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Feds Looking Into Attorney General's Campaign Contributions; CDC: Do Not Eat Romaine Lettuce Amid E. Coli Outbreak; Trump Intensifies Attacks On Chief Justice John Roberts; 85,000 Children Have Died From Malnutrition In Yemen. Aired 7:30-8a ET

Aired November 22, 2018 - 07:30   ET

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


(COMMERCIAL BREAK)

[07:31:06] JOHN BERMAN, CNN ANCHOR: An independent federal agency is looking into whether acting attorney general matt Whitaker violated federal law by accepting a campaign contribution -- campaign contributions (multiple) to his 2014 campaign this year.

CNN's Laura Jarrett has more.

(BEGIN VIDEOTAPE)

LAURA JARRETT, CNN CORRESPONDENT (voice-over): Acting Attorney General Matt Whitaker facing new questions about a mysterious trail of campaign contributions as CNN how now learned that an independent federal agency is looking into whether he may have violated federal law by accepting campaign money while working at the Justice Department.

At the crux of the issue, $8,800 in donations made to his failed 2014 bid for a U.S. Senate in Iowa, especially since the donations were only made earlier this year, just months after he became chief of staff to then-Attorney General Jeff Sessions.

That's a problem says Austin Evers, head of American Oversight, a government watchdog group that filed an administrative complaint with the office of special counsel, an agency that says executive branch employees can be fined or reprimanded for violations.

AUSTIN EVERS, EXECUTIVE DIRECTOR, AMERICAN OVERSIGHT: So after two years of being completely dormant and only after he joined Jeff Sessions' office as chief of staff, he started receiving a cluster of contributions from former clients of his when he was a lobbyist in Iowa.

It appears to violate the black-letter law of the Hatch Act which says that public officials are now allowed to receive donations.

JARRETT: When reached by phone on Wednesday, Whitaker's campaign treasurer, Bill Gustoff, couldn't explain why four individuals donated to Whitaker in 2018 but told CNN that the unsolicited funds from backers of Republican candidates went toward roughly $49,000 in outstanding campaign debt.

Whitaker had let his own campaign money in 2013, something the Hatch Act allows, but it wasn't listed on his financial disclosure forms.

EVERS: We're calling for an investigation because there are a lot of unanswered questions.

Whitaker's treasurer said that he was paying off debt, but the FEC filings show that the only expenditures he made was for rent. He also said he didn't solicit these donations so he doesn't appear to know why they were received, either.

JARRETT: The financial disclosure forms, which were edited at least five times in the last two weeks since Whitaker was appointed acting attorney general, show $15,000 in other income as a legal analyst for CNN, while his critics now raise additional questions about his work for a conservative activist group known as FACT, the Foundation for Accountability and Civic Trust.

The foundation allows unlimited donations from undisclosed donors and paid Whitaker roughly $1 million as executive director in the years before being tapped as Sessions' chief of staff.

JARRETT (on camera): While we don't know much at all about all of the anonymous donations to this conservative group, FACT, we do know that the group was aggressively pushing for investigations into Hillary Clinton and the Clinton Family Foundation -- investigations that Whitaker would now be in charge of as the acting attorney general at the Justice Department.

Laura Jarrett, CNN, Washington.

(END VIDEOTAPE)

ERICA HILL, CNN ANCHOR: An E. coli outbreak has the CDC urging Americans across the country to avoid eating romaine lettuce. Thirty- six people in 11 states have gotten sick; another 18 in Canada.

Joining me now, Dr. Anthony Fauci. He is the director of the National Institute of Allergy and Infectious Diseases. Good to have you with us.

When we look at these numbers and the fact that as of this morning, they're still not able to identify the distribution source of this lettuce, and so this poll is going out nationwide, what does that tell you?

DR. ANTHONY FAUCI, DIRECTOR, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES: Well, first of all, the CDC is trying very hard to find out. We know it's a common source because you do a genetic analysis of the microbe from each of these individuals and there is a common source because it's the same microbe.

