about Senator Warren's approach?

ROSEN: Look, I think what we're going to see over the course of the next several months is that there are going to be a significant amount of surrogates who aren't just doing this for Hillary Clinton, by the way.

They're doing it because they're incensed to Donald Trump's behavior and the things that come out of his mouth like the, you know, two-faced talk that we just had on our tape a minute ago.

And we're going to see these folks accountable and defend Hillary Clinton against these crazy attacks. And I think we'll see that from Elizabeth Warren. We've already to see it from President Obama.

Hillary Clinton has to keep focused on what the American people actually care about, which is their own pocketbooks, their own jobs, how she will help education in this country, how she is helping working families.

That's where she is going to focus. I just don't think, you know, she is too classy. You're not going to see her engage in a tit for tat with Donald Trump.

But so many surrogates will and you know, people are going to hear those responses. But as far as Hillary Clinton goes, she is going to keep the focus on the issues.

BLACKWELL: All right, Hilary Rosen, Jeffrey Lord, thanks for starting the show with us this morning. We'll continue the conversation.

LORD: Thanks, Victor.

BLACKWELL: Ahead this morning, Sarah Palin and John McCain, both on "STATE OF THE UNION" with Jake Tapper, the 2008 Republican ticket there at 9 a.m. Eastern. We've got a preview of the Palin interview next hour. She is making news this morning, right here on NEW DAY.

CABRERA: Also still to come on this NEW DAY.

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TRUMP: He wants to meet, we'll see what happen. If he wants to meet, I'll meet, but the important thing is you folks, OK. He will understand that and he does understand.

[06:10:03]I would bet if he had that decision to do it again, he would done it the simple way. I endorse Trump, OK. Do you agree with that?

(END VIDEO CLIP)

CABRERA: Looking ahead to next week's big meeting between Donald Trump and Paul Ryan. Will there be an endorsement?

BLACKWELL: Plus, drug kingpin, Joaquin "El Chapo" Guzman transferred to a prison closer to the U.S. border. Does this mean an extradition to the U.S. is imminent?

CABRERA: Canadian wildfires double in size. Our Paul Vercammen is live in fire ravaged Alberta.

PAUL VERCAMMEN, CNN CORRESPONDENT: The fire driving many evacuees to the shelter in Edmonton and now another problem, troublesome winds whipping up. We'll have more on that in just a few minutes.

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CABRERA: These unbelievable images are coming to us from Colorado. Five people injured, roads closed. Dozens of power polls yanked down by powerful tornadoes there in Colorado.

This twister, a half mile wide. It left a trail of damage six miles long. This happened last night, in far eastern Colorado. Fortunately, a very rural area.

Authorities, though, are still surveying the aftermath and they say so far they've found several homes and at least one business was damaged. BLACKWELL: Remarkable video there.

Let's talk about this dangerous wildfire raging in Canada. Good news maybe that firefighters will get help from a cold front that's moving into the area today.

[06:15:06]The front would give the area a break from the dry and windy conditions, raising the humidity near Fort McMurray dampening the area.

But the out of control fire still shows no signs of slowing. At last check, it has burned 600 square miles, but it's expected to scorch about 772 square miles by midnight, Mountain Time.

To give you some perspective, that's about half the size of the entire state of Rhode Island. Thousands are still escaping the flames, many forced to watch their memories and livelihoods, homes and cars burned.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We weren't willing to leave. We were expecting it to go away after a few days, and it's just, I don't know, it's -- we made it out alive, and it's real a miracle. As terrible as it sounds, or, some ways it's a blessing in disguise. It brought our community together, it has brought the country together.

(END VIDEO CLIP)

BLACKWELL: Our Paul Vercammen is live in Edmonton for us this morning. Paul, the wildfire is expected to burn potentially for months. So in the short-term, how has this change in weather going to help the firefighters who are trying to tamp this down?

VERCAMMEN: As you alluded to, Victor, they're looking for the increase in humidity sometimes that gets the fire to lay down and gives them a better chance at knocking down the flames and then building perimeter around the fire, digging fire lines and that sort of thing.

It doesn't rage as intensely. But of course, the very tall pine trees and those almost seemingly explode when they catch fire. It helps spread the fire both through its passing on the ground through the forest and the embers floating everywhere.

