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Early Start with John Berman and Zoraida Sambolin

Privilege could Lead to a Court Battle; Boeing CEO's Message after Deadly 737 MAX Crashes; New Zealand Prime Minister Vows Never to Speak Mosque Gunman's Name. Aired 5:30-6a ET

Aired March 19, 2019 - 05:30   ET

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

[05:30:00]

DAVE BRIGGS, CNN ANCHOR: First look at the Mueller report goes to the White House. Why the president's lawyers will review it before it goes to Congress and the public.

CHRISTINE ROMANS, CNN ANCHOR: The death toll rising from floods in Nebraska. Historic flooding blankets dozens of counties. The vice president is there today.

BRIGGS: And Boeing's CEO has a message for air travelers in the wake of two deadly plane crashes. What he says the company is doing to prevent more disasters. Welcome back to EARLY START.

ROMANS: The software patch and more training.

BRIGGS: Yes, going to need a lot more than that to satisfy the American public and the worldwide.

ROMANS: I think so.

BRIGGS: I'm Dave Briggs. Good morning.

ROMANS: I'm Christine Romans. It's 30 minutes past the hour. Nice to see you all this morning. So, let's begin here with the world waiting for the Mueller report.

The White House though we're learning gets a first look and maybe a first edit. Whatever part of the report that Attorney General Bill Barr decides to submit to Congress and maybe make public. Sources tell us White House lawyers expect to review it first.

BRIGGS: They will be considering if and when to claim executive privilege. The president does have the legal right to withhold information, but should he claim that right.

CNN's Pamela Brown has more from Washington.

PAMELA BROWN, CNN JUSTICE CORRESPONDENT: Well, good morning, Christine and Dave. We have learned that White House lawyers expect to review whatever version of Mueller's report Attorney General Barr submits to Congress before it reaches lawmakers and the public. And this is a potential flash point, a political battle over the hotly anticipated document. The attorneys want the White House to have an opportunity to claim executive privilege over information drawn from documents and interviews with White House officials over the last couple of year, these sources said.

But the White House has review of executive privilege claims are within its legal purview, but this could set up this political battle over the perception at the very least of President Trump trying to shield certain information from the public about an investigation that has swirled around him since the first day of his presidency. As one source close to the White House put it, there has always been tension between what looks best politically and what represents the interests of the institution. But preserving executive privilege Trump's political optics and the White House view. We should know executive privilege allows the president's conversations with other officials be kept confidential if he chooses to assert it.

Now, Justice Department lawyers could advise him against certain assertions if they don't feel that it is legally defensible, but if President Trump does assert executive privilege, the decision could be litigated in court if it is challenged which Democrats would almost certainly do. Back to you.

BRIGGS: OK. Pamela Brown, thank you.

Let's bring in "Washington Post" congressional reporter Rachael Bade, a CNN political analyst. Good to see you Rachael.

RACHAEL BADE, CNN POLITICAL ANALYST: Good morning.

BRIGGS: Good morning.

BRIGGS: All right. So, what is the political risk of the White House claiming executive privilege and what do you expect the Congressional reaction would be?

BADE: Yes. So, it's no -- this is no shocker, right? I mean administrations for the past - you know, past few presidents have claimed executive privilege to try to keep documents from finding the light of day especially when it comes to investigations by Congress. Difference here is that the stakes are so high on this and the public overwhelmingly has said they want to see this report. Congress voted unanimously to release this report. Everybody wants to see what this looks like. And of course the president can look like he is trying to hide something if they claim executive difference privilege.

ROMANS: Right.

BADE: But I think this is interesting because it is sort of a test case for the White House on this matter, right? Democrats in the House are already requesting tons of documents from the White House and anything that the White House doesn't claim executive privilege for that they actually gave to Mueller, and that is more than a million documents, House Democrats could try to get their hands on that and say, listen. You didn't claim executive privilege before, you have no reason to hold those documents back, you need to give them to us. And so, I think this is an interesting test case on that.

BRIGGS: Yes.

ROMANS: Meantime the Democratic field for 2020 is starting to fill up. Right?

BRIGGS: Almost totally full.

ROMANS: I would say so.

BADE: No bet.

