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Early Start with John Berman and Zoraida Sambolin

Senate Committee Sets Deadline For Ford Testimony; President Trump Touts North Korea Gesture; Trump Tours Florence-Devastated Carolinas; Six More Potential Victims In Doctor Rape Case. Aired 5:30-6a ET

Aired September 20, 2018 - 05:30   ET

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


(COMMERCIAL BREAK)

[05:30:35] DAVE BRIGGS, CNN ANCHOR: Senators set a deadline for Christine Blasey Ford to decide if she'll testify about Judge Brett Kavanaugh.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: It's very hard for me to imagine that anything happened.

(END VIDEO CLIP)

CHRISTINE ROMANS, CNN ANCHOR: President Trump continues to stand behind his Supreme Court nominee.

BRIGGS: The president promising help for the Carolinas where the worst flooding could still be yet to come.

(BEGIN VIDEO CLIP)

LAUREN HAYDEN, WENT ON DATE WITH GRANT ROBICHEAUX: I saw that news article and I just started bawling. And I just felt like what an idiot. Like, how could I fall for that?

(END VIDEO CLIP)

ROMANS: More women come forward with stories about a reality T.V. doctor accused of disturbing sex crimes.

BRIGGS: Amazon with another plan to change the way you shop. A whole chain of stores without cashiers and thousands of news stores.

ROMANS: I don't know why Mark Cuban was in the picture -- Mark Cuban.

BRIGGS: Mark Cuban is also coming up.

ROMANS: That's right.

BRIGGS: That $10 million dollars and an apology from the Mavericks owner.

Welcome back to EARLY START. I'm Dave Briggs. ROMANS: And I'm Christine Romans. It is 31 minutes past the hour.

A showdown underway this morning between Senate Republicans and Christine Blasey Ford, the woman who says Supreme Court nominee Brett Kavanaugh sexually assaulted her when they were teens.

Senate Judiciary chairman Chuck Grassley is setting a deadline of 10:00 a.m. Friday for a decision from Ford on whether she will testify to the committee next Monday.

But Ford's lawyer, Lisa Banks, says in a statement to CNN, "Grassley's rush to a hearing is unnecessary and contrary to the committee discovering the truth."

Banks says her client continues to believe that a full nonpartisan investigation of this matter is needed.

BRIGGS: But, Grassley resisting calls from Ford and Banks for an FBI probe. He says he's focused on encouraging her to come and testify.

(BEGIN VIDEO CLIP)

SEN. CHUCK GRASSLEY (R-IA), CHAIRMAN, SENATE JUDICIARY COMMITTEE: We're doing everything that we can to make Dr. Ford comfortable with coming before our committee either in an open session or a closed session or a public or a private interviews. That's four different ways she can choose to come.

(END VIDEO CLIP)

BRIGGS: Grassley followed up with a letter to Ford explaining why the Senate and not the FBI is the right body to investigate her allegations.

He writes, quote, "The FBI does not make a credibility assessment of any information it receives with respect to a nominee. The Constitution assigns the Senate, and only the Senate, with the task of advising and consenting to the nomination if the circumstances merit."

Sources tell CNN if Ford chooses not to speak to the committee the Monday hearing will likely be canceled and that panel could move to vote by mid-week.

ROMANS: President Trump says he really wants to hear Christine Blasey Ford testify. On his way to see hurricane devastation in the Carolinas, the president told reporters the Senate should give Ford all the time she needs to tell her story.

And he opened the door to the possibility he could change his mind about Brett Kavanaugh.

(BEGIN VIDEO CLIP)

TRUMP: I really want to see her. I really would want to see what she has to say. If she shows up, that would be wonderful. If she doesn't show up,

that would be unfortunate. If she shows up and makes a credible showing, that will be very interesting and we'll have to make a decision.

But I can only say this. He is such an outstanding man. It's very hard for me to imagine that anything happened.

(END VIDEO CLIP)

ROMANS: The president emphasized Kavanaugh has already been repeatedly investigated by the FBI for previous jobs and downplayed the prospect of an additional probe.

BRIGGS: All right.

Let's talk about this with CNN political analyst Julian Zelizer, historian and professor at Princeton University.

ROMANS: Good morning.

JULIAN ZELIZER, CNN POLITICAL ANALYST, HISTORIAN AND PROFESSOR, PRINCETON UNIVERSITY: Good morning.

BRIGGS: Good to see you, professor.