It is really quite a challenge. Let's listen to what some Alberta leaders had to say about the current firefight.

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RACHEL NOTLEY, PREMIER OF ALBERTA: Firefighters in the city kept working to save the downtown and as much of the residential neighborhoods as possible. We held the line for a second day. There will be an enormous amount of work to do to make the city safe and habitable. The gas has been turned off. A power grid has been damaged and

large portions of the city don't have power right now. The water is not currently drinkable.

(END VIDEO CLIP)

VERCAMMEN: Of course, alluding to Fort McMurray at the center of all of these fires, they are focusing right now on more so on anything else on protecting people and structures. Back to you.

BLACKWELL: Of course, our hearts go out to all those families who are just looking for some place away from the smoke and flames there. Paul Vercammen for us in Edmonton. Thanks so much -- Ana.

CABRERA: When we come back, Joaquin "El Chapo" Guzman moved to a new prison closer to the U.S. border. Could this be a move to get the drug lord extradited back to the United States?

Plus, new charges against a Maryland gunman accused of killing three people. What we are now learning about the moments that led up to this shooting spree.

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[06:21:32]

CABRERA: This morning, Mexican drug kingpin, Joaquin "El Chapo" Guzman is sitting in a new cell in Juarez prison. This move puts him right across the border now from El Paso, Texas.

According to Mexican officials, he was transferred from the maximum security prison Altiplano (ph) lockup because that one is going to be renovated to improve security.

So let's bring in CNN law enforcement analyst and former assistant director of the U.S. Marshall's Office, Art Roderick. Art, good to see you. This move now raising some speculations that Guzman might be extradited to the U.S. soon. What do you think?

ART RODERICK, CNN LAW ENFORCEMENT ANALYST: I mean, I think it's inevitable that this is going to occur, but I've been hearing sometime this summer. But he is very close to El Paso at this current time, but generally, when the U.S. Marshals conduct extraditions, they try to get that individual from whatever foreign country they're bringing them from to the actual district that he is going to be charged in.

In this particular case, the attorney general, Loretta Lynch, has determined that that particular district will be the eastern district of New York, which has a continuing criminal enterprise indictment on him.

So usually what will happen is if he is turned over to the U.S. Marshalls in Juarez to come back to the U.S., he would usually be flown to Eastern New York. Because where ever that plane will land in the United States, he would have to have an initial appearance there.

CABRERA: So he is one step closer now, but he was transferred from a maximum security prison to one that isn't. Risky move?

RODERICK: I think it probably is a risky move, but he is being guarded by the Mexican Marines, and as we know, he has been moved from cell to cell every four or five days. They're keeping 24-hour guard on him. So I think with the Mexican -- him being in the custody of the Mexican Marines, I doubt he'll be going anywhere.

And because of the extradition process, there are several moving parts involved in it. I think they're getting closer to the actual release of him being turned over to U.S. authorities, and when that occurs, the U.S. Marshals would take it over.

And the U.S. Marshals are experts of doing these extraditions. They do probably 800 to 900 per year. And a normal extradition is very secretive so you can imagine how this is being kept under wraps moving one of the most notorious men in the world.

CABRERA: Because he is such a notorious person, you would think that this process would be expedited for him to be brought into the U.S. where security may be a little bit better. Why do you think it's taking so long?

RODERICK: I mean, the normal extradition process can take years. I think to this point here, after his capture, the extradition process was moving along, and it was moving along prior to him escaping this last time.

I think that's actually why the escape occurred is that he knew at some point prior to his escape that he was going to be turned over to the U.S. government.

So I think at this point, it is moving along fairly quickly, but you can imagine the security measures that are going to have to be put into place when the transfer does occur.

CABRERA: He is going to end up in Brooklyn, we're being told by law enforcement officials and sources. He is facing drug trafficking charges in Brooklyn. Should this be a slam dunk case against him there?

RODERICK: It should be. If you look at the indictment that he is facing in Brooklyn, it is a continuing criminal enterprise indictment, which alleges violence against 13 different government officials to include murder obviously.

[06:25:01]But also, the distribution and manufacturer of marijuana, heroin, methamphetamine, cocaine, to the tune of almost half a million kilograms in the area of making billions of dollars of money for the Sinaloa cartel.

