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Trump Accuses Radio Host of "Gotcha Question"; Kentucky Clerk Behind Bars in Marriage License Standoff; Clinton Staffers Testifying Behind Closed Doors; Judge Overturns Tom Brady "Deflategate" Suspension. Aired 6:30-7a ET

Aired September 04, 2015 - 06:30   ET

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

(COMMERCIAL BREAK)

[06:30:56] JOHN BERMAN, CNN ANCHOR: Republican front-runner Donald Trump dismissing some foreign policy confusion as a gotcha question. The conservative radio host tricked Trump up, asking him about the heads of terror organizations including Hamas, Hezbollah, ISIS. This happened on the same day Trump signed a loyalty pledge to the RNC.

Love for Trump still surging among voters. His numbers hitting 30 percent on a poll. Also Ben Carson on the rise. You can see him there at 18 percent. A big jump since July.

ALISYN CAMEROTA, CNN ANCHOR: South Carolina prosecutors seeking the death penalty against Dylann Roof, the man accused of shooting nine people dead, taking part in that bible study at the Emanuel AME church in Charleston, South Carolina. The 21-year-old accused of targeting the place of worship in June because it is an historically black church. Roof facing both federal and state charges including hate crimes.

BERMAN: Two people now arrested in Abilene, Texas, in connection with the killing of a police officer inside his home. Phillip and Violetta Walter charged with first degree felony murder. There is evidence leaking the Walters to the crime scene as well as the items stolen from the officer's home.

CAMEROTA: Same-sex couples may be able to get married in Rowan County, Kentucky, this morning. Five deputy clerks saying they will give out marriage licenses, this after their boss, county clerk Kim Davis, went to jail, rather than violate what she says is God's law.

CNN's Alexandra Field has the latest.

(BEGIN VIDEOTAPE)

ALEXANDRA FIELD, CNN CORRESPONDENT (voice-over): In one Kentucky, same-sex couples being denied marriage licenses.

UNIDENTIFIED MALE: Why are you not issuing marriage licenses today?

KIM DAVIS, ROWAN COUNTY CLERK: Because I'm not.

UNIDENTIFIED MALE: Why? UNIDENTIFIED MALE: Under whose authority?

DAVIS: Under God's authority.

FIELD: The clerk refusing to issue those licenses ordered to jail because of it. A federal court judge holding her in contempt of court, a decision met by wild cheers from marriage equality advocates.

The same ruling igniting equal passions from those who back the Rowan County clerk.

REGGIE DICKERSON, SUPPORTER OF KIM DAVIS: I support Kim Davis. You are going to see God's people rise up like never before. I think her going to jail, I think they just woke up a great sleeping giant.

FIELD: Kim Davis was tearful on the stand, testifying her religious beliefs and conscience make her unable to follow an August 12th order from the same court to issue the licenses in accordance with the Supreme Court's historic marriage equality ruling earlier this summer. Davis is currently appealing the order to issue the licenses in a higher court.

In an earlier statement, Davis, who's been divorced three times, said, "To me this has never been a gay or lesbian issue. It's about marriage and God's word. It's a matter of religious liberty, which is protected under the First Amendment."

While considering whether to charge Davis with contempt, the court rejected the argument that she was factually unable tor physically unable to comply with the court's order to issue the licenses. Judge David Bunning saying, "Our system of justice requires citizens and elected officials to follow the orders of the court."

Earlier this week, the Supreme Court of the United States denied a petition from Davis to enable her to refuse licenses while the appeals process continues. Despite that, her office continued to refuse to license couples.

April Miller testified she's been barred three times by Davis from receiving a license to marry her partner of 11 years before the judge ordered Davis taken into custody by the U.S. marshals.

UNIDENTIFIED FEMALE: We did not ask the court to imprison Ms. Davis. That was not the sanction that we sought. And I think it is unfortunate that she is there. But the judge did what he felt was necessary in order to gain compliance.

FIELD: Alexander Field, CNN, Ashland, Kentucky.

(END VIDEOTAPE)

BERMAN: We'll ask Rick Santorum about that coming up. There's a lot of politicians are weighing in on this case.