ROMANS: And we heard last night from Elizabeth Warren - Senator Warren on a CNN town hall where she talked about getting rid of the Electoral College. Listen to what she said.

(BEGIN VIDEO CLIP)

SEN. ELIZABETH WARREN (D), PRESIDENTIAL CANDIDATE: Come a general election, presidential candidates don't come to places like Mississippi because we're not the battleground states. Well, my view is that every vote matters. That means get rid of the Electoral College and -

(APPLAUSE)

(END VIDEO CLIP)

ROMANS: That was a huge standing ovation by the way. You remember that Hillary Clinton won the popular vote by 3 million, Al Gore won the popular vote but neither of them won the presidency. These are the states including the District of Columbia moving away from the Electoral College. You're going to have more sign up before you can do that. What do you make of that move there?

BADE: A crowd pleaser certainly especially for Democrats. Look, I feel like I'm back in Political Science 101 in college. This is not going anywhere. You know, it's going to get her cheers. Why not say it. But let's be realistic, the Electoral College is here to stay.

[05:35:01] BRIGGS: All the momentum is on the side though. I mean Colorado a very key political state just went there this past week. They are at 181. They just need to get 270. You're right, 90 away, but it's certainly a lot of momentum.

Let's ask about the momentum for Joe Biden. Expects to -- we expect him to get into the field by April. And the CNN reporting is he is trying to secure some big endorsements. Obviously raise money and try to match some of the Beto bucks. But also, there is talk that he could select a VP very early on in this process which begs the question, would he set himself up for short term boost and long term failure if that were the case because Kamala Harris, Kirsten Gillibrand, Amy Klobuchar, seem they'd be the best choice for that if he got the nomination.

BADE: Yes, it looks to be unusual. And you would think that lot of these people who are running are not going to be willing to take themselves out of the race at this point in time to say sure, I'll sign on to be your running mate. So perhaps a little short sighted. But you know what his folks are trying to frame this as is Biden saying, look, we got to look past the primary. We got to look at who can defeat the president and we're looking to reach out and add someone to our team to show that we're serious about this. I think what they are actually getting at is they are trying to sort of rebut criticism depending on who they would choose that he is not progressive enough.

They are talking about - you know, there is talk about Stacey Abrams. He met with her last week, very hardcore progressive. Seen as sort of the superstar. And you know Biden would be the sort of moderate centrist Democrat at a time when all the energy in the Democratic Party is on the far left. So by picking someone like Abrams, he could very well try to push back on that notion that his administration would be too centrist for the current modern day Democratic Party. So I'm speculating that that is more what that is aimed at. But again, yes, it could have problems in the long term.

ROMANS: Meantime on the right yesterday, there was a little bit of nostalgia. You had President Bush at his presidential library presiding over a naturalization ceremony. I don't know because they recovered one of those but they are so moving -

BRIGGS: Remarkable.

ROMANS: I mean this was one of the most important and moving moments --

BRIGGS: And patriotic.

ROMANS: -- of American public life. Listen to what the president said.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, FORMER PRESIDENT OF THE UNITED STATES: America's immigrant history made us who we are. Amid all the complication of policy, may we never forget that immigration is a blessing and a strength.

(END VIDEO CLIP)

ROMANS: Where are the George Bush Republicans in today's Republican Party?

BADE: Not around right now or if they are, they are just not saying anything right now, right? The President Trump has totally changed the party when it comes to immigration. Not just looking at Bush. Think of Paul Ryan. Paul Ryan once upon a time - former Speaker of the House was very pro-immigration. You think of the commerce type of Republicans who see immigration as a good thing and something that can build the economy and boost the economy. But yes, in this day and age, we don't hear a peep from those types of Republicans anymore. They are gone or silent. ROMANS: They are the same kind of Republicans who used to go crazy at the thought of a Democratic president trying to meddle in business. Tell companies where to have their plans or how to make their investments.

BRIGGS: Right.

ROMANS: And that is now the Republican Party -

BRIGGS: Like GM.

ROMANS: -- today just like GM.

BRIGGS: I think you win the prize for best nonverbal answer.

(LAUGHTER)

BRIGGS: That really summed it up.

(LAUGHTER)

BRIGGS: Rachael, thank you very much.