All right. So all eyes are on a handful of Republican senators -- Collins, Murkowski, Graham, Flake, Corker -- and if this is any indication, it seems like we know where this is headed.

Here is Susan Collins yesterday on whether or not they'll move forward without this FBI investigation.

(BEGIN VIDEO CLIP)

SEN. SUSAN COLLINS (R), MAINE: I think it's not fair to Judge Kavanaugh for her not to come forward and testify. Both of them need to testify under oath next Monday before the Judiciary Committee.

(END VIDEO CLIP)

BRIGGS: OK, there's Collins.

Here's Lindsey Graham. "This has been a drive-by shooting when it comes to Kavanaugh. I'll listen to the lady, but we're going to bring this to a close."

Julian, how do you expect this to play out?

ZELIZER: Yes, I think the Republicans are still pushing to get this through as fast as possible -- to do it before the midterms. And obviously, Collins is saying she wants the testimony.

ROMANS: Yes.

[05:35:02] ZELIZER: But the writing is on the wall. The Republicans are still pretty firm in terms of pushing this nomination through quickly.

ROMANS: Well, Chuck Grassley sent a letter --

BRIGGS: Yes, they do.

ROMANS: -- to her yesterday -- to Ford yesterday and her attorneys -- and he laid out all of these options kind of clearly saying we're giving all of these four or five different ways for her to appear.

Let me read it to. "I recognize that testify publicly about sexual assault allegations may be difficult for Dr. Ford so I've offered her the opportunity to testify in any of four possible venues -- a public hearing, a private, a public staff interview or private staff interview.

I'm even willing to have my staff travel to Dr. Ford in California or anywhere else to obtain her testimony."

Does this put the onus now on the accuser? If she hits the pause button here and says -- insists on an FBI investigation -- it doesn't look like it's coming -- does that pave the way for Republicans then to move forward with this nomination?

ZELIZER: Look, the onus is on the Senate to conduct a thorough investigation to figure out what happened. That's different than the politics.

I think the Republicans have set this up -- does she testify or does she not testify? And what they're pushing away is an investigation that goes beyond a very partisan judiciary committee which is unlikely to really have a serious investigation, other than having them both say what they say and then move forward.

BRIGGS: It raised a few eyebrows on the president's favorite television network when Judge Andrew Napolitano -- obviously, their judicial analyst -- was asked if he thought the president should ask for this FBI investigation.

Listen to what he said.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Do you think that the president should ask the FBI to do that?

ANDREW NAPOLITANO, SENIOR JUDICIAL ANALYST, FOX NEWS: Yes, I do. I do for a couple of reasons.

I think that if the hearing on Monday is just Judge Kavanaugh, he is going to have taint on his skin which he doesn't deserve and which will take years to eradicate.

UNIDENTIFIED FEMALE: Yes.

NAPOLITANO: I would rather see a justice Kavanaugh start in November, but without taint on his skin than a justice Kavanaugh starting the first Monday in October, but with doubt about whether or not these events happened.

(END VIDEO CLIP)

BRIGGS: So then why not ask for an FBI investigation?

ZELIZER: There's no reason. It's been done before.

It was done with Anita Hill. It was done with the nomination for John Tower back in the 1980s.

And I think that comment's actually true. The judge should want this more than anyone else and certainly, the administration. Why start a Supreme Court nomination with this hanging over the head unless they just want to move forward and put this aside?

ROMANS: We keep hearing that there's -- he's had six -- he's had six investigations for different probes, for different jobs, but that's not an investigation of this particular accusation.

BRIGGS: Right.

ROMANS: That's why that's different.

ZELIZER: And he was asked about this during the hearings and he said there was nothing there. So if something did happen, there -- even during the hearings -- he didn't tell the truth. So this is a pretty serious issue on many fronts and the supporters should want this cleared up more than anyone else.

BRIGGS: OK. The president continuing to lash out at his attorney general. Here's what he said about Jeff Sessions yesterday in the Carolinas.

(BEGIN VIDEO CLIP)

TRUMP: I'm disappointed in the attorney general for numerous reasons, but we have an attorney general. I'm disappointed in the attorney general for many reasons and you understand that.

(END VIDEO CLIP)

BRIGGS: Now, that followed remarks to Hill T.V. that we do not have an attorney general.

ROMANS: He said I do not have an attorney general.

BRIGGS: Right, right. That attorney general is for the United States of America.

What does he mean when he says that to Hill T.V.?

ZELIZER: Well, I think that's kind of the problem. He's upset that the attorney general has not been loyal to him on one particular issue, and that's the investigation and protecting him from it.