I think this is pretty much a slam dunk. We also have to remember he is wanted in at least six or seven other federal jurisdictions in the United States.

CABRERA: Interesting. Art, we have more questions to ask you about how this might impact even the drug war on a broader scale as well. We'll do that in the next hour. So thanks for joining us here. Stick around. We appreciate it.

RODERICK: Thanks, Ana.

BLACKWELL: It's 25 minutes after the hour now. Let's get you caught up on a few other stories starting in Maryland, where authorities are revealing new details in a former federal officer's alleged killing spree. Three people were killed including his wife.

Police are now saying that Eulalio Tordil (ph) shot and killed two people in separate carjacking attempts. The first one, they say, he killed a Good Samaritan trying to help a woman driver.

Authorities say he then tried to carjack another woman, murdered her. This violent rampage started Thursday when investigators say Tordil killed his estranged wife when she went to pick up children from school.

CABRERA: Still to come, does the GOP have to be unified? Donald Trump now saying not so much.

BLACKWELL: Plus, one down, two to go as Nyquist, fresh off its Kentucky derby win, now eyes that Triple Crown.

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[06:30:14]

CABRERA: Hello again, happy Mother's Day. I'm Ana Cabrera in for Christi.

BLACKWELL: I'm Victor Blackwell. Good to be with you.

Bottom of the hour now, you're watching NEW DAY right here on CNN.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: Does the party have to be together? Does it have to be unified? I'm very different than everybody else perhaps that has ever run for office. I actually don't think so. I think it would be -- there would be something good about it, but I don't think it actually has to be unified in the traditional sense.

(CROSSTALK)

GEORGE STEPHANOPOULOS, ABC HOST: ... how do you win?

TRUMP: Because I think I'll go out and I'm going to get millions of people from the Democrats. I'm going to get Bernie people to vote because they like me on trade. I have to stay true to my principles also. And I'm a conservative. But don't forget this is called the Republican. It's not called the conservative party. You know there are conservative parties. This is called the Republican Party.

(END VIDEO CLIP) CABRERA: That was Donald Trump, telling "ABC News" anchor, George Stephanopoulos the GOP doesn't have to be unified. Some prominent Republicans are refusing to jump on the so called Trump train, opting to sit this election season out instead. So will the civil war within the GOP hurt party unity?

Let's bring in CNN political commentator Ben Ferguson. Ben, good to see you.

BEN FERGUSON, CNN POLITICAL COMMENTATOR: Good morning.

CABRERA: Is this the end of the Republican Party as we know it?

FERGUSON: No, I don't.

I think, this is a very odd, unique, strange, weird election year. And I think Donald Trump is a guy that at some point is going to have to take the lead here with his rhetoric, sit down with Paul Ryan this week, and make sure that everyone is on the same page.

I think what you saw with Ryan not saying he is not ready to endorse him yet was him (ph) saying look, you're going to have to bring a different level in the general election as the Republican nominee of integrity of this campaign. And part of that is, you can't go out there and you can't quote "The National Enquirer" and attack Ted Cruz and his father for being connected to the JFK assassination. That is really, I think, the main reason why you saw Paul Ryan hold back a little bit.

I understand what Donald Trump is saying as well. Look, there is some establishment people that are not going to ever get on his bandwagon on the Trump train. If he wants to go to war with Lindsey Graham, I support him in that. Most conservatives are not a big fan of Lindsey Graham but you can't go to war with everybody and at some point you have got to show some leadership.

CABRERA: Not just Lindsey Graham, it's Jeb Bush, it's Mitt Romney.

FERGUSON: Yes.

CABRERA: I mean, the list really has gone on and on.

FERGUSON: Yes --

CABRERA: And so much so now there is this idea that maybe a third party candidate should be picked, this idea is picking up steam.

FERGUSON: Yes.

CABRERA: I know you are not a fan of Donald Trump.

FERGUSON: No.

CABRERA: Do you think there is somebody the party could pit against him effectively?

FERGUSON: I think, it would be incredibly stupid idea.

I said from the very beginning, whoever the nominee was, I will support him. I'm supporting Donald Trump over Hillary Clinton and a third party run would be a disaster. And I think it's a terrible idea.

I also think that Donald Trump and his campaign did not look ahead when they were running in this election, and realized you don't want to torch every single opponent you have. You can win with class. You can win with dignity. You can win with character.