ROMANS: Thanks Rachael.

All right. How they close caption that one on replay, I don't know. Thanks. Nice to see you.

Boeing CEO trying to reassure the flying public after two deadly crashes. All 737 MAX jets grounded worldwide after accidents in Indonesia and Ethiopia that killed nearly 350 people. Boeing Chief Dennis Muilenburg says the company is doing whatever is necessary to ensure the safety of the MAX planes.

(BEGIN VIDEO CLIP)

DENNIS MUILENBURG, BOEING CEO: We're united with our airline customers, international regulators and government authorities in our efforts to support the most recent investigation. Understand the facts of what happened. And help prevent future tragedies.

(END VIDEO CLIP)

ROMANS: The former head of the French agency examining the black boxes from the Ethiopia crash tells CNN that the design of the 737 MAX was, quote, "not satisfactory" since it relies on only one sensor that helps angle the wings. That sensor has been cited as a potential factor in both crashes.

BRIGGS: Vice President Mike Pence heads to Nebraska today to tour flood damage. 74 cities, 65 counties and four tribal areas have declared emergencies in the wake of heavy flooding.

(BEGIN VIDEO CLIP)

GOV. PETE RICKETTS (R), NEBRASKA (via telephone): Yes, this really is the most devastating flooding we've probably ever had in our state's history.

(END VIDEO CLIP)

BRIGGS: Farm animals stuck in flood waters also being rescued. Crews rounding up ponies, donkeys, sheep and even alpacas on air boats.

ROMANS: And Hamburg, Iowa also dealing with intense flooding. A barrier to town had built and reinforced broke filling basements with feet of water. Look at this, a whirlpool in Dodge County as floodwaters broke a road apart. The floods blamed for at least four deaths in two states and it could go from bad to worse as more rain comes to the Midwest. CNN's Stephanie Elam is on the ground in Nebraska.

[05:40:06] STEPHANIE ELAM, CNN CORRESPONDENT: Christine and Dave, this is Winslow, Nebraska and for several days the people who live here in the small town of less than 200 people couldn't even get here to see what it looks like. Now they are able to clear away some of the debris on the roadway, but as you can see, look at the speed limit sign, you can see how high the water still is, how high up it is on these houses. And every one of the houses in this town are surrounded by water. You could see so many things have been pushed away, toys, picnic benches, and even stairs moved far away from the homes that they used to stand next to.

Right now, while they are able to get closer, they still cannot get into their homes and they don't know when they will be able to because there is still so much water in here. And this is just one system where the water is starting to recede wherein others, it is still cresting. So this is just a microcosm. A small picture of what is happening throughout Nebraska with these massive devastating floods. And I talked to one couple that has lived here for several decades -- over 30 years and I asked them if they were going to rebuild and he said we have nowhere else to go, this is where we belong. Dave and Christine.

ROMANS: All right, Stephanie Elam. And we know the farmers in the region have already been hit hard by five years of the slowing farm economy and then tariffs that have really hurt them. And now you have farm bankruptcies already on the rise across the Midwest. But for Nebraska, by one estimate here in "The Wallstreet Journal." It is a million dollars a day ag is losing because of these floods.

BRIGGS: Devastating.

ROMANS: All right. 41 minutes past the hour. Could cameras on airplane seats be recording you? Two senators want to know.

(COMMERCIAL BREAK)

[05:45:48] (BEGIN VIDEO CLIP)

JACINDA ARDERN, NEW ZEALAND PRIME MINISTER: Speak the names of those who were lost rather than the name of the man who took them. He may have sought notoriety, but we in New Zealand will give him nothing. Not even his name. (END VIDEO CLIP)

BRIGGS: The Prime Minister of New Zealand pledging solidarity with all Muslims as her country's parliament convenes for the first time since 50 people were murdered in two mosques. Prime Minister Jacinda Ardern refusing to speak the name of the killer and reiterating her vow to reform New Zealand's gun laws. Let's go live to Christchurch and bring in Ivan Watson tonight. Ivan, remarkable just how fast they are calling for these changes.