[07:35:02] So what they do is they then go back and do what we call epidemiological detective work. They find out where they bought it from, was it a common source, what is a common distributor, was it a common process, and was it a common farm. And that's what they're trying to do -- narrow it down to because they know it is a common source. The thing that's so puzzling is that we don't know what that common source is right now. And when you look at the distribution throughout the country of the 11 states that you alluded to --

HILL: Yes.

FAUCI: -- they're all over. They're California, they're Michigan, they're New Jersey, they're Connecticut, they're New York, they're Massachusetts. It's, essentially, all over the country.

HILL: You know, there's also the other factor which is concerning to people is that this is not something that's just come up out of the blue that we haven't seen recently. In fact, through -- from March through June of this year there was another multi-state E. coli outbreak -- 200 -- or, I'm sorry, 197 people affected. Five of them died.

FAUCI: Right.

HILL: Is there a rise that we're seeing in terms of issues with the food supply in this country or are we simply hearing more about them?

FAUCI: I'm not so sure there's a rise. Clearly, food problems is always something that we have to keep an eye on. There was an outbreak in 2017 very similar to the microbe we're seeing right now.

And, you know, years ago, this E. coli -- this particular pathogen that is involved in this current outbreak, years ago, was involved with contaminated hamburger meat, you might recall.

So this is something that intermittently occurs. Whether we're seeing more of it now -- I think we're doing just a better job of tracking it --

HILL: Yes.

FAUCI: -- the CDC and the FDA.

HILL: Anything else we can do, though, to eradicate it? I mean, to keep this from happening again.

FAUCI: Well, I mean, yes. The answer is yes. What you do is that you have better inspections and have better quality control over that.

I mean, when you had the situation with the meat --

HILL: Yes.

FAUCI: -- then the meat inspections went up and that essentially put that out.

Right now, we need to do a better job about these vegetables.

HILL: All right, so we'll keep an eye on that.

I do also want to get your take, shifting gears here. We've also been seeing in the headlines, obviously, this outbreak of chicken pox. So, at one school in North Carolina, 36 cases and local health officials there saying that exemptions from vaccines, they believe, have really played a role.

As you look at this -- I know you've stressed over the years the importance, in your view, of vaccinations -- what do you see?

FAUCI: Well, I see a really unfortunate situation where we're seeing not only in the United States but really throughout the world, particularly in Europe and countries like Italy and Greece and places like that, where there is an anti-vaccine feeling where parents essentially keep their children from getting vaccinated. And whenever you see that, there inevitably is an outbreak.

We're seeing it right now with what you just mentioned in North Carolina -- the outbreak in the school of chicken pox. But we've also seen that with measles and that's really a problem because these diseases are preventable. Some of them can be very serious, particularly in people who are immunocompromised or very young children and others.

So it really it is a shame. We really have got to change that -- that anti-vaccine feeling that we seem to be permeating not only in our country but in several countries throughout the world.

HILL: People have various reasons for opting out. Some folks cite religious reasons, which in 45 of the 50 states are allowed for exemptions despite vaccination laws on the books. Maybe a personal preference.

You have made the case though, I know in past interviews, that vaccines have been so effective that perhaps people don't realize that they are still needed.

Do we need a refresher course?

FAUCI: Well, we certainly do. We need to keep putting out the message.

And you're right, we're almost the victim of our own success because we've done such a good job of suppressing these diseases that parents, right now, they don't experience what happens.

I mean, when I was a child before we had measles outbreaks, measles was a very difficult situation. It can be a serious disease. So there was no problem in anybody wanting to get that measles vaccine once you had the vaccine.

HILL: Yes.

FAUCI: Now that we've done such a good job of suppressing it there's this feeling that the vaccine may be worse than the disease, which is absolutely not the case. And there's a lot of misinformation saying that vaccines cause things that they absolutely do not.