And he pretty much -- everybody that was in his way, in this GOP primary, he tried to destroy completely. It's very hard to ask that same person after you come after them like he did with Jeb Bush to expect him or his family, really to come back and support you. This was a bad calculation from Donald Trump.

Someone said, well, he is not a politician so he didn't know how it works. Look, he says he is the master of the art of the deal. He says he knows how to get deals done. He says he knows how to work with people. He has not shown that thus far, though, when it comes to other Republicans that he has had disagreements with.

CABRERA: He has thrown insults at some who are now on his team. Rick Perry, for example, last year calling Trump a demagogue, a cancer on conservatism.

I want to play a quick clip.

FERGUSON: Yes.

CABRERA: And we'll talk on the backside.

(BEGIN VIDEO CLIP)

RICK PERRY (R), FORMER TEXAS GOVERNOR AND PRESIDENTIAL CANDIDATE: A toxic mix of demagoguery and mean-spiritedness and nonsense that will lead the Republican Party to perdition if pursued. Let no one be mistaken, Donald Trump's candidacy is a cancer on conservatism and it must be clearly diagnosed, excised and discarded.

(END VIDEO CLIP)

CABRERA: So that was Perry then, and just a few months later, he is now a Trump supporter. Are you surprised to see so many people like Perry flip flopping?

FERGUSON: I'm not surprised, because you always have, when people are running against each other, you're telling others you're better than that person, why you shouldn't trust that person. When you lose, you coalesce around the nominee. I think, that's what you're seeing and that's really the two different, you know, viewpoints here. You're going to have the same --

CABRERA: But is that because Trump is now embracing then (ph) and so maybe it's something he did, that he is a -- FERGUSON: You know, I think -- I really do think it is as simple as

he is the nominee and therefore there are two different mind sets.

[06:35:05]

There's either one which is, hey, I'm going to not endorse anybody and I'm not going to get involved with Donald Trump, and I'm going to hold, you know, to what I believe in and that is that he would be a bad president.

The other is, hey, he is the nominee. Get behind him. Look, you've seen some nasty things said by Bernie Sanders -- by Hillary Clinton. But I have no doubt if Hillary Clinton gets the nomination Bernie Sanders will endorse Hillary Clinton. We'll be able to find the same exact tape.

So, I think, there are just two different mind sets here. It depends on which one you believe in. Is it that you have to support the nominee and go forward? I think, you're going to see the majority of people eventually get behind Donald Trump. It will be easier to get behind Donald Trump also when you see him attacking Hillary Clinton. It will make you forget an awful lot what happened in the primaries.

CABRERA: Real quickly here. Ted Cruz, I know you're a huge supporter of his.

FERGUSON: Yes.

CABRERA: Should he be behind Trump and any chance the two might team up on the same ticket?

FERGUSON: No, I don't think you'll see them on the same ticket at all.

I also don't think that you're going to see some big endorsement from Ted Cruz. The fact is right before -- you know, within 12 hours of Ted Cruz dropping out of this race, Donald Trump went to "The National Enquirer" and attacked his father and said he was involved in the assassination of JFK. If I'm Ted Cruz, I don't I think would forgive that with an endorsement and move past it. I think I would say, I'm sitting out this one. I just cannot get behind somebody that does that to my family. That was probably one of the lowest personal attacks I've seen in Republican politics. And politics gets pretty dirty sometimes.

But I would not expect Ted Cruz or expect him or think that he is somehow, you know, not doing his duty to the party or to conservatives by not endorsing him. I can see him just sitting on the sidelines.

CABRERA: Well, Ben Ferguson, always good to see you. Thank you for your thoughts this morning

FERGUSON: Thanks. Good to be here.

BLACKWELL: And be sure to stay with us to the next hour, a former vice-presidential nominee weighs in on the GOP civil war, Sarah Palin talks to Jake Tapper about the 2016 race. She is making news this morning. It's a CNN exclusive.

Plus, it's North Carolina versus the Department of Justice. There is a federal deadline set for tomorrow over the so-called bathroom bill. The feds say that HB-2 is illegal. So will either side blink? And what are the legal ramifications? We'll get some answers for you, next.

