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Kevin McCaleenan Out as Head of Homeland Security; Giuliani's Position as Trump's Personal Lawyer in Question; Some LA Evacuees Returning Home; What Florida Voters Think about Impeachment; Turkish Military Operations in Syria Detailed; Federal Appeals Court Denies Trump Attempt to Block Tax Return Access; Giuliani Under Investigation in Ukraine Case; Sub-Two-Hour Marathon. Aired 6-7a ET

Aired October 12, 2019 - 06:00   ET




UNIDENTIFIED FEMALE: -- and according to "The New York Times" which reports it's in connection with his involvement in Ukraine.

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: I don't know those gentlemen. I don't know. Maybe they were clients of Rudy. You'd have to ask Rudy. I will say this. They said we had nothing to do with it.

UNIDENTIFIED MALE: Mandatory means mandatory. If you're instructed to leave, please leave.

UNIDENTIFIED MALE: There's a lot of open fire line. There's a lot of potential for continued growth of this fire.


ANNOUNCER: This is "New Day Weekend" with Victor Blackwell and Christi Paul.

VICTOR BLACKWELL, CNN HOST: Good Saturday morning to you. Thanks for being with us. We start today with the president looking for a new Secretary of Homeland Security. Late last night the president tweeted that Kevin McAleenan is out as acting DHS secretary after six months on the job.

CHRISTI PAUL, CNN HOST: And we've also learned the president's personal lawyer, Rudy Giuliani, now under a federal criminal investigation. "The New York Times" says federal prosecutors are investigating whether Giuliani's involvement with Ukraine violated federal lobbying laws. The president, in the meantime, won't confirm wherever Giuliani is still his lawyer.

BLACKWELL: And the former U.S. Ambassador to Ukraine told lawmakers yesterday that President Trump and Rudy Giuliani wanted her out. For almost 10 hours behind closed doors, Marie Yovanovitch outlined how she says they smeared her reputation to the Ukrainian officials calling it quote, concerted campaign against me. PAUL: We have all of that for you today. We do want to start with

the resignation of Kevin McAleenan, acting Secretary of Homeland Security. This happened on the same day the president's immigration agenda had several setbacks following court rulings in four different states.s

BLACKWELL: CNN White House correspondent Kaitlin Collins has details of his departure.

KAITLAN COLLINS, CNN CORRESPONDENT: President Trump announcing in a tweet late Friday night that the acting DHS secretary, Kevin McAleenan is resigning from his position and the president says it's to spend more time with his family and children, though behind the scenes people inside the White House told us they never thought McAleenan was going to be nominated for the top job anyway. Instead, he served in this acting capacity, running the agency at times a very frustrating job for McAleenan who didn't like the hard-liners that the president brought in as they purged a lot of the top roles at DHS over the summer.

But in turn, the president himself never really trusted McAleenan. Never fully holding his trust there, blaming him a lot of the times for high border crossing numbers or issues the president didn't like on the border. And so essentially it was a match people never thought was going to be tenable, though at times the president was fond of McAleenan and it seems like he could hang on.

There were also times like over the summer in June when McAleenan when to the White House ready to resign because he said he didn't feel like he had control over his subordinates at the Department. Now the president says he's going to name a replacement for McAleenan next week though it's unclear who that's going to be or whether or not the White House has a short list. Because the names that have been floated in the past -- and this will be something to keep an eye on -- have been people that Senate republicans behind the scenes have said are people who cannot get confirmed to this job. Though, of course, the president has said he likes people to be in an acting capacity. Kaitlan Collins, CNN, Washington.

BLACKWELL: According to "The New York Times," President Trump's personal attorney Giuliani is now under a federal investigation connected to his dealings in Ukraine. Now the paper also reports that the investigation into Mr. Giuliani is tied to the charges against his associates, Lev Parnas and Igor Fruman.

PAUL: In the meantime President Trump appears to be trying to distance himself from his personal attorney saying that in fact saying that he doesn't even know if Giuliani is still his lawyer. CNN's Sarah Westwood joining us now from Washington. What is the White House saying this morning about Rudy Giuliani?