The irony is Attorney General Sessions is as Trumpian as anyone in the administration. And on every other issue, including immigration --

ROMANS: Especially immigration.

ZELIZER: -- he is pushing for exactly what President Trump wants. So, Trump is in some ways subverting one of his greatest allies in the cabinet.

BRIGGS: Well, even at the same time he was saying I don't have an attorney general, the attorney general was cracking down on immigration courts --

ZELIZER: Yes.

ROMANS: Yes.

BRIGGS: -- and doing exactly theoretically what this president wants.

ROMANS: And what Jeff Sessions truly believes, too -- what he has wanted to do for a very, very long time. So while Trump is insulting this man, he is actually doing what he promised to do.

BRIGGS: Very effective, yes.

ZELIZER: And that probably insulates him a little bit --

ROMANS: Yes.

ZELIZER: -- because there are many conservatives on the Hill who really do like Sessions. They like what he's doing and they realize his policy added value despite President Trump's ire.

BRIGGS: Clearly, it's when, not if, he's dismissed which begs the question, what will a confirmation hearing look like for his successor. But that's for another day.

ROMANS: Great to see you, Julian Zelizer.

BRIGGS: Good to see you, Julian.

ZELIZER: Yes, thanks.

ROMANS: Thanks, Julian.

BRIGGS: All right.

President Trump optimistic about a possible solution to the North Korean nuclear threat Wednesday.

(BEGIN VIDEO CLIP)

TRUMP: We're making tremendous progress with respect to North Korea. Prior to becoming president, it looked like we were going to war with North Korea and now we have a lot of progress.

In the meantime, we're talking. It's very calm -- he's calm, I'm calm. So we'll see what happens. (END VIDEO CLIP)

[05:40:00] BRIGGS: The president spoke just hours after the North and South hammered out a deal announcing Pyongyang would close a key missile test facility and potentially destroy a key nuclear complex if the U.S. agrees to, quote, "corresponding measures."

Paula Hancocks live in Seoul for us with the very latest. Paula, hi there.

PAULA HANCOCKS, CNN INTERNATIONAL CORRESPONDENT: Hello, Dave.

Well, right now, the South Korean President Moon Jae-in is just behind me speaking to the South Korean people, speaking to the international media about what he achieved in Pyongyang during the past three days.

Now clearly, the South Korean president sees this as a success -- the fact that he said it's the first time that North and South Korea have actually started to think about methods -- actual methods of denuclearization.

Now we know that the White House, as you say, has welcomed this summit.

The U.S. Secretary of State Mike Pompeo also saying that he will be meeting with his North Korean counterpart Ri Yong-ho, saying that he will see him on the sidelines at the U.N. General Assembly in New York.

There's also going to be another set of negotiations ongoing between the U.S. and North Korea in Vienna, Austria.

So even though there are some critics who say that this is still light on details that exactly when they will be denuclearizing, that is not a timeline. And some of it is conditional.

They also say that at least this has sparked negotiations between the U.S. and North Korea again because they have been stalled for some time.

Of course, the question is though when North Korea says they will shut down the Yongbyon nuclear facility if there are correspondent measures. The question is what are those corresponding measures? And I can guarantee that is one of the questions that will be asked to the South Korean president behind me -- Dave.

BRIGGS: That is the question -- all right. Paula Hancocks live for us in Seoul. Thank you.

ROMANS: All right, 41 minutes past the hour.

Prosecutors say he was like a wolf in sheep's clothing.

(BEGIN VIDEO CLIP)

TONY RACKAUCKAS, DISTRICT ATTORNEY, ORANGE COUNTY, CALIFORNIA: Well, a wolf can wear scrubs or doctor's clothing.

(END VIDEO CLIP)

ROMANS: More on the reality T.V. doctor who may have preyed upon women all over the country.

BRIGGS: And you'll hear what President Trump told people in the Carolinas who are still suffering after Hurricane Florence.

(COMMERCIAL BREAK)

[05:46:18] BRIGGS: President Trump got a firsthand look at the devastation from Florence Wednesday. His 6-hour visit came with the death toll from the storm now at 36. Rivers are still rising, some expected to crest as early as today creating a fresh round of flooding.

Touring the region, President Trump met with first responders and evacuated residents, assuring them America stands ready to help.

Nick Watt with more from Wilmington, North Carolina.

(BEGIN VIDEOTAPE)

NICK WATT, CNN NATIONAL CORRESPONDENT: Christine and Dave, well, the sun has been shining here in Wilmington, North Carolina but the outlook is still pretty bleak.