And I think the thing with autism is the classic example. Vaccines do not cause autism yet there's still that lingering feeling out there when you talk to people that vaccines have this issue with possibly causing these very difficult effects, such as autism, which just science tells you is absolutely not the case.

HILL: Dr. Anthony Fauci, always appreciate your time. Thank you and Happy Thanksgiving.

FAUCI: Thank you, same to you. Good to be with you.

BERMAN: So, Supreme rebuke. President Trump intensifying his attacks on Supreme Court Chief Justice John Roberts in a series of new tweets. The real question is what led Roberts to criticize the president. We get answers from someone who knows, next.

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[07:43:42] BERMAN: So, President Trump is spending this Thanksgiving morning tweeting. He is, once again, talking about Saudi Arabia and the Middle East, and he is mentioning Supreme Court Chief Justice John Roberts by name.

He has rebuked John Roberts over the last day. But what's even more extraordinary is that John Roberts, the chief justice, has chosen to speak out against the president.

Let me read you one more time what Chief Justice John Roberts says. "We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for."

Joining us now is CNN Supreme Court analyst Joan Biskupic. Joan, it's great to have you here this morning. I was lucky enough to speak with you last night.

And the burning question -- and, you know, we've seen the president go after people before. That's not surprising. What's surprising is what the Chief Justice of the United States, John Roberts, chose to do, which is weigh in now.

Why now?

JOAN BISKUPIC, CNN SUPREME COURT ANALYST: Thanks, John. Happy Thanksgiving. And it's good to see you late last night and early this morning on this fascinating topic.

I think what happened with John Roberts was that there was enough piling on by the president and a different context in the wake of the Brett Kavanaugh hearings.

Let's start with President Trump and his insults toward the judiciary which just keep escalating and escalating, including just a few minutes ago.

President Trump is essentially saying that once a judge is nominated and confirmed, he or she votes and is beholden to the president. John Roberts wanted to say there is no such thing as a judge who is in name, like an Obama judge, using the phrase that President Trump had used -- an Obama judge or a Clinton judge or a Trump judge.

That once an individual is confirmed by the Senate, he or she is going to try to be independent rather than what President Trump said, an automatic vote in one direction or another. So I think we're talking about dueling perspectives here.

But, you know, your question goes to the fact that this is a political process. Judges do come into the federal judiciary through the political process of appointed by a president, confirmed by a Senate. We know from the Brett Kavanaugh hearings that that can be very turbulent and politically charged.

And I think that's the other factor in the air here, John. You know, John Roberts watched since the 2016 campaign as Donald Trump insulted judges based on -- remember Mexican heritage of Judge Curiel who was hearing the Trump University lawsuit?

Then he referred -- then President Trump referred to a jurist who ruled against his Muslim ban early in his -- early in the administration's tenure -- and referred to him as a so-called judge. And, John Roberts was silent during those.

I think what's happened is there have been so many incidents now, including the one this week by President Trump. But then also, there's just been a lot of controversy --

BERMAN: Right.

BISKUPIC: -- about the integrity of the judiciary, the independence of the judiciary coming out of the Brett Kavanaugh hearings.

And, John Roberts wanted to send a signal not just to undercut President Trump's portrayal of justices but, I think to also reassure the American public about the independence of the judiciary.

BERMAN: As you've noted, John Roberts has been asked for his comments before on statements made by the president --

BISKUPIC: Yes.

BERMAN: -- and he did not give a response. He chose this time and he knew that the president would come back at him -- he had to know -- and it was interesting to me that the president did it.

After he got back from golf yesterday, the president went right to Twitter to respond to John Roberts and he woke up this morning to do it again. This isn't going away.

But, will John Roberts stay engaged here?

BISKUPIC: I don't think so, John. I think it took all he had to put out the statement he did yesterday. I know lower court judges have been imploring him to speak up because they all feel under siege these days.

And I should note that his response come yesterday -- came after the Associated Press had asked him to comment on what President Trump had said earlier in the week, and this time he did.