SARAH WESTWOOD, CNN WHITE HOUSE CORRESPONDENT: Good morning, Christi. Yesterday the President Trump was a little evasive on the point of whether Rudy Giuliani was still his personal attorney. It appears that Rudy Giuliani is in fact still serving the president but Trump appeared to be putting some distance between himself and Giuliani amid this scrutiny of this personal lawyer. "The New York Times" is reporting that Giuliani is under investigation for a potential federal lobbying disclosure violation related to work that he did, efforts to gather dirt on former Ambassador Yovanovitch. She's accused him of conducting effectively shadow diplomacy and attempting to get her recalled from Kiev.

Now Giuliani told "The Times" that he was doing that on behalf of President Trump, not on behalf of Ukranian officials but of course this is just polling. Rudy Giuliani deeper into controversy. CNN has reported that Giuliani's financial ties to his two now indicted associates also under scrutiny at the moment. And CNN has also reported that President Trump expressing some doubts about Giuliani amid this controversy as the impeachment inquiry centers on his dealings with Ukrainian officials.


CNN also reporting that Giuliani at this time is not expected to continue any work on Ukrainian issues. That's what's gotten him and the president into trouble in the first place, Victor and Christi, but he is at the moment continuing to represent the president.

PAUL: All rights, we got some clarity there then. Sarah Westwood, good to see you this morning. Thank you.

BLACKWELL: CNN Political commentator Errol Louis joins us now. Errol, good morning to you.


BLACKWELL: Let's start here. There's a lot. I mean the last 18 hours have just been full of news but let's start with "The New York Times" reporting that Rudy Giuliani is being investigated by the office he once lead no less. He says it would be ridiculous to claim that he is working as a foreign agent because the work he was doing in the Ukraine was on behalf of the president. I mean this investigation could be bad for Rudy Giuliani, but it could be even more problematic for the president.

LOUIS: That's exactly right, Victor. When you have Rudy Giuliani as a freelancer, perhaps out there running around, trying to make money or doing other kind of chores in exchange for compensation, that's one thing. If his defense is I was doing this on the express orders of my client, the President of the United States, that's an entirely different matter and it is frankly reminiscent of one of the president's former personal attorneys, Michael Cohen, who's now sitting in a federal penitentiary. What we found in that case is that Cohen said, look I was ordered to do various different things, what he called dirty deeds and he did them out of a miss guided sense of loyalty of what his duties were as the president's attorney. If Rudy Giuliani ends up making same claim, I think it would be devastating to this administration.

BLACKWELL: You know there's one element that happened yesterday that's reminiscent of the Cohen-Trump relationship. When there's trouble, the president distances himself. Here's what the president says when he was asked if Rudy Giuliani is still his attorney.


UNIDENTIFIED FEMALE: (Inaudible) still your personal attorney?

TRUMP: Well, I don't know. I haven't spoken to Rudy. I spoke with him yesterday briefly. He's a very good attorney and he has been my attorney. S


BLACKWELL: Well, I don't know. I mean more than distancing himself with which he did with Cohen and Paul Manafort, his former campaign chairman after he was indicted. If that answer turns to a no that could realign privileges and protections that Rudy Giuliani and the president might want to claim as this inquiry continues.

LOUIS: That's right. That was the sound of the president backing up the bus that he just threw his attorney under. When the president says, I don't know, you have to talk to them, I don't know anything about anything, it's not a good sign. And by the way, we should be clear, the president and Rudy Giuliani, if they have an attorney/client relationship, that is not an absolute privilege. The privilege vanishes number one if you talk about it on national television about certain matters but secondly if you're engaged in illegal activity, there's no protection for that. We should expect to find out a lot more about what Rudy Giuliani at least thinks he was doing on the president's behalf and why he thought this was the order that he had to go out and do all kinds of what may have turned out to be illegal activity.

