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NEW DAY SATURDAY

Missing Maui Yoga Instructor Found Alive In Hawaii Forest; Trump Arrives In Tokyo For Largely Ceremonial State Visit; Trump Bypasses Congress To Speed Up Arms Sales To Middle East Allies; Man Who Kidnapped Jayme Closs Sentenced To Die In Prison; Celebrity Chef Mario Batali Accused Of Assault, Battery; Harvey Weinstein Reaches $44M Settlement Over Alleged Misconduct; Investigators Don't Believe 4-Year-Old Maleah Davis Is Alive; More Than 40 Million Under Severe Weather Threat This Weekend; Trump: I'll Decide After Trials If I Pardon Accused War Criminals; Jeopardy Champion Does It Again. Aired 7-8a ET

Aired May 25, 2019 - 07:00   ET

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


(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

[07:00:00] DONALD TRUMP, PRESIDENT OF THE UNITED STATES: The United States and Japan are hard at work negotiating a bilateral trade which will benefit both of our countries.

UNIDENTIFIED MALE: Trump's arrival launches a four-day state visit to Japan.

TRUMP: We want to have protection in the Middle East. We're going to sending a relatively small number of troops.

UNIDENTIFIED FEMALE: There listen fighter jets, send addition patriot missiles and intelligence surveillance and reconnaissance aircraft.

UNIDENTIFIED MALE: Amanda Eller has been found has been found, and has been found alive. Thank the lord because this is an answer.

(END VIDEO CLIP)

VICTOR BLACKWELL, CNN ANCHOR: Good Saturday morning to you. I'm Victor Blackwell.

JESSICA DEAN, CNN ANCHOR: Hi everyone, I'm Jessica Dean in for Christi Paul.

BLACKWELL: Breaking overnight, Amanda Eller, a 35-year-old yoga instructor who was last seen in Maui more than two weeks ago has been found alive. The Find Amanda Facebook page made the announcement overnight.

DEAN: This is roughly where Amanda was found. The page says she was located deep in a ravine between two water falls. Amanda had been missing since May 8th, after going for a hike in a Maui forest reserve. Now, according to Facebook post, this picture was taken just moments after she was found by a rescue team.

BLACKWELL: On the phone with us, one of those rescuers, Javier Cantellops, he was the man who led the team in Hawaii. Javier, good morning to you. Good to have good news to speak with someone about. Tell us about the story of how you all found Amanda.

JAVIER CANTELLOPS, RESCUER: Aloha, everybody. What's happening America?

BLACKWELL: We are good. I know you're feeling good. Tell us the story.

CANTELLOPS: You know, we'd been searching for Amanda for 16 days. I think, you know, the whole world has been watching and keeping up with it. And basically, the story had been that today, the plan was -- we were going to do a little reconnaissance. I've been leading this team with Chris (INAUDIBLE). We had my hunt team leader out. And the area we were going to push, a pretty far east of where we'd been searching, you know. So, we decided to take one last helicopter out, and look at the terrain that we're covering this Saturday and Sunday, and we're going to be putting (INAUDIBLE), and we're going to be really pushing --

DEAN: Did we lose Javier there?

BLACKWELL: Yep. All right, maybe we get Javier back up. But the good news -- all right.

DEAN: We can actually listen to her mother, who we heard from last night. Let's hear what she had to say.

(BEGIN VIDEO CLIP)

JULIA ELLER, MOTHER OF AMANDA ELLER: Oh, I was crying with tears of joy, you know. I'm so incredibly grateful to have my girl home. She has some, a fracture on her leg, and she's got some things to contend with on her ankles, like, I'm not sure what you would call it. It needs some treatment. But overall, you know, all her blood work was good. And you know, the fracture she had been working herself. She's a physical therapist by training. So, apparently, those healing touches had done her well.

(END VIDEO CLIP)

BLACKWELL: Good news for Amanda and her family. Unfortunately, oh, we've Javier back. Javier?

CANTELLOPS: Sorry.

DEAN: There he is.

BLACKWELL: Continue with your story. Good.

CANTELLOPS: So, we were pushing really far-east in a helicopter, trying to do a little reconnaissance of the rough terrain that we were going to be facing, you know, this upcoming weekend. And sure enough, but we pushed down to an area called (INAUDIBLE) and then we were going to come off. That's how, you know, that's a very popular local area here in Maui. But that's all the way at the bottom. We were going to push up 3.5 miles up. So, let's shoot up. So, we start flying the helicopter, and you know, we're in an open air helicopter, no doors, and we're all hanging out. And we're going up this one particular goal -- right now, seven miles east of where her car was found.