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[06:40:41]

(BEGIN VIDEO CLIP)

CANDIS COX, TRANSGENDER WOMAN: It's open discrimination. It is no different than the Jim Crow laws that we had here in the south.

(END VIDEO CLIP)

BLACKWELL: Well, now, it is onto the next phase of the fight over North Carolina's so-called bathroom bill.

The federal government has told state lawmakers the bill violates the civil rights act, also Title IX. It prevents local government from passing their own non-discrimination laws, and it requires transgender people to use the bathroom assigned to the gender listed on their birth certificate. Well, the justice department gave the state until tomorrow to respond.

Now, early this week the governor of that state, Pat McCrory said that deadline would be met. But now, the speaker of the state assembly says, the deadline will come and go with no response.

Attorney Page Pate is joining us now. Page, good to have you this morning.

PAGE PATE, CONSTITUTIONAL ATTORNEY: Good morning, Victor.

BLACKWELL: So, Page, let's start first with this declaration from the DOJ that this is illegal. The assembly -- the speaker of the state assembly says, this was a duly passed law and this deadline will come and go.

Why is it being considered illegal?

PAGE: Well, a political conflict about this law for a long time and now we have a direct legal conflict. The Department of Justice is saying that this law as it's currently written conflicts with federal civil rights laws. There's Title VII. There's Title IX, and there's violence against women.

When federal dollars go into a state, the feds are obligated to make sure the money is not used in a discriminatory manner so the Department of Justice is saying by this law for institutions like University of North Carolina and all of your state school system, if you require the use of bathrooms as written in this particular state law, you are violating federal, civil rights (INAUDIBLE). BLACKWELL: OK. So the fed has set this deadline of tomorrow for response. The governor says, there will be a response. The speaker of the state assembly says, there will not be a response. If there is no response, then what?

PATE: I think it is clear from the letter that the Department of Justice will take it to court. We know there is already one lawsuit that has been filed by the ACLU and some other individuals challenging this law. It is possible that the Department of Justice could join that lawsuit, or file a separate lawsuit, but the governor, even if he wanted to, can't undo this law. He can't take it off the books. He can't, you know, take it back or strike it out.

BLACKWELL: Yes.

PATE: There has to be a resolution in court. While the Department of Justice --

BLACKWELL: Or legislatively.

PATE: Or legislatively. But there is just not time for that. And not the interest for that. I think the folks in the state assembly have dug in their heels and said this is our law. We're going to keep it on the books. So if it's going to be changed I think it has to be done in court.

BLACKWELL: Now, typically when there is a challenge to a state law from the feds, the state's attorney general would come in and defend it, but in this case, he is also running for governor of North Carolina, and said that if challenged, he will not defend it.

So who then steps in to defend the law in court in the absence of the attorney general?

PATE: Well, that's a great question. It's an unusual situation because that is the attorney general's job for the most part is to stand in, defend our laws when they've been challenged.

I think the governor here will do like governors in other states have done, when there has been a political conflict. He can appoint a special counsel, a lawyer to represent the state to go into court and to litigate this particular issue. But I think the governor may use this litigation as a way to resolve this, as a way to come to some settlement with the Department of Justice so that they can stop the litigation, they can keep the funding in place and maybe somehow also satisfy the state assembly.

BLACKWELL: All right, tomorrow is the deadline. We'll be watching closely. Page Pate, thanks so much.

PATE: Thank you, Victor.

BLACKWELL: Ana.

CABRERA: Well, the quest for the Triple Crown has begun. The Triple Crown has begun. Can Nyquist continue his winning streak?

After the break Andy Scholes looks at what's ahead for the Kentucky Derby champ.

ANDY SCHOLES, CNN SPORTS ANCHOR: Hey, Ana. You (ph) were waiting 37 years for a Triple Crown winner. Now we might have another one in just a matter of weeks. We'll hear from the winning jockey and trainer when NEW DAY continues.

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[06:47:59]

CABRERA: Welcome back on this NEW DAY.

Well, Kentucky Derby favorite, Nyquist, living up to the hype.

BLACKWELL: But can he keep it up with the Preakness and the Belmont?

Andy Scholes here with more in this morning's bleacher report. What do you think?

SCHOLES: You know what? Actually I don't want him to do it, because I was at the -- when American Pharaoh won last year, and I want that to live for a little bit, you know? Again, it's so quick to happen two years in a row what actually happened 37 years ago.