BLACKWELL: Let's talk about the resignation. Acting Secretary of the Department of Homeland Security, Kevin McAleenan, resigned yesterday. There have been 11 heads, secretaries and acting secretaries. Let's put them up of the Department of Homeland Security since 2002 when it was created. Seventeen years right here. Five of them will have served under President Trump in about 1,000 days. Right? If you consider the turnover over the 17 years here, we're not seeing this in other departments. Why is this specific to or unique to this department?

LOUIS: It seems to be because homeland security includes border and immigration issues that are central to the president's promises in 2016 and to what's going to be part of his argument for re-election. So it ends up being deeply politicized in a way that should really startle people who remember why and how this agency was created. This wasn't around since World War II. This was created specifically in the wake of 9/11 to better coordinate agencies that needed to be talking to one another. Because, however, it does include border security, the president has kind of latched onto it.

He doesn't seem to have found the right voice, the right people, the right level of control. The reporting seems to indicate that he's using it mostly for border protection issues but we, who remember 9/11 know that there's so much more to this agency. There's so much more that has to be done. As far as helping localities deal with terrorist threats as far as the Transportation Security Administration that we all see at the airports, making sure that our ports of entry are all safe. So this is not a good thing. I mean it was inevitably going to be somewhat politicized. This is a degree that is really quite alarming in a lot of ways.


BLACKWELL: The president says he'll name his fifth pick, the next Acting Secretary of Homeland Security sometime next week. Errol Louis, good to have you.

LOUIS: Thank you, Victor.

PAUL: Thousands of people who evacuated after massive wildfires ravaged parts of Los Angeles are preparing to return home and they're not sure what they're going to find. We're taking you live to Los Angeles.

BLACKWELL: Plus a significant loss in court for President Trump's push to build a border wall and tighten immigration laws.

PAUL: And U.S. officials say Turkey may be gaining more control in Syria after Turkish artillery fire came close to U.S. forces. We're on the ground near the Turkish/Syrian border next.


PAUL: Hopefully a good day for some of the people who were evacuated in California. They are able to start returning home just so they can see what this fire did to their home, to their property, to their developments in the neighborhood in the Los Angeles area there.


JERRY DERMICI, LOST HOME TO FIRE: I'm devastated. I - I don't' know what to tell. I just paid off my (inaudible) last month. I made the last payment and I was so happy that my house was paid off, I don't have to worry about the payment anymore and this happened.



BLACKWELL: Let's go to CNN's Natasha Chen live there in Granada Hills, California. So what is the latest on these fires? We know that there was an evacuation order for thousands, tens of thousands of people. What does it look like this morning?

NATASHA CHEN, CNN CORRESPONDENT: Victor and Christi, we understand that some of those people were able to go backs to their homes yesterday afternoon with police escorts to grab some items and then leave the neighborhood again. Here where we're standing, this neighborhood is also blocked off by police, so we had to talk to them about the fact that we wanted to come and take a look inside here.

Most of the homes we're seeing are still standing, but 31 structures have been either destroyed or damaged in the Saddleridge fire including this one behind us where you can see that garage is just hollowed out right there and we're also seeing other homes looking just like this in the Porter Ranch area and that's the home that you're looking at right there with the gentleman we heard from in that introduction who just paid off his home and now he's seen it burn to the ground, so some really heartbreaking images there.

We're also hearing that evacuation centers have been very full with a lot of people bringing their pets there. They have expressed how lucky they feel that they had time to actually grab their pets this time. A lot of these people have dealt with this multiple times in the past. We want to talk a little bit about the power shut-offs because there were some proactive moves by utilities in California to prevent wildfires during the dry windy hot season. PG&E, Pacific Gas & Electric, mostly serving northern and central California has mostly restored power up there now. They said yesterday that they had 30 instances of weather-related damage like downed power lines and vegetation on those lines. In a way telling people that there was a reason for those shut-offs. Here in southern California, SoCal Edison still has about close to 900 customers out of power from proactive shut offs but right here where we are standing, we are serviced in this area by L.A. Department of Water and Power who just two days ago told people they were deciding not to do such shutoffs and people here are now asking some questions about that decision given the fire we're looking at. Of course, cause of this fire is still under investigation. Victor and Christi, back to you.