But if you walked it, it'd be more like 25 miles just because of the up and down terrain. We were flying -- we're flying up this ravine, and as we're looking down, man we're passing a water fall in going up and the river continues up. And we're passing a waterfall and the river continues up. And we're all looking around it. At the same time, we all look to our right, and it's like a movie, man, like a double take. We all look to our right and we're like: oh, look at that hiker. And out of the woodwork, you see Amanda Eller, my friend, coming out, waving her hands. We're about 200 feet up, 250 feet up the canopy. So, it was unbelievable. We all, of course, lose it.

[07:05:07 DEAN: Javier, you knew Amanda. You've know Amanda. And you also said, you never gave up hope that she was out there, that she was taking care of herself and that you guys were going to find her, right?

CANTELLOPS: That's right. I have been relentlessly persistent. Speculation aside, and letting my mind go down the rabbit hole of what could have possibly happened, I wouldn't know. This is it. This is it. Only evidence is that she's still in here. The only reason that we haven't found her is because she's still walking down that forest. She's going the wrong way. We've just got to keep going deeper.

DEAN: You know, what is it about her that you knew she was going to be OK. What about her?

CANTELLOPS: Amanda, she's a physical therapist, she's a yoga instructor. And those two things together tied with her knowledge of the local vegetation there, plenty of water. Our beautiful, tropical climate, I'm like she can make it. I'm like, she'd still be alive. We've found her -- we would've smelled her; we'd found some kind of sign. An abduction here at (INAUDIBLE) at 11:30 in the morning on Wednesday? Come on, guys. Come on.

BLACKWELL: It's an amazing story. After more than two weeks to be up there, we see, you know, the reports are she's lost about 15 pounds, she has an issue with her leg. But overall, doing well; and we see in this picture, still smiling. Javier Cantellops, thank you so much for sharing the story with us.

CANTELLOPS: No, thank you guys so much. And thank you to everyone out there in the world who had been supporting us all the way across the country. Down here in this tiny island, I tell you what, the Eller family and all of us have been working to find Amanda. We appreciate it and we can't say thank you enough. (INAUDIBLE), this is Javier, thank you so much.

DEAN: Thanks, Javier. CANTELLOPS: Aloha.

DEAN: President Trump landed in Japan overnight for once being billed as mostly a ceremonial state visit. He's planning to play golf with the prime minister, attend a sumo wrestling match and become the first foreign leader to meet Japan's new emperor.

BLACKWELL: But it's happening while the U.S. and Japan are in a middle of a trade negotiation. And the trade war with China is rattling the markets. And the president's book to business leaders at the home of the U.S. ambassador, he took a shot at the fed, reminded his host of the trade imbalance with U.S. and urged Japan's business leaders to invest in American businesses. The Japanese prime minister has closely embraced President Trump since before he was even inaugurated.

DEAN: And now that U.S. relationships in Asia are shifting, that close relationship could finally pay off for Abe. Here's CNN Senior International Correspondent Ivan Watson.

(BEGIN VIDEOTAPE)

IVAN WATSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: On the first lady's birthday last month, the U.S. President welcomes Shinzo Abe to celebrate at the White House.

TRUMP: Mr. Prime Minister, you see, my friend --

WATSON: Before they parted for dinner and cake, Japan's prime minister invites Trump to Tokyo, to be honored as the first official guest to meet a newly crowned emperor.

TRUMP: And I said, gee, I don't know if I can make it. Let me ask you a question, how big is that event compared to the Super Bowl for the Japanese? And the prime minister said it's about 100 times bigger. I said, I'll be there; if that's the case, I'll be there.

WATSON: Making good on his promise this weekend, Trump's arrival launches a four-day state visit to Japan -- an honored meeting with the imperial couple is one of several events in that carefully tailor- made schedule. It appears to follows a tradition of what's been called Abe's charm offensive as U.S. policy in Asia grows more problematic. On his first full day in Japan, the two leaders plan to play a round of golf, now known as a corner stone of their diplomacy. Abe once even gifting Trump custom gold-plated golf clubs.

After the green, Trump heads to a sumo wrestling match where he'll have a chance to present a Trump cup to the winner. It's to be followed by a dinner where the meat will be prepared just the way the president likes -- probably well done, maybe even with a side of catsup. On his previous trip, Trump enjoyed similarly familiar fare, when he and Abe sat down to eat an American-style hamburger. The VIP treatment has led to speculation of a calculated effort to court Trump's favor as deeper policy issues loom.