IVAN WATSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: That's right. And trying to reassure the public in the wake of the deadliest terror attack in this country's modern history. And it really has impacted people. It is after 10:00 at night and I'm still seeing folks coming up and laying flowers that late on a Tuesday night, walking past here in tears. And if you just -- were going to pan down and just let you see some of the messages that people have written, that children have written, things like rest in love, I'm sorry this world could not keep you safe, you are us, we are one, we stand with our Muslim brothers. People have put candles down, have put stuffed animals for some of the 50 people who were killed and many more injured. Some still fighting for their lives.

The Prime Minister called the key suspect here a criminal, a terrorist and an extremist. And while many people are grieving for the tiny Muslim community that was targeted, just 1 percent of the population here in New Zealand is Muslim, one of the Muslim community leaders told me, you know what, all New Zealanders are traumatized by this. We're all victims because is this a country that is not accustomed to this type of violence, the kind of shooting massacres that unfortunately we have in the States - in the U.S. on almost a monthly basis.

The effort of trying to scrub the images of the killer's shooting spree has been difficult. And for example, Facebook says that in the first 24 hours, it removed some 1.5 million images that the killer had originally uploaded giving you a sense of how viral it had gone. And it says that it only on got the first complaint from a viewer from a Facebook user a full 12 minutes after the suspected terrorist's live stream came down. Dave, Christine.

BRIGGS: The worst of humanity spreading that video, but the best of New Zealand on display behind you. Ivan Watson live for us in Christchurch. Thank you.

ROMANS: And there are a lot of questions about Facebook and YouTube and other for how long that was allowed to stay up there. You know one of the big criticisms I keep hearing is this is -- these are some of the richest engineers in the world with artificial intelligence and human monitors. They can right away be targeting me with ads for going to Disney if I even do a Google search, right? But they can't find something that is actual murder and keep it off. You know what I mean? If they want to -

BRIGGS: It spread like a wildfire.

ROMANS: -- they can know exactly what you are seeing.

BRIGGS: It's a big responsibility ahead -

ROMANS: It is.

BRIGGS: -- for all the tech community.

All right. 49 minutes past the hour. Let's get a check of CNN Business this morning. President Trump's weekend Twitter tirade against GM continued Monday.

The president going after GM again, saying, "Close a plant in China or Mexico, where you invested so heavily pre-Trump but not in the U.S.A. Bring jobs home!"

The president casting around for blame for GM closing plants in the U.S. Even calling out the local union president a guy named David Green. CNN Business spoke to Green near the Shuttered Lordstown plant.

(BEGIN VIDEO CLIP)

DAVID GREEN, PRESIDENT UAW LOCAL 1112: A lot of people hear about reform. You know he came here. And he told folks don't sell your house. Those jobs are coming back.

(END VIDEO CLIP)

ROMANS: Now, GM has said that the union and the company will decide the future of what GM calls unallocated plants. And Green, the union rep, said you know many of GM employees who worked the Lordstown plant are frustrated.

(BEGIN VIDEO CLIP)

GREEN: There are some opportunities to transfer. But not everybody can do that. Some people you know are taking care of an elderly parent or have children with special needs. And so they can't just pack up and leave. Well they are not sure if they should.

(END VIDEO CLIP)

[05:50:02] ROMANS: Beto O'Rourke then makes an unannounced stop at a union hall near the closed plant. He said workers there feel forgotten.

(BEGIN VIDEO CLIP)

BETO O'ROURKE (D), PRESIDENTIAL CANDIDATE: You see a homemade sign that says bring the GM plant back. To me that speaks of a level of frustration and desperation. A community that has hosted the success of one of the world's biggest corporations that has been left behind by that corporation.

(END VIDEO CLIP) ROMANS: Now that Lordstown plant there where O'Rourke was, that is a political symbol for this president. He vowed to autoworkers that his policies would keep their jobs in America. Trumbull County flipped by 29 points from Dem to Trump in 2016.

All right. Global stocks are mixed this morning. Take a look around the world, there you can see that on Wall Street futures are moving a little higher here right now. Adding on to gains from yesterday, a 65 point gain yesterday. The S&P 500, the Nasdaq also closed higher. The S&P is now at a five month high.

All right. We'll be right back.