CAMEROTA: Absolutely. BERMAN: One of Hillary Clinton's advisers grilled for nine hours by lawmakers about Clinton's e-mail server, also Benghazi. How will it affect the Clinton campaign for president? That's next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

CHAIRMAN TREY GOWDY (R), SOUTH CAROLINA: Ms. Mills answered all the committee's questions and the dialogue was professional and productive. And other than that, I'm not going to be able to answer any questions.

(END VIDEO CLIP)

CAMEROTA: That was Congressman Trey Gowdy, the Republican spearheading the investigation into the Benghazi terror attacks. He was talking about the nine-hour long testimony from Hillary Clinton's former chief of staff, Cheryl Mills. The House committee is trying to figure out whether any e-mails related to Benghazi were withheld or destroyed.

Let's bring in CNN political commentators -- Errol Louis.

I'm just going to start with you, Errol.

[06:40:01] I thought maybe I'd bring in another guest, but I don't need another one. I just need you, Errol.

Errol, what was unearthed during this nine hours of testimony? Do we know?

ERROL LOUIS, CNN POLITICAL COMMENTATOR: Probably nothing, frankly. I mean, Cheryl Mills specifically asked Elijah Cummings, another member of the committee, who also tried to support this, the idea of, number one, doing it in public, or number two, releasing a full transcript of everything that was said. You've got to keep in mind. I mean, this has been going on for a year and a half now, this committee was formed I think in May of last year, about events that happened three years ago.

They have gone through this in great, great detail. This was a consolidation of three separate investigations that were put together in this one select committee about what happened during a confusing, basically, 48-hour period several years ago. Cheryl Mills says she has nothing to hide. She says, you know, she told them everything she could possibly have told them over the nine-hour period. I don't think there's a reason not to believe her.

CAMEROTA: Now, I want to bring in Maria Cardona. She's a Democratic strategist and CNN political commentator.

Maria, great to have you with us.

MARIA CARDONA, CNN POLITICAL COMMENTATOR: Thank you. CAMEROTA: What did you think of his demeanor there? He seemed almost

satisfied by these nine hours of testimony. So, maybe she did say something.

CARDONA: I know, right? I was equally surprised.

Look, it didn't surprise me, though, that she would have made that kind of presentation. She is incredibly smart, incredibly professional, and I was pleased to actually see the reaction from Chairman Gowdy. He seemed that he got everything that he needed from her. In fact, he said that she answered every single question that the committee had put to her. You know, maybe she convinced him that actually Secretary Clinton wasn't the one running across the grassy knoll.

So, you know, I think that this will -- obviously, the questions will continue. But I think, from what we have seen and heard, she did a terrific job in putting to rest a lot of the concerns from the committee. So, we'll see.

CAMEROTA: OK, let's talk about this other person that the committee wants to interview, Bryan Pagliano. He was the State Department I.T. guy. His lawyers made it clear he's going to plead the Fifth.

What's that about?

LOUIS: Look, it's very difficult for outsiders to see, because we all want the truth. We want to get the information. We want every last detail. But the reality is this person is a noncombatant. He is not a politician, he doesn't want to be a politician. He's just the I.T. guy.

There are things that you can say along away that can get you get in a lot of trouble, confidentiality agreements that you might have signed, all kinds of -- other disclosures that you could sort of get tripped up in.

So, I think his attorney is doing what a good attorney should do. Tell him, do not expose yourself. Rest on your constitutional rights. You do not have to give all kind of information and get into trouble.

CAMEROTA: Maria, you say you are looking forward to October, that's when Hillary Clinton herself will be testifying. What is she going to say that's new? What are we going to hear?

CARDONA: Well, we'll see. I think, sort of to your point that maybe we won't hear anything new, because guess what? This will have been the third time she testifies for many, many hours in front of these committees. It will have been in total more than 10 investigations that these committees have done over the issue of Benghazi.

Many reports have come out saying there was absolutely no wrongdoing and no political cover up, which is what Republicans have been alleging from the beginning. Tens of thousands of documents have been turned over to these committees. Hundreds and thousands of taxpayer money has been spent on trying to figure out what happened in Benghazi.