TRUMP: Japan sends us millions and millions of cars and we tax them virtually not at all.

WATSON: After threats of damaging auto tariffs, Abe and Trump are in the midst of bilateral trade negotiations as one of Japan's largest export markets. The U.S. is a partner Japan cannot afford to lose as its economy slows. But Japan may find leverage after a dramatic failure of U.S. trade talks with China this month. Of matters of security, North Korea's presumption of missile testing has rattled many in nearby Japan, who rely on defensive support from their U.S. ally. Trump's inability to strike a deal with Kim Jong-un during his last meeting and stalled talks with South Korea, having some ways left Japan in the cross hairs. Although officials have said this weekend's trip is largely ceremonial, matters of trade and national security could penetrate warm welcomes as Japan's relationship with the U.S. becomes ever more relevant. Ivan Watson, CNN, Tokyo.

(END VIDEOTAPE)

[07:10:39] DEAN: Meantime, President Trump is approving the sale of billions of dollars-worth of weapons to Saudi Arabia, UAE and Jordan. But to push through the $8.1 billion sale, the president is using a rarely used federal law to bypass Congress. His actions come on the same day he approved sending 1500 troops to the Middle East to deter Iran. A U.S. official tells CNN many of them will be engineers to support patriot missile batteries and (INAUDIBLE) aircraft.

BLACKWELL: All right, joining us now to discuss: CNN Legal Analyst Shan Wu, Defense Attorney and former Federal Prosecutor. Shan, welcome back.

SHAN WU, CNN LEGAL ANALYST: Good to see you.

BLACKWELL: So, you pointed out to producers that President Trump is not the first president to use this clause for an emergency sale. President Reagan, both Bushes, but you point out the context here and from this president makes this different. Why?

WU: Absolutely. Because it's not necessarily an illegal act that he's doing, but when you put it in the context, it is very alarming. Because part of his overall approach and tone towards Congress, which is to be dismissive of their role. I mean, he really believes that the president is the only branch of the government. And so, those other presidents who use this, both Bushes used it in the Middle East as well. They did not display that really kind of a contemptuous attitude towards congress, and this really just adds to this growing division, this growing -- I personally don't think we're at a constitutional crisis state yet, but really it adds this growing problem where he's seeking to go around congress or outright ignore them.

BLACKWELL: Is there any recourse for Congress?

WU: At this point, I think the only recourse they could have directly on this fall is somebody could attempt to challenge the constitutionality and the provision. I think that's a long road to hoe. BLACKWELL: OK. Let me switch to the decision on the national

emergency to pay for president's border wall. A judge has determined that the president cannot use Department of Defense funds for this. Why the separation there for just the DOD funds, not the treasury forfeiture funds. Explain that decision.

WU: Well, most of the judiciary is going to focus very narrowly on the issue before them. So, they focus specifically on the allegation of these funds. More broadly, this has been a bad week, legally, for the president as his legal team continues to suffer defeat after defeat in the courts. And relating to the last story, I think as part of his attitude that he can do what he wants in terms of funding, he can declare an emergency when he thinks there's an emergency. He doesn't need Congress to agree with him. But as he does see these issues come out, play out in courts, he is finding that the legal strategy appears to be reckless and weak because they are going to keep losing.

BLACKWELL: Yes, the judge said this comes down to a separation of powers. And you'll remember back in February when the president announced from the rose garden this national emergency, there was that sing-songy prediction, you know, we'll get a bad ruling, and then we'll go to the Ninth Circuit, and then I don't want to do the whole thing because it went on for more than a minute. But the president suggested that by the time this reaches the Supreme Court, they'll win. Is there enough gray area here? This judge made it seem it's very clear and very simple that this is within Congress' purview, what do you think?

WU: I think the judge has a right. I don't think there's much gray area. I think the gray area for the president or to him it's not a gray, he always believes that the Supreme Court is going to save him. He thinks of it, I think, as his court, he thinks he is packing it with his people. And that probably stems from his mentor's view, Roy Cohn, who thought what was famous for saying don't tell me about the law, tell me who the judge is. I don't think that's going to work here. These are not your Roy Cohn type judges and life tenure. He has a tendency to dilute people's political debts.

BLACKWELL: OK. We'll see the next chapter of this. Shan Wu, thanks so much. Still to come, the harsh words a judge had before he sentenced the man who abducted Jayme Closs and killed her parents. We'll have that for you, next.

DEAN: Plus, this holiday weekend, more than 40 million people from the central plains to the great lakes are under severe weather threat.

