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New Day

Fraternity Shut Down on OU Campus; Does University of Oklahoma Have Racism Problem?; Did GOP Iran Letter Break the Law?; Did SNL Predict Hillary Clinton's Future?

Aired March 11, 2015 - 07:30   ET

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

(COMMERCIAL BREAK)

ALISYN CAMEROTA, CNN ANCHOR: We are following breaking news this morning, seven Marines and four soldiers missing after their Blackhawk chopper went down during a night training exercise. This happened near Eglin Air Force Base in Florida panhandle.

The chopper going down over water, search and rescue crews say they have found debris on a remote stretch of beach. The cause of the crash is still unclear, but there was dense fog in the area as you can see it is still in the area.

This is a live shot of this morning, look at it down there in Florida. We will bring you more as we have details of this breaking news.

MICHAELA PEREIRA, CNN ANCHOR: The political war of words triggered by a letter to Iran signed by a group of 47 Republican senators could put a nuclear deal with Iran in jeopardy. The White House is concerned that the Iranian hardliners could use the letter to derail the process.

A new round of talks with Iran is set to begin on Sunday in Switzerland. In the meantime, it appears the GOP letter may have violated a federal law, the Logan Act, which dates back to 1799.

CHRIS CUOMO, CNN ANCHOR: Big news, Ben Stiller teaming up with Owen Wilson once again and bringing back blue steel for "Zoolander II." The comedy duo making it official while walking the runway for Valentino during Paris Fashion Wee, their walk-off, an epic rematch from the first film. I still have memories. "Zoolander II" expected in movie theaters next February.

PEREIRA: That's kind of a tough act to follow, but I will do it nonetheless. We're going to turn one of our top stories here, apologies overnight from two former University of Oklahoma students involved in the racist fraternity chant.

Their apologies coming after the school president expelled them and shut down their fraternity on campus. While many think expelling the students is a good start, is it actually legal?

Here with us, Russell Wilson, a board member for the National Black Alumni Association of OU, as well as the president of its Dallas chapter. He is also the former assistant district attorney for Dallas County, the right man to talk to about all of this. And no, you're not that Russell Wilson of NFL fame. Good morning to you, sir.

RUSSELL WILSON, ALUMNUS, UNIVERSITY OF OKLAHOMA: I'm not Russell Wilson of NFL fame, but I certainly appreciate you having me on this morning.

PEREIRA: We really are glad to talk to you about this. You were an undergrad at OU, 1992 and on, and then a law student in '95, what was the OU like that you attended?

WILSON: I enjoyed my time at the university, but we did have issues that set us back some as it relate to racial issues.

PEREIRA: You even had your own situation, did you not?

WILSON: Right. Yes. I had my own situation where at a football game, another law student who was in a position at the university used an inappropriate racial slur and ultimately I saw the resignation of that student in a public forum through posting a letter to the university. The student ultimately resigned from the position that he held.

PEREIRA: Did you like the way the school reacted to your complaint?

WILSON: You know, overall, the administration was receptive to the complaint and everyone did acknowledge that the conduct was wrong. The concern that we have today is that we're seeing similar type incidents repeated.

And you know, it was something that we certainly felt like would have been behind us, and there's an ongoing concern regarding the circumstances of African-American students at the University of Oklahoma. That concern I think is shared by alumni, undergrad and you know, it's across all races.

PEREIRA: We saw some apologies come out from the parents of one of the students that were expelled. One of the other students that were expelled issued his own statement. He talked about the fact that yes this song was taught to us, but that doesn't work as an explanation.

What concerns me about that is that it was taught. That's really troubling. So do you believe that this is indicative of the fraternity and where it stands now and the beliefs it holds if or a larger societal issue?

WILSON: Well, this is, I think a larger societal issue. I think one of the important things to remember is, we identify university students as leaders of tomorrow. And the ignorance that was being spewed in this song is so contrary to all of our values as a country, nation, and ourselves as a former alumni of the University of Oklahoma.

That it's simply shocking. That at a university that students would be taught, a chant like this, and it is indicative of a bigger issue -- PEREIRA: Can I get you to put on your attorney hat for a second

because this is something that a lot of people are getting a little frustrated about and I read this interesting op-ed in the "Washington Post."

In part it says, "Under the First Amendment, though, the government including the University of Oklahoma, generally cannot add to this price whether the offensive speech is racist, religiously bigoted, pro revolutionary or expressive of a viewpoint, however repugnant it could be. Racist speech is constitutionally protected."

However vitriolic this is, is this kind of speech protected, do you believe?

WILSON: Absolutely not, you know, Title VII in the 1964 Civil Rights Act, they do not protect hate speech. Students at the university have an absolute right to live in an environment and study in an environment that's free from racial bigotry.

This wasn't just free speech exercised. This was threatening to hang people and threatening to hang is not free speech. It's these exact words that we're going to incite an environment that students were literally painting on the wall of that building where these fraternity members were housed, was the words "tear it down."

There was law enforcement officers involved here. So any free speech rights would have endangered the entire university and certainly the students themselves have expressed concerns for their safety. So that's a nonissue given the content of this speech, which is what would be the determining factor. This was not a free exercise right.