You know, and Secretary Clinton took responsibility for what happened. There was a report that came out that was essentially put forward, 29 recommendations she embraced and put in place. I think her point will be, look, we need to get to the bottom of this. I think many people in the State Department thought they had gone to the bottom of this and putting these recommendations in place. That has been the point, Alisyn, so that none of this happens again.

So, Republicans, I think, are in a position of being, you know, accused of political overreach, which would not be the first time.

CAMEROTA: Errol, let's talk about what Hillary Clinton is going to do over the weekend. She is going to start a women's initiative whereby she weaves women's issues into every facet of her campaign. Everything that she talks about will now also incorporation women to it.

Let me, while we are at it, show you the latest polling. This is from an ABC News/"Washington Post" poll that shows where she stands among women. She is only 48 percent favorable, 51 percent unfavorable. And that compares to July where her numbers were much better, 55 percent favorable. What's gone wrong with Hillary Clinton and women?

LOUIS: Well, I mean, the strategy tells you that they understand that they're going to have to do something they did not do in 2008, which is to put the fact that she is a woman, the fact that she is a champion of women's issues and has been for her whole carrier. It really is a threat that runs through her entire career and put that front and center, because it's all you see her talking about is the usual talking points, or going back and forth with the Republicans.

[06:45:00] Women voters don't like it. Frankly, most voters don't like it. Independents don't like it.

So, it's a smart kind of thing. She should have done it in 2008. It will sell better now. I mean, I have seen her in some settings talking about the work she's done with women overseas with the state department, the Clinton Foundation. It's very compelling. It's a different Hillary Clinton that we would do well to see more of, because that's really who she is, politically.

CAMEROTA: Maria, last, I want to talk about this window that Joe Biden gave us into his decision making whether or not he will run. Let me play for you what he just said, this sort of heartfelt moment where he explained it.

(BEGIN VIDEO CLIP)

JOSEPH BIDEN, VICE PRESIDENT OF THE UNITED STATES: The factor is, can I do it? Can my family undertake what is an arduous commitment that will be proud to undertake under ordinary circumstances. But the honest to God answer is, I just don't know.

(END VIDEO CLIP)

CAMEROTA: That was last night. That was a somber moment for Joe Biden.

CARDONA: Yes.

CAMEROTA: Which way do you think he's leaning?

CARDONA: That's the big question. I don't think anybody really knows.

What we saw last night was a real glimpse into what he is going through, and to the heart-wrenching moment that he is going through with his family. And what was so compelling to me is it felt like you were in his living room and that you were the only one he was talking to about this.

And I think that is part of Joe Biden's appeal in terms of his authenticity, in terms of letting people in, in terms of really speaking his mind. I think he deserves this moment. I think that he needs to continue to make all of the actions that he's doing in terms of talking to the right people, making sure that his team is looking at all the polling information.

He deserves that. That doesn't mean that he's leaning toward running. It doesn't mean he's leaning toward not. I think, at the end of the day, my gut tells me that he probably won't do it. But who knows? We have seen this political season is topsy-turvy. I think this is one more question injected into this political debate in the coming weeks.

CAMEROTA: If nothing, it's not unpredictable this season.

Maria, Errol, thanks so much.

What's your take on all of these stories? You can tweet us #NewDayCNN or post your comment on Facebook.com/NewDay and we will read those later -- John.

BERMAN: All right, Alisyn.

The NFL commissioner may be feeling a bit deflated now after a judge vacated Tom Brady's four-game suspension. But what is the next surprise, the next scandal to trip up the National Football League?

(COMMERCIAL BREAK)

[06:51:48] BERMAN: All right. Allow me to read a text message from my rejoicing mother in Boston. She writes, "Brady is free!"

Quarterback Tom Brady will suit up for the New England Patriots opener next week after a federal judge overruled his four-game deflategate suspension. A victory for the reigning Super Bowl champions and my mother, but a stark repudiation for the commissioner, his authority and, frankly, a new complicated mess for a league trying to figure out how to discipline players.

Joining us now, CNN sports analyst, "USA Today" sports columnist, Christine Brennan.

Christine, Judge Berman, no relation --

CAMEROTA: Sure.