BLACKWELL: And two men in Louisiana tried to jump their car over an open drawbridge, you know, like in the movies. Well, we'll see what happened at the end of their stunt.

(BEGIN VIDEO CLIP)

[07:15:08] UNIDENTIFIED MALE: That guardrail was down for a reason. I'm not sure what they were thinking. And of course, we can't do what's portrayed in movies. (COMMERCIAL BREAK)

BLACKWELL: Jake Patterson, the 21-year-old man who kidnapped Jayme Closs and killed her parents has been sentenced to life imprison without parole. Now, the judge told Patterson, he is one of the most dangerous men to walk this planet.

DEAN: But before making his decision, the judge heard from Jayme Closs through a statement read by her attorney. CNN Correspondent Jean Casarez has more.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: You took so much from Jayme. You took her parents, her hope, childhood and all of her happiness.

JEAN CASAREZ, CNN CORRESPONDENT: A packed court room in Barron, Wisconsin listened as family members of Jayme Closs told the court how her kidnapping and the brutal murder of her parents devastated their family.

MIKE CLOSS, JAYME'S UNCLE: My wife came down screaming. Brother's dead. Denise is dead, and they can't find Jayme.

CASAREZ: The 21-year-old man who pleaded guilty to the entire attack, Jake Patterson, listened as they relived the horrifying experience. Jayme, not in the courtroom has prepared a statement for the man who took her parent's lives.

CHRIS GRAMSTRUP, ATTORNEY FOR JAYME CLOSS: My parents, my home were the most important things in my life. He took them away from me in a way that will leave me with a horrifying memory.

CASAREZ: Patterson then spoke through tears.

JAKE PATTERSON, JAYME'S KIDNAPPER: I would do, like, absolutely anything to take back what I did. I would die.

CASAREZ: Then it was Circuit Judge Babler who had the last word before sentencing him to life in prison without the possibility of release.

JAMES BABLER, BARRON COUNTY CIRCUIT COURT: These crimes rank as the most heinous and dangerous that I have seen.

CASAREZ: It was an early Monday morning, last October, James and Denise Closs were asleep. But their only child, Jayme, woke up. Her dog was barking. Jayme, later telling police, she alerted parents that someone was at the door, armed with a shotgun. The masked assailant shot and killed Jayme's father at the front door. Denise Closs called 911. She and Jayme hid in a bathroom where Patterson found them. He bound Jayme and fatally shot her mother.

[07:20:27] Weeks before, Patterson had seen Jayme get onto the school bus from her home. He later told police when he saw Jayme, he knew that was the girl he was going to take. Patterson then dragged Jayme from the bloody scene, put her in the trunk of his car and held her captive at his remote cabin in the northern woods of Wisconsin. A massive search began. Everyone trying to find Jayme.

UNIDENTIFIED MALE: I believe she is still out there and the hope is what we're riding on.

CASAREZ: 88 days later, she had the courage and ability to escape when Patterson left the cabin for a few hours. With no coat in the frigid temperatures, she bumped into a local resident walking her dog.

UNIDENTIFIED FEMALE: She fell into me and said, I'm Jayme, and I said, I know.

CASAREZ: The community rejoiced. Patterson was apprehended; charges were brought.

UNIDENTIFIED FEMALE: He is currently being held on two counts of first-degree intentional homicide for the murder of Jayme's parents and one count of kidnapping.

CASAREZ: As Jayme remained in seclusion with her family. Finally, this month, she appeared before the Wisconsin legislature accepting the home town hero award.

UNIDENTIFIED FEMALE: Her courage, bravery and her spirit are things that inspire us and make us stronger and better.

CASAREZ: Jayme's family says the sentencing hearing was very important for her. That she has come a long way since January, but there is a lot left to do. Jean Casarez, CNN, Barron, Wisconsin.

(END VIDEO CLIP)

DEAM: Joining me now for this week's legal brief is Criminal Defense Attorney Janet Johnson. Janet, thanks so much for being with me this morning.

JANET JOHNSON, CRIMINAL DEFENSE ATTORNEY: Thanks, Jessica.

DEAN: Well, let's start with the case out of Colorado, Patrick Frazee pleaded guilty to charges that he beat to death, his fiance, the mother of his child. People are wondering if prosecutors are going to seek the death penalty in this case. What are you seeing?

JOHNSON: They have nine weeks to decide. You know, I think this is a period, as a defense attorney where there's probably a lot of discussion going on about whether he just pleads right off the bat and they waive the death penalty and you sentenced to life. That's sometimes the discussion that goes on. There's also discussion with the family, the remaining family, as to whether or not they want the death penalty. I would say that when in doubt, they're going to file for the death penalty and then maybe use that as a negotiating tool down the road.