CABRERA: (INAUDIBLE) undefeated.

SCHOLES: We'll have to wait and see and I'd say, unbelievable. Nyquist has raced in eight races, right? He has won all eight of them. So, you know, it's going to take an upset for him to lose, but none of Nyquist's victories were as big as yesterday's Kentucky Derby.

Nyquist, he broke out of the 13th gate cleanly and from there goes like he had the race. Mario Gutierrez actually had to ease him back a little bit, because Danzing Candy jumped out to an early lead, but Nyquist showing off that speed down the stretch pulled away from Gun Runner, then held off that late charge by Exaggerator, Nyquist, now the fourth consecutive favorite to win the Kentucky Derby.

(BEGIN VIDEO CLIP)

MARIO GUTIERREZ, NYQUIST JOCKEY: I get the confidence from Nyquist. I was able to work him since he got to the track, so I know him a lot, and I trust him. And then I believe he trusts me as well.

DOUG O'NEILL, NYQUIST TRAINER: He's just a remarkable athlete that if you call -- if you work him by himself, he'll swish his tail a little bit, like what do you want? What do you want from me? You put him in company and he is just a Ferrari.

(END VIDEO CLIP)

SCHOLES: (INAUDIBLE) for Nyquist is the Preakness Stakes on May 21st, at the second leg of the Triple Crown. CABRERA: So the track took a little bit of a beating with the wagers, right?

SCHOLES: You know what, most fans out there, they like betting the favorite. That's the one they want to cheer for and Nyquist was definitely the overwhelming favorite. And the thing that killed the track was Exaggerator was the second favorite. And so when people put the exact though was betting first and second and if they get that correct, you win big. I know a couple won pretty big out in the track yesterday. So I'm sure, you know, Kentucky Derby books weren't happy about how the race turned out.

(LAUGHTER)

CABRERA: But yay for those who won big.

SCHOLES: Absolutely. Nothing like having a winning ticket and that horse winning down the stretch. It's incredible.

[06:50:00]

CABRERA: How fun. Thank you, Andy.

Don't leave yet, because we have another story you're going to have fun with, I think. Of course, there was all that excitement about the Kentucky Derby but you might have missed out on this other major race that happened yesterday, the Running of the Chihuahuas.

Take a look at this. More than a hundred raced to the finish line in what has become a tradition. This is in the city of Chattanooga, Tennessee. Some of them -- you know, seeing some of this videos some of them have costumes on while Phoebe Coco took home the title of the fastest Chihuahua this year. Clearly, she ran away with it, really, no competition.

BLACKWELL: Yes and then some of them are distracted by the other Chihuahuas, like, oh, what are you doing?

CABRERA: I know. It's like watching toddlers trying to play soccer.

BLACKWELL: Yes.

CABRERA: They are like out doing their own thing.

(LAUGHTER)

SCHOLES: What's at the end (INADIBLE) tracking the Chihuahua is my question? The owner?

BLACKWELL: Maybe the owner. Yes. (INAUDIBLE)

(LAUGHTER)

CABRERA: Well, or a doggy treat.

(CROSSTALK) SCHOLES: ... the owner --

(CROSSTALK)

BLACKWELL: I'm in no (INAUDIBLE) to get down there. All right.

(LAUGHTER)

CABRERA: Thank you, Andy, for sticking around.

BLACKWELL: Coming up in the next hour of your NEW DAY.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: He was a disaster. I mean, there has never been anybody like this. And she was a total enabler. She would go after these women and destroy their lives.

(END VIDEO CLIP)

BLACKWELL: Donald Trump attacks both former president and former secretary Hillary Clinton. Is this the tone we'll see between the Trumps and the Clintons moving forward?

CABRERA: And later, political satire on "SNL" last night at the expense of Donald Trump. You'll want to see this. Stay with us.

(COMMERCIAL BREAK)

BLACKWELL: Five minutes until the top of the hour now. And we want to warn you about part of a 911 call that you're about to hear.

[06:55:01]

CABRERA: Yes. It may be disturbing for some of you.

(BEGIN AUDIO CLIP)

UNIDENTIFIED MALE: Nick, can you hear me?