But, John Roberts doesn't do anything spontaneously. John Roberts has thought this out and he probably knew that President Trump would respond. Would he have predicted that it would have been in exactly three hours after he got off the golf course, probably not, but he probably expected this morning's tweet?

And I believe, John, that John Roberts will not be responding in-kind. He's said his peace. That's it for now.

BERMAN: I will note there are inaccuracies in the president's tweet this morning.

BISKUPIC: Right.

BERMAN: He says that no court is more overturned than the Ninth Circuit. That's not true.

BISKUPIC: Right.

BERMAN: There are two courts -- two circuits that overturn more than the Ninth Circuit. It is overturned more than average but only slightly so.

And all circuit courts are overturned because if a case gets to the Supreme Court, by definition, it is likely to be overturned. They don't take it unless there's a good chance of that.

I do want to ask you, though, about this notion --

BISKUPIC: Yes.

BERMAN: -- because a lot of people are up in arms about the politicization of the court. But politics have always been associated with federal judges and I've noted to you when we write articles or mention judges, we note which president appointed them.

BISKUPIC: Well, that's right, John. The -- our Constitution says that the federal judiciary is going to be appointed with the advice and consent of the Senate. The president is involved as the individual who will nominate, and then the Senate reviews that person.

So it's always been political and we've always had controversies since -- you know, since day one back in the 1700s about judges.

And the reason we do identify judges by the president who has named him or her is because it often can be relevant. But we don't do it to say that that individual is going to be beholden to the president, as Donald Trump seems to be suggesting. We say it more that that's the person who has been chosen for his or her ideology, likely.

BERMAN: Yes. BISKUPIC: Really, I mean, let's be realistic here.

[07:50:02] And, John Roberts is a realist, even though he's trying to kind of look at this through a different kind of lens, that Donald Trump is picking individuals for the bench that Bill Clinton would not be picking for the bench.

BERMAN: Joan Biskupic, great to have you on this morning.

BISKUPIC: Sure.

BERMAN: Thank you very, very much, and Happy Thanksgiving to you.

BISKUPIC: Happy Thanksgiving, John.

BERMAN: Erica --

HILL: An apartment building filled with flames leads to heroic action. How neighbors banded together to save a baby who had to be tossed from that third-story window. That's next.

(COMMERCIAL BREAK)

HILL: Talks to end the conflict in Yemen are set for next month in Sweden. Nearly four years of fighting between Iran-backed rebels and a coalition led by the Saudis have left thousands of people dead and brought Yemen to the brink of mass starvation. It comes as Save the Children says 85,000 children have died from malnutrition in Yemen's 3-year war.

CNN senior international correspondent Ben Wedeman is live for us now with more -- Ben.

[07:55:04] BEN WEDEMAN, CNN SENIOR INTERNATIONAL CORRESPONDENT: Yes, Erica. According to Secretary of Defense Mattis, those talks will begin sometime at the beginning of Sweden. We also know that the U.N. special envoy for Yemen is in the country itself also trying to arrange to make sure that these talks go smoothly because previous rounds of talks did not.

But these talks are obviously too late for the at least 54,000 people, according to one estimate, killed in this war that began at the beginning of April 2015.

And as you mentioned, that disturbing report from Save the Children which estimates that as many as 85,000 children under the age of five were killed as a result of what they call severe acute malnutrition. In Basic English, that means starvation and disease.

This is in addition to the fact that according to the U.N, around 14 million people in Yemen are at threat of famine. And also, other statistics indicate that 75 percent of the population of that war- ravaged country, the poorest in the Middle East, are dependent on food aid.

So the situation is dire at the moment and certainly, these peace talks could not come soon enough.

HILL: Ben Wedeman with the latest for us. Ben, thank you.

BERMAN: All right, we do have some breaking news out of Chicago. Chicago police are investigating a deadly shooting involving an off- duty police officer.

Police tell CNN affiliate WLS that two teenagers, one of them armed, walked up the officer's car, pulled out a gun, and demanded his wallet. The officer complied but when one of the teens reached in the car he saw the officer's badge.