DEAN: And another that, you know, kind of interesting about this case, is that there's no body right now. JOHNSON: Right.

DEAN: They have not been able to find the body of Kelsey Berreth. How do they prosecute this case without that?

JOHNSON: Right, and we've seen that in cases before. In this case, they're actually alleging that Frazee burned and destroyed the body after he murdered her. So, if there was a trial, prosecutor would have to tread lightly, but they could argue, you know, you look to the state, to the government for evidence. The reason we don't have this evidence is because that man destroyed it, and that showed consciousness of guilt and it basically is an element that he shouldn't get the benefit because he destroyed the body. It would be a very tough argument because the burden is entirely on the state. But that's what they're alleging and I think that would be a pretty effective argument in trial.

DEAN: All right. So, that trial now set for October 28. Let's move now to Celebrity Chef, Mario Batali. We saw him in court this week where he pleaded not guilty to a criminal indecent assault after a woman reported he groped and forcibly kissed her in 2017. Now, he's also being sued by this victim. So, how does that lawsuit then affect this case?

JOHNSON: You know, I would imagine the prosecutors are not thrilled with that part of this case, because it gives her a motive to basically make up a story. And Batali's lawyers, if this goes to trial will certainly say to her on the stand, look, you're trying to get money from this person. So, you have a motive of bias against him. I think that's a tough argument to overcome. So, maybe it settles before that, and maybe it resolves everything, but I think that's a little bit of bias that they could argue.

DEAN: All right. So, he's obviously denied those charges. Let's move on to Harvey Weinstein. Back in the legal spotlight, his team now has reached a $44 million settlement to resolve these civil lawsuits regarding his alleged sexual misconduct. How does this impact that criminal case against him? Could it be viewed as an admission of guilt that he's settling?

JOHNSON: Right. It won't. The short answer is, it won't. He still faces these criminal charges. It can't be used as admission. Now, if he was ever deposed, if the case went forward. We saw this in Bill Cosby. If he made any statements, those could be used against him at criminal case, but if he settles, it would be without any admissions; it would actually be covered by his insurance. So, it wouldn't come into the criminal case, but if he doesn't settle, it could hurt him.

[07:25:15] DEAN: Yes, that makes sense. And you mentioned that insurance money, I think it is interesting and important to point out that these are insurance funds that will paid in the settlement.

JOHNSON: Right. Exactly. And the victims are objecting to that, because it doesn't hurt him personally. You know, any insurance policy -- they actually set it up, so that if he sexually assaulted or if there was any wrong doing on the part of the directors of the corporation, that it would be covered by insurance, which, you know, the victims have a reason to object to that because it doesn't teach anyone anything about future behavior.

DEAN: All right. Janet Johnson, we're going to leave it at that this morning. Thanks so much.

JOHNSON: Thanks for having me.

BLACKWELL: It has been four weeks now since or several weeks since 4- year-old Maleah Davis was last seen. And now, investigators don't believe they will find her alive. The reward in her case is now $20,000, that's in addition to the $10,000 offered by the family. The chief said they will continue to work hard to bring a body home for proper burial. Derion Vence was arrested in connection to her disappearance on suspicion of tampering with a human corpse. Vence told police that three Hispanic men knocked him unconscious and abducted Maleah earlier this month. The court document shows substantial likelihood he will be charged with murder.

DEAN: More wind, rain, hail and even tornadoes are possible after days of damaging storms slammed Oklahoma. This holiday weekend, more than 40 million people from the central plains to the great lakes are under severe weather threats.

BLACKWELL: Plus, a federal judge blocked Mississippi's new abortion law saying it prevents a woman's free choice.

(COMMERCIAL BREAK)

[07:30:32] JESSICA DEAN, CNN ANCHOR: Officials in Oklahoma say, at least two people have died after a week of severe weather slammed that state. Another round of severe storms are expected this weekend.

More than 40 million people are under severe weather threat. That threat extending all the way from the central plains to the great lakes.

VICTOR BLACKWELL, CNN ANCHOR: Now, look at this video from earlier this week. Two homes hanging over the water in Oklahoma, after floodwaters wiped out the ground underneath them. Now, officials say, more than 10 inches of heavy rain has led to widespread flooding there, and has impacted, at least, a thousand homes.

The governor of Oklahoma has issued a state of emergency for all 77 counties.