PAUL: All right. Natasha Chen, appreciate the update. Thank you.

BLACKWELL: The former ambassador to Ukraine, she said she was pushed out over unfounded and false claims. Now dozens of former state and national security officials are throwing their support behind her. We'll discuss all of this with the former U.S. Ambassador to Denmark Laurie Fulton next.



BLACKWELL: Twenty-one minutes after the hour. Good to be with you this morning. First on CNN, 27 former state and national security officials are calling on Secretary of State Mike Pompeo to defend former U.S. Ambassador to Ukraine, Marie Yovanovitch. Yesterday she defied the White House and testified before Congress for almost ten hours. She told lawmakers that President Trump wanted her removed based on unfounded and false claims. Joining me now is Laurie Fulton, former U.S. Ambassador to Denmark. Good morning Ambassador.

LAURIE FULTON, FORMER U.S. AMBASSADOR TO DENMARK: Good morning. Thank you for having me here today.

BLACKWELL: Certainly. So let's start here. Before we dive into what we learned from that opening statement, let's just start with the fact that she showed up. I mean we know according first to this letter from the House chairman that she was directed not to show up. She was there for almost 10 hours. You know her. Why do you think she showed? FULTON: You know, we the American people owe her our gratitude and our thanks not just for her 33 years of outstanding service to our United States foreign policy but for having the courage and integrity to come forward under subpoena to testify about her experience with the undue influences on our national government. I think she came forward because she is a person of dedication to the United States and dedication to as she said in her opening statement, to her oath of office to defend the United States Constitution against all enemies, foreign and domestic.

BLACKWELL: Let's talk a little more about that opening statement. Ambassador Yovanovitch said that Deputy Secretary of State John Sullivan told her there was a concerted campaign against her. She also said that Sullivan told her that she had done nothing wrong and this was like no other situations where the president had recalled an ambassador of cause. An hour after that was released on Friday, Sullivan was named the next Ambassador to Russia. What's your reaction to that? Is that just simple coincidence?

FULTON: Well, you know I don't know if that's a coincidence. You know the position of Ambassador to Russia we know -- we've known for many weeks now has been in open position. But I think what's really interesting is the effect that this has on career diplomats and other people in the national security arena that someone as outstanding as Ambassador Yovanovitch who I knew when I was ambassador in Denmark, she was the Principal Deputy Assistant Secretary of State for European Affairs, just an amazing dedicated public servant.

You know, the effect that removing her has on other people in the foreign service and national security is astounding. So to me that's more important then when it comes to ambassador to Russia.

BLACKWELL: Let me jump in here. Let me mention that because she talked about that. I have it for the viewers who did not read the statement. She says that we repeatedly uproot our lives and we frequently put ourselves in harm's way to serve this nation and we do that willingly, because we believe in America and its special role in the world. We also believe that in return our government will have our backs and protect us if we come under attack from foreign interests. That basic understanding no longer holds true.

Does that recalibrating for members of the state department, the diplomatic corps, the degree of confidence that they are supported, do you think that's limited to this administration or that's going to be long-lasting?


FULTON: Well, I hope that it's not long-lasting. I hope that we can get beyond this. So much information is coming out, and I think Marie Yovanovitch was so courageous to offer her testimony, but it was so important that she do so. There are many members of both parties in the House and in the Senate who care about our foreign policy, who care about our career in foreign service, and so I'm hoping we can make this right because the other thing Ambassador Yovanovitch said that I believe is so important, is if this can happen in Ukraine, if a couple of corrupt businessmen can somehow oust the United States ambassador, what message does that send to other countries? And so it's not just the demoralization of the career foreign service, it's also what does this do to our reputation and our ability to continue to be a world leader?