Now, the governor here said that we are a state that is hurting. The state's going to hurt for quite some time and here is why.

I mean, they still have thousands of people in shelters, hundreds of roads closed. And the long-term impact is also just beginning to be calculated.

The Carolinas rely heavily on tourism and agriculture. Fields have been inundated. And also, three million chickens killed, 5,000 hogs dead.

And as the president said today, the people of South Carolina -- for them, the worst may still be to come. One of the last trips -- spots on his trip here Wednesday was Conway in South Carolina, where officials say that they don't think the river is going to peak and really cause some damage until Friday. Other rivers may not peak until next week.

And one of the officials down there in North Myrtle Beach texted me and said -- you know, we are slowly becoming an island.

Now, the president's message on his trip --

TRUMP: Washington is with you, Trump is with you. We are all with you 100 percent and we'll get through it.

WATT: So that was the message from the president's trip. There were two messages, really. One is for South Carolina, the worst

could still be to come. The second was whatever happens, the federal government will do whatever it can to help you -- Christine and Dave.

(END VIDEOTAPE)

ROMANS: All right, Nick. Thank you.

Officials in California say six new people have been identified who may have been drugged and raped by California surgeon Grant Robicheaux and his girlfriend Cerissa Riley. Robicheaux appeared on one episode of a Bravo reality show now canceled.

The Orange County D.A.'s office says two of these new cases appear to have occurred outside the state. One of the victims may now live outside the U.S.

One woman who went on a Tinder date with Robicheaux says while she wasn't drugged or raped, the suspect did make unwanted sexual advances toward her.

(BEGIN VIDEO CLIP)

HAYDEN: He took me to his Jacuzzi where he kept trying to rip off my top, and I kept trying to just put it back on. I kept trying to like escape and he kept like pulling at my clothing.

(END VIDEO CLIP)

ROMANS: She says she did not report the incident to police.

Meantime, the D.A.'s office says it has received more than 30 calls with more coming in.

He and Riley are set to be -- Robicheaux and Riley are set to be arraigned October 25th.

BRIGGS: Dallas Mavericks owner Mark Cuban donating $10 million to women's advocacy groups after an independent probe found numerous instances of sexual harassment and other workplace misconduct among team employees over more than 20 years. That included forceful touching and kissing of female employees by a former team president.

(BEGIN VIDEO CLIP)

MARK CUBAN, OWNER, DALLAS MAVERICKS: First, just an apology to the women involved. This is not something that just is an incident and then it's over. It stays with people and it stays with families.

And I'm just sorry I didn't see it. I'm just sorry I didn't recognize it.

(END VIDEO CLIP)

BRIGGS: The NBA said the investigation found no evidence Cuban was aware of the former team president's misconduct. The probe launched following a "Sports Illustrated" article in February.

ROMANS: All right, let's get a check on "CNN Money" this morning.

The U.S. is embroiled in a trade war with China but Wall Street closing in on record highs. The Dow and the S&P 500 both less than one percent from records.

Bank shares were the big winners yesterday, jumping nearly two percent as the 10-year treasury yield hit the highest level since May.

[05:50:04] The trade war between the U.S. and China has shaken stocks for months. Yet, even with a volley of tariffs, markets are on the rise. Why? Experts say investors still expect a compromise and companies are still making a boatload of money.

Today should be another up day for stocks right now. Global stocks are higher. U.S. futures are pointing mostly higher as well.

Amazon may shake up retail once again. "Bloomberg" reports Amazon plans to open up to 3,000 cashier-free stores by 2021. Amazon currently has three of these so-called Amazon ghost stores in Seattle with plans to expand.

OK, so the store has no cashiers.

You see that guy? He's on his Amazon app. He buys the stuff using the app. He scans it as he enters the store and then cameras and sensors inside the store track what he picks up and charges him.

This move will give Amazon an even bigger foothold in the $750 billion grocery market. Remember, they bought Whole Foods last year.

OK, flyers planning to catch a Delta flight. You're now going to pay more to check your bags.

Yesterday, Delta quietly hiked fees for checked baggage by $5.00. For domestic flight travelers, now pay $30 for the first bag, $40 for the second.

Delta had told CNN it routinely makes fee adjustments. It is the third major U.S. airline to do so.

United and JetBlue made the same price hike last month.

Airlines say this will help offset higher fuel and labor costs.