Police say a struggle ensued and the officer shot the armed suspect. The suspect died at the hospital. The other teenager ran away. Officers tracked him down later.

The off-duty officer is now on leave while this case is investigated.

HILL: The Los Angeles County prosecutor is declining to file felony domestic violence charges against Michael Avenatti, the man best known as Stormy Daniels' lawyer could have misdemeanor charges instead.

Avenatti was arrested last week after a woman he's been dating claimed he hit her and dragged her across the floor. Avenatti insists he never laid a hand on the woman.

BERMAN: We have some amazing video of a lifesaving rescue. Check this out.

An apartment building in Dallas engulfed in flames. You can see a 1- year-old being dropped from a third-floor window -- oh my goodness -- into the arms of a man below. Five other people in the building, including the child's parents, jumped from the third story onto mattresses to cushion their fall.

It took 50 firefighters to put out the fire. The cause is under investigation.

Thank goodness the firefighters were there and able to manage that situation.

HILL: And those quick-thinking neighbors, too, with grabbing the mattress.

BERMAN: Yes.

HILL: And between all of them working together it's pretty remarkable.

BERMAN: Good on them.

All right, the president and the Chief Justice of the United States in an unprecedented feud. It's going on as we speak. That's right now.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: This was an Obama judge and it means an automatic loss, no matter what you do.

UNIDENTIFIED MALE: Roberts is stepping up and saying no, I'm an independent-minded Supreme Court justice.

UNIDENTIFIED MALE: That's sad that the president is to petty that he puts a D or R beside anyone's name.

UNIDENTIFIED MALE: Unreal -- I mean, it's unreal to suddenly be stuck in the middle of nowhere.

DAVE BRIGGS, CNN ANCHOR, "EARLY START": Two Amtrak cars separated from a train at the peak of holiday travel.

BILLY OSHER-DUGAN, AMTRAK PASSENGER: All these cars were making all this noise. It was a little scary.

CHAD MYERS, AMS METEOROLOGIST: The balloons will fly. Wind right now are 16 miles per hour.

MIGUEL MARQUEZ, CNN NATIONAL CORRESPONDENT: It is on, no matter how cold it gets, no matter how windy it gets.

(END VIDEO CLIP)

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

BERMAN: Good morning, everyone. Welcome to your NEW DAY. It is Thursday, November 22nd, 8:00 in the east. It's Thanksgiving. Happy Thanksgiving to all of you.

Alisyn is off. Erica Hill is with us this morning.

HILL: Happy Thanksgiving.

BERMAN: Happy Thanksgiving. It's very nice to have you here.

HILL: My pleasure.

BERMAN: What's going on outside right now?

HILL: Well, a little action on the streets there in New York City. A big parade happening today.

BERMAN: Yes, we're an hour away from the start of the 92nd Macy's Thanksgiving Day Parade. It's the one with the balloons. It is wicked cold outside.

HILL: So we -- so we don't confuse it with another one?

BERMAN: That's actually the tagline. Macy's insists you say it's the one with the balloons.

HILL: The one with the balloons.

BERMAN: It's very cold outside and there is a question about whether these balloons -- maybe they call them floats. Do they call them floats or balloons?

HILL: Well, I think there's --there's both. So there are floats --

BERMAN: OK.

HILL: -- and performers on the floats. Diana Ross and her whole family, I've heard. But then, there are also the balloons.

BERMAN: I get confused.

HILL: There is a lot to see in this parade.

BERMAN: Because balloons do float, but that's not what the floats are. The floats roll --

HILL: Correct, the floats roll so they appear to be -- appear to be floating above the street --

BERMAN: OK.

HILL: -- but they don't actually float.

BERMAN: So the question is, will the balloons fly? We have an important live update on that subject from along the parade route in just a moment.

First, though, President Trump intensifying his attacks on the Chief Justice of the United States, lecturing John Roberts over Twitter on this Thanksgiving morning, as one does, about America's judicial system --