BLACKWELL: Ambassador Laurie Fulton, good to have you back.

FULTON: Thank you.

PAUL: You know, we've seen polls showing support growing for President Trump's impeachment and removal from office. That same vulnerability doesn't seem to be as clear as his base. Are they sticking with him as they have done with past scandals? CNN's Martin Savidge asked voters in Florida. That's a key swing state of course whether the ongoing impeachment inquiry has affected their opinion.

MARTIN SAVIDGE, CNN CORRESPONDENT: Welcome to Orlando, Florida, not the land of make believe, but where people really live and vote, and we're talking to Trump voters about impeachment.

RICHARD DOMZALSKI, TRUMP VOTER: I don't think he's getting a fair deal out of it. I think it's very political.

SAVIDGE: Nearly three weeks into the formal Congressional inquiry, polling shows a noticeable shift in the public's attitude towards impeachment. A Fox News poll released this week found 51 percent of registered voters supported President Trump's impeachment and removal from office. We wanted to see if shifting polls suggest Trump vulnerability among his base in the swing region of a key state. For most, the short answer is no.

It doesn't change your opinion of this president?

BRIAN BARNES, TRUMP VOTER: In this case, no. No.

SAVIDGE: And you don't believe he's done anything wrong or broken any sort of oath of office?

BARNES: In this case, no.

SAVIDGE: On camera, no Trump voter would tell us the president should be impeached.

Do you believe this president has used his office for political gain?

DOMZALSKI: In this particular case?


DOMZALSKI: I don't think so.

SAVIDGE: Most Trump voters we spoke with called the impeachment inquiry a sham put on by democrats followed by unsubstantiated claims. They downplayed the president's phone call with the President of Ukraine that seems to seek dirt on former Vice President Joe Biden.

You've seen the transcript of the phone call, I'd like you to do us a favor.

DOMZALSKI: I've seen the transcript, but I haven't read the whole thing.

SAVIDGE: But off camera, we did find Trump voters troubled by the president's actions. In fact, two admitted it was wrong but stopped short of calling for the president's removal. At a Latinos for Trump rally outside Orlando we found something that should concern the Trump Administration. Though these Trump voters say they've heard nothing so far in the impeachment inquiry to change their support...

Has this caused you to question or second guess your vote in '16?

NANCY ACEVEDO, TRUMP VOTER: Never, ever. We need Trump to be elected for four more years to make sure his agenda is completed.

SAVIDGE: All we've spoke with did say the inquiry should continue.

Do you want the process to at least go forward?

SERGIO ORTIZ, TRUMP VOTER: I want the process to go through the whole shebang.

SAVIDGE: Even as they work for Trump's reelection, these Trump voters say they reserve the right to change their mind.

Is is it something that come to light that would change your feelings?

MARIA SCOTOLONGO, TRUMP VOTER: Maybe. It depends what it is, what is truth.

SAVIDGE: There's no question that the impeachment inquiry has raised the level of political tension in this country to a whole new realm. We've been talking to Trump voters for years now on all kinds of topics in all different places, but never have we had as much difficulty engaging or getting people to talk on camera with us on a subject more so than this one, impeachment. People are either so angry or so over it, they simply just don't want to talk. Martin Savidge, CNN, Orlando.

BLACKWELL: Martin, thank you.

U.S. officials are worried that Turkey may be pushing to gain more control in Syria after Turkish artillery fire came close to U.S. forces. We're near the Turkish/Syria border. We'll take you there next.

PAUL: And it may say October on the calendar, but that doesn't look like October, does it? No, Mother Nature doesn't care. We have a look at winter-like conditions that are already breaking some records and where this is headed.


(COMMERCIAL BREAK) BLACKWELL: There is growing concern this morning that Turkey is looking to gain more control in Syria. A U.S. official tells CNN that Turkey could be trying to push further into an area mainly occupied by Kurds.