PEREIRA: Russell Wilson, we appreciate your legal mind and we also appreciate you sharing your experience of being a student at OU. We hear it is a great university despite the problems that are plaguing it currently. Thanks so much for your time.

WILSON: Thank you so much.

PEREIRA: Alisyn.

CAMEROTA: OK, Michaela, well, 47 Republican Senators sending an open letter to Iran warning against entering into a nuclear deal with the U.S. This morning, there's a new question -- did this letter break the law?

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CAMEROTA: Welcome back to NEW DAY. The 47 Republican senators who sent the open letter to Iran about a nuclear deal stand by that message this morning, but here's the rub, those senators may have broken a centuries-old federal law. It's called the Logan Act. Here's CNN's Tom Foreman to explain.

(BEGIN VIDEOTAPE)

TOM FOREMAN, CNN CORRESPONDENT (voice-over): A New York paper is calling some Republicans traitors -- those Republicans are defending their actions.

SEN. TOM COTTON (R), ARKANSAS: This is ultimately about stopping Iran from getting a nuclear weapon.

FOREMAN: And all over D.C., critiques are talking about the Logan Act.

(on camera): What on earth is the Logan Act? Well, it is a relic of history. A law that grew out of a spat between the United States and France way back in the late 1700s, cue the fife music.

(voice-over): President John Adams Federalist Party wanted war, but a Pennsylvania doctor named George Logan traveled to France and brokered a deal to stop it. The federalists were furious and passed the Logan Act to make such freelance diplomacy punishable by fines and prison.

And accusations of violation have appeared ever since over Richard Nixon's dealings with Vietnam, Jesse Jackson's talks with Russia and Nancy Pelosi's 2007 trip to Syria and not a single case has ever amounted to anything.

Still on a White House web site, tens of thousands of people have signed a petition for an investigation. Convinced Republicans are now illegally interfering with foreign policy, by sending a letter to Iran's leadership.

But they probably should not expect much. After all, in 2008, candidate Barack Obama chatted with the Iraqis and guess what Republicans hollered about? Yes, the Logan Act, Tom Foreman, CNN, Washington.

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CUOMO: Tom makes a good point that even Dr. Logan never wound up being prosecuted under the Logan Act. So what does it mean now? The letter has many critics, but is it illegal?

Joining us now is a brilliant historian, Douglas Brinkley, CNN presidential historian and U.S. history professor at Rice University. It's great to have you with us, Professor. What do you think? Is it illegal, the letter?

DOUGLAS BRINKLEY, CNN PRESIDENTIAL HISTORIAN: No. It's not illegal, it's a breach of protocol and it's not illegal because the spirit of the Logan Act is never enforced. You just named on your segment a few different examples.

I once did a biography of Jimmy Carter and I found out Republicans have called his entire post presidency his parachuting for peace, a breaking of the Logan Act. So we got to get rid of the Logan Act language.

The reason that people use it and throw it out there, it gives a little bit of a scar, puts the word "traitor" next to those 47 senators' names and nobody likes that. CUOMO: Is it at all instructive that what the Logan Act was born out of is really jealousy, right? Political jealousy about what is going on. Can we extend that as metaphor of what was going on today, the senators signing on to a letter, trying to apparently undermine the president?

BRINKLEY: Absolutely. Look, Ronald Reagan and Jim Wright, who was the speaker of the House, had a huge feud back in 1987-88 and that was because Wright started interfering in negotiation with the contras and Sandinistas of Nicaragua trying to intervene in the ceasefire.

And Reagan screamed Logan Act said rights damaging the White House and of course, nothing ever happened of it. If anything, Chris, I think the end result of this letter and if the letter was written, I think it should have been written to President Obama.

The problem with the letter was that it was sent to the Iranian people, to the ayatollah. But if anything, you'll have Democrats, I think now being afraid to sign on to what's looking like a partisan act coming up here dealing with this very serious issue.

CUOMO: I'm sure as historian you must have really enjoyed poring over this letter, there seems to be so much innuendo, for example, what you just said. This would only be an agreement between the president and the ayatollah, trying to mix in the Muslim angle also for portions of the American audience.

When obviously the P-5 plus one would be all signatories and the ayatollah probably would not. But something else, Professor, did you pick up in the letter how they said it was about explaining the constitution to Iran.

And yet they got the constitution wrong in terms of what Congress's authority is in dealing with the treaty. Congress doesn't ratify treaties, they advise and consent and the president ratifies the treaties. It sounds like a small point, but is it a metaphor for their trying to encroach on the president.

BRINKLEY: It is a metaphor and you're absolutely right. Let's be honest about this. This was a very goofy letter to have sent, Senator Tom Cotton is a very junior senator. The wise Republicans, the old Republican hands in foreign policy stayed away from this kind of letter.

It was showboating of I think the worst kind. And incidentally, the problem with the negotiations with Iran is that what are we negotiating? We're trying to unilaterally have them do a set of principles, in Iran that thing that we want done.