(COMMERCIAL BREAK)

[05:55:031] BRIGGS: The Trump administration wants to put a limit on student loan borrowing. Right now, graduate students and parents of undergraduates face no limits. The administration is not saying what its proposed limit would be. Undergraduates students to face a limit already, they can borrow up to $57,500 from the federal government. 43 million borrowers from -- have more than $1.4 trillion of current student loan debt.

ROMANS: Yes. And they call it this gen - this millennial generation, generation debt because --

BRIGGS: Debt bomb.

ROMANS: All right. USC is blocking students who may be connected to the college admissions scandal from registering for classes while the school investigates. The university is now saying how many students are affected but says they have been notified their status is under review. Ultimately, USC could revoke their admission or expel them. Now the university had announced that applicants tied to the alleged cheating scheme will be denied admission.

BRIGGS: Live pictures here of black smoke still rising from a fire at a petrochemical plant in suburban Houston and has burned since Sunday. Fire officials say it could take until Wednesday to extinguish the flames and tanks filled with gas, oil and chemicals. They hope once the fire is contained, they can close the tank valves and the fire will put itself out. Air quality in Deer Park and surrounding communities remains normal. Schools and businesses are set to reopen today.

ROMANS: A crackdown on so-called ghost guns in New Jersey. The attorney general announcing the first criminal charges for illegally trafficking these weapons. Ghost guns are assembled from kits purchased online. They are untraceable, no registration, no serial numbers. Four men were charged as part of a wider takedown of a suspected drug dealing network in and around Camden County. New Jersey Governor Phil Murphy signed a bill outlawing those guns in November.

BRIGGS: Could cameras on airplane seats be recording you? A bipartisan pair of senators want answers to that question. Democrat Jeff Merkley of Oregon and Republican John Kennedy of Louisiana have written to several airlines demanding they clarify how these cameras are used. Tech experts suggest the cameras could be hacked. The senators say the notion that in-flight cameras may monitor passengers while they sleep, eat or have private conversations is troubling. All the airlines contacted by CNN say the cameras are not in use.

ROMANS: All right. While you were probably holiday shopping last December 18th, unbeknownst to nearly all of us, a giant space rock exploded 16 miles above the earth. It had ten times the energy of Hiroshima atomic bomb. And NASA calls these fireballs. The super meteor vaporized last December. It was the second most powerful in 30 years. NASA's [] Johnson has the awesome title of planetary defense officer. He tells the BBC fireballs this powerful only happen a few times each century.

BRIGGS: And this is not the kind of bracket bust the ESPN had in mind. The network apologizing after it accidently aired brackets for the women's basketball tournament hours before the scheduled release. You can see them on the right side of the screen midday Monday. ESPN says in the midst of our preparation the bracket was mistakenly posted on ESPNU. We deeply regret the error and extend our apologies to the NCAA and the women's basketball community. The incident play basketball tournament for the women begins Friday, Top Seed, Bailer, Mississippi state, Norte Dame and Louisville and the men's tournament technically begins tonight through TV 6:40 and 9:10.

ROMANS: All right. American productivity about to --

BRIGGS: About to dip.

ROMANS: Thanks for joining us. I'm Christine Romans.

BRIGGS: I'm Dave Briggs. Here is "New Day." See you tomorrow.

[05:59:12] UNIDENTIFIED MALE: There is something unseemly. The very person who might be the subject of derogatory information is in the position to decide what becomes public.

UNIDENTIFIED FEMALE: This could be a flash point that sets up a political battle over this hotly anticipated document.

UNIDENTIFIED MALE: I will admit to providing as much information as I can consistent with the regulations.

UNIDENTIFIED FEMALE: He spent his weekend obsessing over great men because he knows that he will never be a great man.

UNIDENTIFIED MALE: George Conway raises a valid point. This is a very troubled man.

UNIDENTIFIED FEMALE: No, I don't share those concerns.

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

JOHN BERMAN, CNN ANCHOR: Welcome to our viewers in the United States and all around the world. This is NEW DAY. It is Tuesday, March 19, 6:00 here in New York. Alisyn is off. Erica Hill back with me for a second round go round today.

ERICA HILL, CNN ANCHOR: I couldn't say no to this. It's a bond. We got a big day. First on CNN, the White House wants to get the Mueller report before you do.