PAUL: That official says yesterday's strikes were landed near U.S. troops is evidence of that move. The Pentagon confirmed U.S. Forces did come under fire from Turkish artillery. They say no one was injured fortunately, but CNN's senior international correspondent Arwa Damon is following the very latest from the Turkish/Syrian border. What are you learnings this morning, Arwa?

ARWA DAMON, CNN CORRESPONDENT: Well, the battle most certainly is ongoing as Turkey is pushing through, trying to undertake what really is a very large operation. Now, if we look at the map that President Erdogan showed at the United Nations,


the scope of this operation doesn't just extend to one portion of Turkey's border with northern Syria and you can see the plumes of smoke from rounds that fell just a short while ago. But this operation is meant to push some 18 miles into Syria and extend across hundreds of miles of territory that Turkey shares with northern Syria, namely with the area -- the parts of northern Syria that are currently occupied by the Kurdish fighting force, the YPG, which Turkey views as being one and the same as the Kurdish separatist group that it's been battling for decades, the PKK.

Where you see the smoke rising, that town in the distance, that is (inaudible) and just in front of it is the Turkish border town of (inaudible). Now it gives you an idea how close these areas are. There are rounds that have been falling on the Turkish side, onto the civilian population here. Earlier today we were further east where we went to a funeral for six people who were killed in rounds that fell yesterday. And the population that lives on this side of the border in Turkey, especially to the east, it is predominantly Kurdish, and they do, in fact, have relatives who live on the other side of the border. So they're saying that whether it falls on this side or that side, no matter what it is because of the ties that exist because both populations are Kurdish, they both feel pain, but there's great concern about where this operation is going and what its potential consequences are going to be.

BLACKWELL: Arwa Damon there along the Turkish/Syrian border. Thank you so much.

The Pentagon is deploying extra troops to Saudi Arabia as well. Multiple U.S. officials tell CNN the leading commander in the Middle East requested the extra troops and the U.S. Navy needs extra help deterring potential Iranian aggression.

PAUL: President Trump says they're being sent because Saudi Arabia is quote, a good ally but the move comes, of course, as the president is facing bipartisan criticism for pulling troops from northeastern Syria. In the last month, in fact, the U.S. has deployed an additional 3,000 forces to that area sending a clear signal that the security of Saudi Arabia is a top priority for the U.S.

Do stay with us. President Trump has lost the battle it seems to keep his tax returns and financial records private. A federal appeals court decision we're going to talk it about in a couple of minutes.

BLACKWELL: Plus, the president has pushed to build the border wall and tighten immigration laws, we know that. But five federal courts just rejected this administration's argument on both of those fronts. We'll have details.



PAUL: Well, three federal judges have blocked the administration's rule to make it more difficult for immigrants who rely on public assistance to obtain legal status. That's one of many overnight happenings.

BLACKWELL: Yes and the D.C. Court of Appeals rejected the president's attempts to stop his accounting firm from turning over eight years of tax records to House democrats. Here's CNN's Ariane de Vogue.

ARIANE DE VOGUE, CNN CORRESPONDENT: They were big losses for the Trump Administration in courts on Friday. The first, a powerful appeals court based in D.C. ruled that President Trump's accounting firm had to turn over eight years of financial records to a House committee. That's a big defeat for the president who's been fighting on several fronts to keep his financial records out of the public eye. Now the ball's in the court of the president. He can appeal that decision to a larger panel of judges on the appeals court or go directly to the Supreme Court.

And on issues related to immigration, three courts blocked the Trump Administration's so-called public charge rule. It was set to go into effect next week. Under the rule, immigrants who might rely on public assistance like food stamps would have a harder time obtaining legal status like a green card. Two of the judges issued a nationwide injunction blocking the rule across the country.

Finally, on another immigration-related subject, a different federal judge in Texas held that the national emergency declaration that the president issued to build the border wall was unlawful. The ruling will block funding for now, but it's likely to be appealed. Several big losses on Friday for President Trump. Ariane de Vogue, CNN, Washington.

PAUL: Ariane, thank you so much.