And so the whole spirit of this letter is a little bit cookie and in the end, I think it probably helps President Obama. It's had a boomerang effect in these Republicans.

CUOMO: When you look at the historical precedent, though, is this a bad situation, is trying to negotiate this deal a mistake? Is no deal better than an arguably bad deal? BRINKLEY: That might be the case and look this is a very tough foreign policy issue. Everybody should be weighing in on it, but Congress is going to have a moment. The problem with the letter was they're trying to sabotage the negotiation of a president and it sends a bad ripple effect around the world.

We have to be a country, the United States, that negotiates in good faith and basically these senators were saying that the Obama administration is negotiating in bad faith. They muddled what the purpose of our constitution is in the letter.

It should never have gone to the ayatollah and the people of Iran. So it's just I think a bad foreign policy moment. For Republicans that are very angry at Barack Obama's unilateralism, not just in the negotiation with Iran, but on immigration and using executive power.

Congress is saying we're not going to let President Obama just constantly out executive power us and hence, they did this kind of letter.

CUOMO: Professor, it will be interesting to see if at a later date we're talking about this moment in time as historically some of the worst relationship between Congress and president in terms of projecting American strength. Professor Douglas Brinkley, thank you very much as always -- Mich.

PEREIRA: Always interesting context with him. Thanks so much, Chris.

The euro's stunning free fall it could be good for you if you plan to vacation overseas. Ahead, we'll tell you where it stands against the U.S. dollar.

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CAMEROTA: It's time for a CNN Money Now, chief business correspondent, Christine Romans is here to explain what's going on with the euro and what it means for all of our future trips to Madrid.

CHRISTINE ROMANS, CNN CHIEF BUSINESS CORRESPONDENT: Or Paris. The euro falling to a 12-year low against the dollar, one euro now worth about $1.06, why is this happening? The European Central Bank is trying to jumpstart Europe's economy. It is pumping billions into the Eurozone driving the currency down.

There are also fears about the euro's future. The debt talks resume in Brussels here. At the same time, the U.S. dollars getting stronger because America's economy looks healthier than the rest of the world.

Now that strong dollar great, great, Alisyn, if you're looking to travel to Madrid, to Europe, your money will farther. It also helps make imports cheaper in the U.S. So if you're looking for a Japanese car or an Italian leather bag, now might be the time to start shopping.

But a strong dollar hurts U.S. companies that try to sell their products overseas. It makes them more expensive. It flashes the value of overseas earnings. That's what hurts the stock markets.

PEREIRA: I've learned that every time you bring me good news, there's always a -- to it, all right. I appreciate it. Thanks so much.

Can the writers of SNL see the future? "Saturday Night Live" did a hilarious Hillary Clinton skit. The predictive part of her real life email drama. CNN's Jeanne Moos takes a look.

(BEGIN VIDEOTAPE)

JEANNIE MOOS, CNN NATIONAL CORRESPONDENT (voice-over): Rarely does a comedy skit --

UNIDENTIFIED FEMALE: I want to address that pesky media.

MOOS: Precede the actual event its mocking.

UNIDENTIFIED FEMALE: She sort of squashed, so you got to --

MOOS: It's nothing else "Saturday Night Live" correctly predicted some of Hillary Clinton's gestures.

UNIDENTIFIED FEMALE: If I decide to run, who knows.

MOOS: "SNL's" Hillary revealed specific emails like the one she sent to Bill.

UNIDENTIFIED FEMALE: Take a look to this sexy email I sent to him on our anniversary.

MOOS: But a real Hillary said she didn't keep the personal ones.

HILLARY CLINTON, FORMER SECRETARY OF STATE: Emails about planning Chelsea's wedding, yoga routines.

MOOS: At least Hillary didn't have to confess to Senator Lindsey Graham's cyber sin.

UNIDENTIFIED MALE: You can have every e-mail, every sin.

MOOS: Fake Hillary didn't hide her ambition.

UNIDENTIFIED FEMALE: I was born 67 years ago and I have been planning on being president ever since.

MOOS: The real Hillary side stepped every question about running. At an earlier event, she was described as --

UNIDENTIFIED FEMALE: A future president. I'm just saying.

MOOS: Some are saying what a past president once said.

FORMER PRESIDENT BILL CLINTON: I did not have sexual relations.

MOOS: But they're twisting it to fit Hillary's controversy. I did not have textual relations with that Google and I did not have inappropriate email with that server. Hillary's smile served her well.

UNIDENTIFIED MALE: One last political local question.

UNIDENTIFIED FEMALE: What a relatable laugh. Do I really laugh like that? Well, yes.

MOOS: Better to lol about those e-mails. Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

CAMEROTA: That's great. SNL is so great. They have a crystal ball, though, that one wasn't hard to predict.

CUOMO: This is not a laughing matter yet. However, Lindsey Graham, very instructive, everybody says she should turn over everything. You can have every e-mail I've ever written. I've never written one. Easy to be transparent.

All right, breaking developments, we've been telling you about a Blackhawk helicopter that did go down along Florida's panhandle. There are soldiers and Marines now missing. There's also a frantic search underway. We do have the latest. There are updates with you. Check with us.

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