DEAN: CNN national correspondent Omar Jimenez, joins us now from Tulsa. Omar, what are you seeing on the ground?

OMAR JIMENEZ, CNN NATIONAL CORRESPONDENT: Yes, look, this is the scene that many people are waking up to today. A lot more water than they anticipated in some cases and it has been a familiar scene over the course of this week. Just to give you an example, two days ago, our crews were able to drive through this exact location here at the River Spirit Casino with no problem and with no water. As you can see, it's been a big change since then. State emergency operation center remain activated as people across Oklahoma are grappling with the realities of this flooding, some in ways they never even imagined.

(BEGIN VIDEOTAPE)

JIMENEZ: All Kent Bruce could do was stare. Knee deep in water, his home flooded.

KENT BRUCE, RESIDENT OF OKLAHOMA: I knew it was here, so -- I'm just speechless right now.

JIMENEZ: It's a familiar feeling for all too many across the plains in Midwest, many place is still recovering on the tail end of what's been a week that's brought deadly tornadoes, heavy rain, and life- saving water rescues.

LT. COL. ADAM WEECE, PUBLIC AFFAIRS OFFICER, UNITED STATES ARMY CORPS OF ENGINEERS: It's important for us to maintain this series of dams because the water continues to flow in.

JIMENEZ: Lt. Col. Adam Weece is with the U.S. Army Corps of Engineers. And over the course of days, they've slowly had to increase the amount of water they released from the Tulsa area Keystone Dam to near historic levels, just to keep up with the high water.

WEECE: Keystone Dam, which has been the focus (INAUDIBLE) most of the time is has a release rate of approximately 250,000 cubic feet per second. Now, if you do the math, it equates to approximately 1,000 school buses per second, going through the dam.

JIMENEZ: Across the Tulsa area, more than 1,000 residents have been impacted by flooding, so far.

KAREN KEITH, COMMISSIONER, TULSA COUNTY: Please, please, pay attention. Because the weather can be fickle, as can the river. And obviously, we're watching the levees very closely.

JIMENEZ: It's advice that applies across the state. The governor declaring a state of emergency for all 77 counties in Oklahoma. Just north of Oklahoma City, these homes are barely hanging on after flooding eroded the ground beneath them. And in Tulsa, this riverside neighborhood is now very much part of the river.

ANA HALL, RESIDENT OF TULSA: I walked to the end of the street and they're not -- that everything is underwater and I couldn't -- I wasn't going to go wading through, because I didn't know what I might step on.

JIMENEZ: The risks are still very real.

WEECE: Even though the rain has stopped here, water that is falling north of us that's falling upstream is continue to gather, and continuing to funnel towards the areas here.

JIMENEZ: Which means more people could be affected and more homes like Bruce's.

Where do you go from here?

BRUCE: Probably, the higher ground.

(END VIDEOTAPE)

JIMENEZ: Now, the outlook for today is sunny which is good news in some ways but the sunlight can be deceptive because as the U.S. Army Corps of Engineers explained, whatever happens upstream, since there are a lot of rivers and tributaries that feed into the Arkansas River here, it creates literally a ripple effect down to this area. Not to mention we are expected to see some rain into the overnight hours as well. Back to you.

DEAN: Omar Jimenez for us, thanks so much.

A decorated Navy SEAL accused of brutally murdering a captive unarmed ISIS fighter. President Trump is weighing whether he should step in. We've got more on that ahead.

BLACKWELL: Plus, a tragic reminder to leave the stunts to the professionals. Two men in Louisiana are dead after trying to jump the car over an open draw bridge.

(COMMERCIAL BREAK)

[07:38:24] BLACKWELL: Welcome back. I'm Victor Blackwell.

DEAN: Good morning. I'm Jessica Dean, in for Christy Paul. Let's take a look at other stories making headlines at this hour. At least 13 people were hurt when a bomb went off in Lyon, France on Friday. That happened at a popular shopping area. A 10-year-old child was among the injured. French investigators say they found screws and ball bearings at the scene as well as batteries and a circuit board. They also have video of the suspect dropping a paper bag at the scene.

Police tweeted this photo of the man they believe is involved, and they're now asking for the public's help with any information.

BLACKWELL: A federal judge has blocked Mississippi's law, banning abortions after a fetal heartbeat is detected that can be as early as six weeks into a pregnancy.

In his decision, the judge said, the law prevents a woman's free choice which he wrote is central to personal dignity and autonomy. Now the ban would have taken effect in July. It's among several laws recently introduced byRepublican-led states in an effort to challenge Roe v. Wade.