Now President Trump's personal attorney, Rudy Giuliani, is now under federal investigation. Prosecutors are looking into whether he violated any federal lobbying laws with his dealings in Ukraine. That probe is linked to the case against two of his associates that were arrested this week on campaign finance violations. CNN legal analyst and former assistant U.S. attorney for the Southern District of New York, Elie Honig with us. Elie, good to see you this morning. ELIE HONIG, CNN LEGAL ANALYST: Good morning Christi.

PAUL: First and foremost, do you see any indication or evidence of lobbying violations with Giuliani?

HONIG: Rudy Giuliani is in a lot of trouble on a lot of different fronts. First of all, one of the theories is that Rudy Giuliani by working here in the United States to further the interests of Ukraine, federal law requires that he be registered as a foreign lobbyist which he certainly was not. On the other hand, if he was working to further Donald Trump's interests with Ukraine he's got problems too because we know from the charge against those two other individuals that hundreds of thousands of dollars of foreign money were pouring in illegally disguised to influence our elections. So either way, Rudy Giuliani has got a legal problem.

PAUL: So let's listen to what the president said when he was asked last night if Giuliani is still his attorney.


TRUMP: Well, I don't know. I haven't spoken to Rudy. I spoke to him yesterday briefly. He's a very good attorney and he has been my attorney, yeah, sure.


PAUL: Yes, sure. It didn't seem wholly confident, but it does seem reminiscent of some moments behind us now where the president was really staunchly for somebody, suddenly wasn't, and they were suddenly gone. How shaky is the ground Giuliani stands on this morning?

HONIG: Very shaky. So first of all, Donald Trump should know if Rudy Giuliani or anybody else is his lawyer. That's up to him. It's up to the individual who your lawyer is but yes, we've seen this dance before Christi.


This is the same machinations that the president went through with Michael Cohen. From support, he's a good person, to I'm not so sure what his status is. I don't really know him that well. I'm not even sure if he's my lawyer to in Michael Cohen's case, complete disavowal and calling him all of these names that I won't repeat. So we'll see if Rudy Giuliani goes that last step but Donald Trump I think can sense that some bad news is coming down the pike with Rudy Giuliani and I think he's trying to distance himself from it.

PAUL: All right. I want to real quickly get your reaction to your immigration status that came down last night in two different cases. The Texas federal judge that rules the president's national emergency declaration for the border is unlawful and the judges in New York and Texas and Washington state and Cali that sided against these initiatives to limit immigrants from entering the country. What is your reaction and how far is this going to go? HONIG: Yes, I don't know if they keep records for this kind of thing but losing five court decisions in one day if you include the tax decision and the border wall funding plus the three immigration decisions is really remarkable. The immigration decisions, look, the key legal phrase here is arbitrary and capricious which is a legal way of saying these rules have no basis and just common sense, rational public policy and I think what we've seen here is the president, let's remember he made immigration one of the keystones of his political campaign and he's overstepped time and again, whether it's with the border wall or with these lack of protections for green cardholders for legal permanent residents. So I think the courts are really doing their part here in our system of checks and balances and telling the president you're going too far.

PAUL: Elie, I got to get this one in real quickly, the appeals court ruled that President Trump's accountants have to turn over his financial records to Congress. Is there a timeframe and how likely do you think Congress is going to see his tax records from the last eight years?

HONIG: Yes, so it depends on what next steps the administration takes. They can try to get it to the Supreme Court next. It will be up to the Supreme Court. The Supreme Court does not have to take any case. They actually have to take a few cases. If the Supreme Court says we're not taking it, it's over and those returns go over. If the court does take it, it will be a few months for briefing and then however it comes out will determine whether those returns go over to Congress but we're now closer to ever to Congress actually having those reports in its hands.

PAUL: Closer than we've ever been is see. Elie Honig, we appreciate you being here so much, thank you.

HONIG: Thank you.

BLACKWELL: It was called the last great barrier. Now it's been broken. Coy Wire, this is amazing.