BRIGGS: New York Congressman Chris Collins has returned to actively campaigning for reelection this morning while under indictment on federal insider trading charges.

The Buffalo area Republican tweeting Wednesday that "The stakes are too high to allow the radical left to take control of this seat in Congress." Last month, Collins suspended his campaign while the GOP looked for a way to replace him as a candidate. But in the end, Collins' lawyer concluded there was no clear path to putting a substitute on the ballot.

Collins was one of President Trump's earliest supporters in the 2016 campaign.

He's called the securities and wire fraud charges against him quote "meritless."

All right. Coming up, he's got the moves like Jagger and now a gig like Lady Gaga. Coming up, the band set to take the stage for the Super Bowl halftime show.

ROMANS: And how did this happen? A spelling mistake that just couldn't go unnoticed.

(COMMERCIAL BREAK)

[05:57:00] ROMANS: Maroon 5 geared up to headline next year's Super Bowl halftime show. At least that's what two sources tell "The New York Times".

In a statement, the NFL says it's continuing to work out the plans. They're not going to do a big reveal just yet. They don't have an announcement to make.

But if this is true, the band and frontman Adam Levine follow in the footsteps of other chart-topping artists including Justin Timberlake, Lady Gaga, and Bruno Mars.

Super Bowl LIII takes place February third in Atlanta.

All right, here's a big-time reminder that spelling counts. Take a look. Hong Kong-based Cathay Pacific painted its name as "Cathay Paciic" on the side of the jet.

Eagle-eyed travelers spotted the missing "f" and immediately contacted the airline.

Cathay Pacific said it was a genuine, yet costly, mistake and even joked about it on Twitter, saying "Oops, this special livery won't last long. She's going back to the shop!"

A reminder that everyone needs a good copy editor.

BRIGGS: Yes, a self-deprecating humor is the best kind.

President Trump visiting North Carolina yesterday. He spoke with a homeowner who had a boat wash up in his yard.

While you were sleeping, late-night comedians, as you might imagine, had a bit of fun with that.

(BEGIN VIDEO CLIP) JAMES CORDEN, CBS HOST, "THE LATE LATE SHOW WITH JAMES CORDEN": Trump said today, touring the Carolinas -- at one point he stopped to ask a resident about a large boat that had washed ashore next to his house. Here's a picture of the boat here.

Now, according to reports, Trump asked the man "Is this your boat?" And when the homeowner said no, Trump actually replied -- and this is true -- "At least you got a nice boat out of the deal."

SETH MEYERS, NBC HOST, "LATE NIGHT WITH SETH MEYERS": And in case you think Trump was just kidding, he later told reporters, "I think it's incredible what we're seeing. This boat just came here. They don't know whose boat that is."

What's the law? Maybe it becomes theirs."

Ah, yes. Who could forget the famous Supreme Court case of Finders v. Keepers?

(END VIDEO CLIP)

BRIGGS: That was a landmark case.

ROMANS: That was strong -- very strong. All right, while you were sleeping that was happening.

Thanks for joining us. I'm Christine Romans.

BRIGGS: And I'm Dave Briggs. "NEW DAY" starts right now. We'll see you tomorrow, hopefully.

(BEGIN VIDEO CLIP)

JEFFREY TOOBIN, CNN LEGAL ANALYST: If she refuses to testify on Monday, Kavanaugh is getting confirmed.

UNIDENTIFIED FEMALE: She is being threatened, not to mention she is not getting a fair deal.

COLLINS: It's not fair to Judge Kavanaugh for her not to come forward.

TRUMP: If she shows up and makes a credible showing, we'll have to make a decision.

UNIDENTIFIED FEMALE: This is a P.R. stunt and the Republicans are not buying it anymore.

SEN. KIRSTEN GILLIBRAND (D), NEW YORK: I stand with her. She is being bullied by this committee. It's outrageous.

(END VIDEO CLIP)

ANNOUNCER: This is NEW DAY with Alisyn Camerota and John Berman.

JOHN BERMAN, CNN ANCHOR: All right. Welcome to our viewers in the United States and all around the world. This is NEW DAY. It's Thursday, September 20th, 6:00 here in New York.

And this morning, Professor Christine Blasey Ford faces a stark choice -- tell her story on Republican Chuck Grassley's terms or not at all.

Yes, she can appear before the Senate Judiciary Committee and the world and state her allegation that she was sexually assaulted by Supreme Court nominee Brett Kavanaugh. She can do that, but only if she agrees to do it with no additional independent investigation and not a single witness.