DEAN: Two men are dead after trying to jump their car over an open draw bridge. Louisiana State Police say the driver pulled up to the bridge while it was closed due to a passing boat. A witness told police that's when the passenger got out and lifted the gate to the car to pass underneath. They've been trying to reverse and accelerate to race up the ramp. But the airborne car landed in the water and sank. Investigators are working to determine whether alcohol or drugs were a factor.

BLACKWELL: A Navy SEAL is accused of murdering an ISIS fighter and his case has the military community divided in some ways. We'll have more on that.

[07:39:59] DEAN: Plus, the dramatic story of how a hiker missing for more than two weeks was rescued in the Maui Forest. We spoke to the man who led the rescue efforts to save Amanda Eller and we'll have a full report for you. That's coming up next.

(COMMERCIAL BREAK)

BLACKWELL: Well, President Trump, says he will wait to decide on presidential pardons of alleged U.S. war criminals until after the trials. The president was criticized after saying that he was considering pardons before anyone was convicted. Now, one of those cases is that of Navy SEAL chief Eddie Gallagher.

DEAN: Gallagher is accused of premeditated murder, stabbing a captured ISIS fighter to death. But many say he's innocent, including a congressman who says he has video proving Gallagher's innocence. CNN's Nick Watt and has more.

(BEGIN VIDEOTAPE)

EDDIE GALLAGHER, FORMER CHIEF OF NAVY SEAL: I'm innocent. I love you.

NICK WATT, CNN CORRESPONDENT: SEAL Chief Eddie Gallagher, war hero, held in shackles unfairly or war criminal, premeditated murderer, facing the punishment he deserves?

[07:45:05] DONALD TRUMP, PRESIDENT OF THE UNITED STATES: You know we teach him how to be great fighters, and then, when they fight sometimes, they get really treated very unfairly.

WATT: President Trump was reportedly considering a pretrial Memorial Day pardon for Gallagher. Today, he backed down just a little.

TRUMP: It's a little bit controversial. It's very possible that I'll let the trials go on and I'll make my decision after the trial.

WATT: Gallagher's court-martial is scheduled to begin June 10th. Prosecutors say in 2017, while stationed in Mosul, he shot civilians and stabbed a wounded ISIS fighter to death, took a photo with the corpse, sent it to friends.

In an almost unheard-of move, members of his own platoon went around commanders turned him in. Gallagher denies all wrong doing.

So, how do you explain the text that he sent, the messages sent to people, I got this one with my hunting knife, I got my knife skills on, how do you explain that? TIM PARLATORE, ATTORNEY TO EDDIE GALLAGHER: That's a joke.

WATT: What do you mean?

PARLATORE: It's a joke.

WATT: Like a funny joke?

PARLATORE: Well, two guys in the SEAL Teams? Yes, it's dark humor.

UNIDENTIFIED MALE: Imagine what a modern-day war hero would be? It'd be Eddie.

WATT: Some suggest the president is feeling pressure to pardon from the T.V. hosts, supporters, perhaps, even his own lawyer. All of whom have rallied around this Navy SEAL.

PETE HEGSETH, HOST, FOX NEWS CHANNEL: Including the murder of an ISIS dirt bag.

WATT: Fox News host Pete Hegseth has been publicly banging the drum.

HEGSETH: Your message to army leadership -- you know, Navy leadership, to the president, to those that have the power to review this case.

UNIDENTIFIED FEMALE: Well, something needs to be done, this has to stop.

WATT: A person familiar with the conversation tell CNN, Hegseth also privately petitioned the president to issue a pardon.

PARLATORE: I didn't ask him. And if he's -- if he's doing that, I don't have a problem with it.

WATT: Tim Parlatore, Gallagher's lead attorney has also represented Hegseth.

He was nothing to do with you getting involved in this case.

PARLATORE: No, he was not. No, I was recommended this -- to this case by Commissioner Kerik.

WATT: Commissioner Kerik is Bernie Kerik, Trump acolyte, Fox News guest, former top cop in New York City and convicted tax evader. A source tells CNN, Kerik also recruited Marc Mukasey to the case. He is a Trump organization attorney, currently fighting congressional subpoenas for the president's financial records.

UNIDENTIFIED MALE: How is that not a conflict of interests?

PARLATORE: Do you want to make a motion on that?

WATT: Gallagher's wife who's been campaigning on Capitol Hill for help, says she didn't know about Kerik and Mukasey's connections to trouble when they joined the defense. ANDREA GALLAGHER, WIFE OF EDDIE GALLAGHER: Had it nothing to do with presidential intervention or pardons, it is coincidental at most.