COY WIRE, CNN SPORTS CORRESPONDENT: Incredible. Victor, Christi, good morning. The two-hour marathon has been this mythical status among runners; no man or woman ever crossing that line until today. More on the man and who made it happen and what he expects to come next, next on "New Day."

PAUL: First though we want to introduce you to one of our CNN Heroes. We all have our bucket lists, right? Well this week's CNN Hero is helping senior citizens embark on those exciting adventures. Take a look at this.


WEBB WEIMAN, CNN HERO: The reality of living in isolation is out there and it's real, and that's really one of the driving forces for us to keep going, for us to take those people out of isolation and make an example of them. I looked at it like much more than a hot air balloon ride. There is a

sense of accomplishment, a story they get to take back to their community. It lifts their spirits.


PAUL: Ah, so sweet. For the full story, go to We'll be right back.



BLACKWELL: I was dragged into this really emotional conversation, more passionate than it deserved to be about when boot season starts.

PAUL: Oh for heaven's sake.

BLACKWELL: Is it by the calendar or the temperature?

PAUL: I would almost say temperature because if it's 90 degrees, you'd look a little foolish walking around in boots, do you not?

BLACKWELL: Well, you know, it's already snow boot season in some parts of the country. Winter weather alerts are in effect across North Dakota, South Dakota, Minnesota this morning. The snow and the storm set records in Bismarck, North Dakota for October snow. More than two feet of snow have fallen across the areas of that state.

PAUL: Take a look at East Grand Forks, Minnesota. Other parts of Minnesota, Wisconsin, Michigan, they're not going to see nearly as much snow as the Dakotas, but the strong wind gusts mean windchills in the teens and 20s tonight and into tomorrow morning, so light the fire.

BLACKWELL: Major breakthrough in human potential finally realized.

PAUL: For the first time ever, someone has broken the two-hour mark in a marathon, Coy.

WIRE: This is incredible. History made in Vienna, Austria. This was thought to be the last great barrier in distance running. You had the sub-two-hour marathon, and it was run by Kenya's Eliud Kipchoge. Incredible stuff. Thirty-four years old, crossing the finish line in 1:59:40. Listen how fast this would be. Kipchoge ran an average 4:34 each mile for 26.2 miles. This wasn't a sanctioned event so not technically a world record shich Kipchoge holds, that's 2:01:39 but Kipchoge says he may be the first to break that barrier but he will not be the last.


ELIUD KIPCHOGE, KENYAN LONG DISTANCE RUNNER: I'm just a man to run under two hours. I know that to inspire many people to tell people that no, you are limited. You can do it. I'm expecting more of that in (inaudible) that (inaudible) after today. (END VIDEO)

WIRE: Congratulations to Eliud Kipchoge.

Now we almost had a no-hitter in game one of the National League championship series. Almost.


It's the front of an opposing raucous crowd in St. Louis in game one. It was 35-year-old Anibal Sanchez there. Lights out for the Nationals. Pitching a no-hitter into the eighth inning with outstanding defense like this, a diving catch from Ryan Zimmerman keeping the no-no going but two batters later, Sanchez would have to face Jose Martinez, OK? This is the guy who'd gone 4 for 6 against Sanchez in his career and he takes the magic away; a single to center there. But look at Sanchez, giving a nod to his fellow Venezuelan as a sign of respect but the awesome sign of respect coming from the opposing Cardinals fans. They give him a standing ovation as he leaves the game.

Washington gets the big first win in the series 2-0. Cardinals and Nationals go at it again today in game 2 of the NLCS. That's at 4:08 Eastern on our sister channel, TBS. Then in the American League championship series, it's game one between the Astros and Yankees. I got to say, this performance in the marathon, incredible stuff. It's incredible what the human mind can do once that barrier is broken. It will be interesting to see how many more runners we're going to see take down that time.

PAUL: Good point. Coy, thank you. Good to have you here.

BLACKWELL: The next hour of your "New Day" is up after a quick break.