UNIDENTIFIED FEMALE 911 OPERATOR: No, I can't. You're yelling too loudly. Can you tell me exactly what happened?

UNIDENTIFIED MALE: We were in a fight and I grabbed a gun and I shot him!

(END AUDIO CLIP)

CABRERA: The police say that was the 911 call from a Florida man who shot his older brother over a cheeseburger. 25-year-old Benjamin Middendorf, now facing first degree premeditated charges. Police say the fight started when the victim apparently came home after a night of drinking. Middendorf told police he was bullied by his older brother, and then he grabbed the gun.

BLACKWELL: All right. This just in. ISIS claiming responsibility for ambushing and killing eight police

officers in Egypt. It happened south of Cairo. Authority say the plainclothes officers were in a government minivan doing a security check when four gunmen in a truck unloaded on them.

And this new amateur video shows the moments after the attack. Bystanders trying to pull the policeman from the minivan. You see all that happening here in this chaos in the moment. Security officers have set up checkpoints and are searching the area to try to find those men.

CABRERA: North Korea could be planning another underground nuclear test. This news comes as North Korean leader, Kim Jong Un, addressed a rare party Congress. And according to state media he said, the country would not use a nuclear weapon unless its sovereignty is threatened.

BLACKWELL: Someone in New Jersey is waking up a lot richer than the rest of us.

(LAUGHTER)

The winning $429.6 million Powerball ticket -- and yes, that 0.6 is important. It was sold in Mercer County last night. The winning numbers, everybody in New Jersey reach for your ticket, 5, 25, 26, 44, 66, Powerball, 9. More than 3 million other tickets claim smaller prizes. So again, the 5, 25, 26, 44, 66, and 9. Few bucks for some up to $1 million for others.

CABRERA: And up to half a billion for that winner.

BLACKWELL: Yes. Good morning to you. And if it's a mom, no better Mother's Day, right? No better Mother's Day.

CABRERA: Or if her husband bought the ticket. Now, hey, that's a Mother's Day gift.

BLACKWELL: So, you know, it's the election season, and "SNL" is -- I mean, it's really at its best when there's the cycle going on. And they're at it again, spoofing this time Donald Trump pitting him against the church lady.

CABRERA: Yes. Special guest Dana Carvey reprises role to talk about a potential general election matchup between Trump and Hillary Clinton, very interesting take on the Bible.

(BEGIN VIDEO CLIP)

DANA CARVEY, COMEDIAN: Please welcome, the tangerine tornado, Donald J. Trump.

All right there. Hi, Donny, have a seat. Look at you.

DARRELL HAMMOND, COMEDIAN: Hey, church lady. It's great to be here. Your place looks tremendous. Believe me, this is one classy, fun house. CARVEY: Actually, this is what we a church. Something tells me that

you're not a big churchgoer.

HAMMOND: Oh, I am a big church guy. I'm there all the time. Sometimes I go even when it's not church day.

CARVEY: Wow! What a well-put statement. Does Donny ever take a gander at the Holy Scripture?

HAMMOND: Honestly, I love all the books in the Bible. I do. They're all terrific. Corinthians Part Deux, Book of Revelations, Two Genesis, Two Furious, which says, and I quote, "Love thy neighbor as thyself and like a good neighbor, State Farm is there." And always keep the Sabbath huge. That's Moses. Oh, and the part where Jon Snow comes back to life. That's great Bible.

CARVEY: Well, isn't that special.

(END VIDEO CLIP)

CABRERA: But there is more.

BLACKWELL: Yes.

CABRERA: In fact, "SNL" went on to spoof Trump's family, talked about Ted Cruz and that Lucifer comment. The nickname, John Boehner gave him. So we'll have more coming up in the next hour.

BLACKWELL: I really think that Darrell Hammond -- I mean, he should -- if he hasn't officially rejoined the cast, he should. I mean, he is so good at this.

CABRERA: Oh, man. He is good.

BLACKWELL: All right, thanks for staying with us this morning.

CABRERA: Much more ahead on your NEW DAY in the next hour, which starts right now.

(BEGIN VIDEO CLIP)

TRUMP: She's married to a man who got impeached for lying. He was impeached for lying about what happened with a woman. Some of those women were destroyed, not by him, but by the way that Hillary Clinton treated them after everything went down.