BERMAN: Yes, he says of the league and the suspension, that it is basically -- it was junk. "Inadequate notice of Brady of both his potential discipline and his alleged misconduct, denial of the opportunity for Brady to examine one of two lead investigators, and denial to equal access to investigative files, including witness interview notes."

What the league did and the way they did it, this judge said, simply unacceptable.

CHRISTINE BRENNAN, CNN SPORTS ANALYST: That's correct, John. It's a surprise for legal experts I spoke with who said, hey, this is a collective bargaining agreement, Roger Goodell was given these powers by the players, including Tom Brady, and move ahead and do it.

So, it's a repudiation of Roger Goodell, and the league and the way that it's been doing the justice that it's had to do. These are new issues. You know, the domestic violence issue, of course, was a year ago, right now. That was rearing its head.

At this point, everyone wanted Roger Goodell to do more, to overreach, so to speak, to use the term. And, of course, he eventually did give Ray Rice more than a two day game suspension. But remember that, just a year ago, we wanted him to do more on a different issue and now, of course, he's being reprimanded for doing too much.

CAMEROTA: Right. And --

BRENNAN: So, it's a fascinating time in sports.

CAMEROTA: It is, and it does feel as though Roger Goodell can't win, because he didn't go far enough in penalizing Ray Rice. Now, he's gone too far with Tom Brady.

Isn't there some sort of rule book that he can follow? I mean, is he making this up as he goes along?

BRENNAN: I think there's an element of that, Alisyn. But I also think it's our times. These are issues that other commissioners just were not dealing with, and they should have been. Domestic violence was an issue in the '60s or '70s, '80s, '90s. Of course, it was. But we weren't talking about it. We weren't dealing with it. That's not saying that today's leaders shouldn't be dealing with it, of course, they should.

But these are different times. There's different scrutiny. I also think there are great questions that are coming out of this.

It is a fascinating conversation we should be having as a sports nation. What do we want our commissioners to do? Do we want them to be the judge, jury and executioner? Which was exactly what the union gave to the commissioner and the National Football League. Or do we want every player to be running for the courts? I'm guessing we don't want them clogged with players. But this is an

issue, because of this decision yesterday, it's something that now we're looking at it.

BERMAN: No, and it's a great point, Christine. Whatever glee I might have in the fact that Tom Brady can play, you raised excellent questions here. Why should our court system be tied up with the deflated footballs.

You know, and again, there are people also who know that the domestic abuse and deflated football are two completely separate things, and the fact that they are in the same conversation gets to inadequacy of the system in the NFL right now.

[06:55:01] But maybe it shouldn't be the commissioner at all. Maybe it should be -- and they will do it in the next collective bargaining -- maybe there should be an independent arbitrator someone outside the league not connected to the players making these decisions.

BRENNAN: I think that's a great point, John. Also, though, keep in mind, that the players have not wanted the ability to discipline themselves. You know, they wanted to give that power to the commissioner.

So, do they really want to take that on? Do they want to be part of the solution, or they just to be able to blame Roger Goodell? Of course, a big issue we are seeing is Greg Hardy, of course, a terrible domestic abuser, just a monster, what he did, far worse than the Ray Rice punch, which was terrible in and of itself.

And Greg Hardy now might be looking at this Brady decision, and seeing if he could reduce a ten-game suspension that Roger Goodell gave him, already reduced to four. Could Greg Hardy, this abuser, actually now use the Brady decision to go down to two games or even none and be playing next week for the Dallas Cowboys.

CAMEROTA: Oh my gosh.

BRENNAN: This is the issue now that has been opened up by Berman's decision yesterday.

CAMEROTA: So, what happens to Tom Brady now?

BERMAN: He wins. He wins. That's what Tom Brady does with everything, he wins.

BRENNAN: He wins.

CAMEROTA: I was actually posing it to Christine.

BERMAN: Sorry, sorry. Go ahead, Christine.

BRENNAN: No problem, John.

The circuit court, the second circuit will now look at this. The NFL is going to go there. The NFL has a better chance of winning at that level, the circuit level, than the level it's been at. On the other hand, it goes to that court as a loser.

But, the NFL wants to keep it going to the integrity of the game. I think a lot of people will agree, that you do want to see if a man was cheating or not, and do you want to punish that? Obviously, something happened with those footballs. We know that for a fact.