Free Eddie.

E. GALLAGHER: See you, guys.

WATT: Gallagher's lawyer claims none of these people have spoken to the president about the case.

PARLATORE: If the president chooses to act, it will be on his own. We have no -- we haven't had any communications.

WATT: But, we know the president watches Fox where Gallagher has been defended repeatedly.

REP. RALPH NORMAN (R), SOUTH CAROLINA: They've got him in, in with rapists, they've got him in with pedophiles.

WATT: Shortly, after that comment, the president tweeted, "Eddie Gallagher will soon be moved to less restrictive confinement," tagging "Fox and Friends". Gallagher was moved hours later, now, Trump's considering a pardon.

UNIDENTIFIED FEMALE: In order for president to do that, we want them to have had a considered review to go through factors. We don't want a president to just turn on the T.V., think something's a good idea.

WATT: Eddie Gallagher's case is far from cut and dried. The defense says that those SEALs who turned him in just didn't like him, didn't like his leadership style and they questioned how many will actually testify against him in court. They also say that some SEALs will testify in defense of Eddie Gallagher.

Also, the prosecution has been involved in e-mailing some kind of malware to the defense team trying to find out who might have been leaking from the case, and that is complicating matters even further.

Now, the Gallagher family would have been happy with a pre-trial pardon. After hearing from the president, it seems, "very possible" that they will have to wait until after a jury has had its say. Nick Watt, CNN, Los Angeles.

(END VIDEOTAPE)

BLACKWELL: We're getting a look at some video of that dramatic rescue in Maui. Take a look at this. It's the moment a missing hiker was lifted out of the Maui Forest Reserve. We'll have more of this coming up at the top of the hour.

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[07:53:23] DEAN: While many of us are gearing out for summer fun, painful sunburns can keep us indoors. And this week's "FOOD IS FUEL", CNN health contributor Lisa Drayer shares some simple diet changes that can protect your skin from sun damage. (BEGIN VIDEO CLIP)

LISA DRAYER, CNN HEALTH CONTRIBUTOR: One key to protecting your skin from the Sun this summer might began in the kitchen. To start your day, grab a cup of joe. Drinking coffee is associated with a reduced risk of malignant melanoma, according to research. The more you drink, the more protection. Four cups was associated with a 20 percent decrease risk of the disease.

In terms of diet, tomatoes are a terrific source of lycopene that may play a role in protecting against sunburn. In one study, sunburn formation was significantly lower among those who consumed about three tablespoons of tomato paste every day for 10 weeks.

You can also consider spinach and sweet potatoes. Both are great sources of carotenoids, which help decrease redness in skin when exposed to U.V. light. And finally, boosting your omega threes is another way you can protect your skin from the inside out.

A diet rich in omega threes from fish oil can help make sunburn less severe, and may also help prevent the development of skin cancer. Fish like salmon and sardines are excellent sources.

(END VIDEO CLIP)

DEAN: Well, James Holzhauer, the reigning Jeopardy champion just hit another milestone. Friday night's win put him over the $2 million marks.

(BEGIN VIDEO CLIP)

ALEX TREBEK, HOST, JEOPARDY: He had $39,400 and his response was Sun Valley. You wrote down Las Vegas Strip and you crossed it off, why?

[07:55:03] JAMES HOLZHAUER, PROFESSIONAL SPORTS GAMBLER: Didn't think of -- just didn't think it was in Idaho.

TREBEK: Oh, OK. And you risked $35,000. That takes you up to $74,400 and 2,065,545. Enjoy the weekend, come back on Monday, you'll be (INAUDIBLE) to defend the game.

(END VIDEO CLIP)

BLACKWELL: That is his 27th win in a row. Now, Holzhauer is now the second person in Jeopardy history to hit $2 million.

John Pinto, a longtime New Mexico lawmaker, and a former Navajo Code Talker has died. He was 94 years old. He was the longest serving Senator in New Mexico where he'd been serving since 1977.

DEAN: During World War II, he served in the Marines, helping create a spoken code that secured key U.S. victories in the Pacific. As a state senator, he backed several bills aimed at benefiting the Navajo people, including one that looked at putting a million dollars toward a Navajo Code Talkers Museum and Veterans Center.

Coming up on the next hour of NEW DAY, 2020 Democrats are jumping into the abortion debate as the legal battles heat up.

BLACKWELL: So, the presidential candidates are there setting their sights on a critically important voting, black women. And we'll have that story and much more as NEW DAY continues. We're back in a moment.

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