But Tom Brady I think will be cheered in New England. He'll probably be booed in every other stadium. This story, while it's ended at this particular juncture, it moves on to the playing field and I think the fans will let Tom Brady know exactly what they think .

BERMAN: You know what, he was already going to be cheered and booed everywhere else. It is actually part of the issue here. But, Christine Brennan, as always, I think you are right just about everything.

CAMEROTA: Thanks, Christine. Great to talk to you.

BRENNAN: Thank you very much.

CAMEROTA: All right. We are following a lot of new this is morning, let's get right to it.

(BEGIN VIDEOTAPE)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: I have signed the pledge.

CAMEROTA: Trump officially promises not to run as a third party candidate.

UNIDENTIFIED MALE: Trump slamming debate moderator for asking, quote, "gotcha" questions.

HUGH HEWITT: Do you know the players without the score card yet, Donald Trump?

TRUMP: Nope. I knew you were going to ask me things like this.

HEWITT: It's gotcha.

TRUMP: It sounds like gotcha.

JEB BUSH (R), PRESIDENTIAL CANDIDATE: You have to know who the players are.

UNIDENTIFIED MALE: A new national poll --

UNIDENTIFIED MALE: Trump loses to Ben Carson by 19 points in a head- to-head.

UNIDENTIFIED MALE: Senator Bernie Sanders drawing big crowds.

SEN. BERNIE SANDERS (D), PRESIDENTIAL CANDIDATE: I am leader of the opposition.

BERMAN: Florida officials warning to be on the lookout for a king cobra.

UNIDENTIFIED MALE: Eight feet long. Scary.

UNIDENTIFIED MALE: They are poison. They will attack.

(CHANTING)

FIELD: The controversial Kentucky clerk is taken to jail.

UNIDENTIFIED MALE: She may be jailed behind bars, but her conscience remains free.

UNIDENTIFIED FEMALE: Fine wouldn't be enough to force compliance. Will incarceration do it?

ANNOUNCER: This is NEW DAY with Chris Cuomo, Alisyn Camerota and Michaela Pereira.

(END VIDEOTAPE)

BERMAN: All right. Good morning. Welcome back to your NEW DAY.

We begin this hour with Donald Trump. A lot of people saying Trump seemed confused when a radio host asked him questions about terror groups. But the Republican frontrunner not offering any apologies, oh no, and his support not budging, oh no. In fact, the latest national poll shows Trump hitting new highs as he officially promises not to run as a third party candidate.

CAMEROTA: Meanwhile, on the Democratic side, Vice President Biden giving a candid and emotional answer when asked if he will run for office, this as Bernie Sanders tries to close the gap with Hillary Clinton.

We are following all of the latest developments beginning with senior Washington correspondent Joe Johns.

Good morning, Joe.

JOE JOHNS, CNN SENIOR WASHINGTON CORRESPONDENT: Good morning, Alisyn.

Another Trump public relations victory with the chairman of the Republican National Committee going to Trump's office in New York to get him on the team. It was just last month Trump said he would not pledge allegiance to the eventual Republican nominee. But for now, the billionaire businessman says he's on board.

The pledge is not legally enforceable, but at the very least, it gives the Republican establishment a little emotional assurance he won't launch a third party run if he loses the nomination.

(BEGIN VIDEOTAPE)

TRUMP: I have signed the pledge.

JOHNS (voice-over): Trump promising not to run as a third party candidate and in the process gaining a political benefit for himself.

TRUMP: I will be totally pledging my allegiance to the Republican Party.

JOHNS: The move means Trump would have the backing of all the GOP candidates if he wins the Republican nomination in 2016.

JEB BUSH (R), PRESIDENTIAL CANDIDATE: This is not a guy who is a conservative.

JOHNS: It could also combat one angle of attack from Jeb Bush about Trump being a phony conservative, like in this ad depicting Donald Trump and Hillary Clinton as, quote, "two sides of the same coin."

HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: Under Democratic presidents, people do better.

TRUMP: The economy does better under the Democrats than the Republicans.

JOHNS: Jeb coming out swinging in New Hampshire Thursday.

BUSH: When he attacks me personally or disparages my family, damn right I want to fight back.