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New Day

Second Papal Mass in Ecuador; Undocumented Immigrant Shooting Draws Controversy; Bernie Sanders Making Inroads; Hillary Clinton to Give First National Interview Tonight. Aired 8:30-9a ET

Aired July 07, 2015 - 08:30   ET

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

(COMMERCIAL BREAK)

[08:31:52] MICHAELA PEREIRA, CNN ANCHOR: Pope Francis drawing hundreds of thousands to a mass in Ecuador with an even larger crowd of up to a million people expected today. The pope asking the faithful there to pray for miracles in a country facing overwhelming challenges.

CNN's Rosa Flores is along for the ride. She's live in Ecuador at the site of today's mass.

Rosa.

ROSA FLORES, CNN CORRESPONDENT: Michaela, good morning.

More than a million faithfuls expected to celebrate the holy mass with the holy father here in Bicentennial Park in Quito, Ecuador. Now, what you see behind me is the alter where the 78-year-old pontiff will celebrate mass. I can tell you too, a little while ago that alter was covered with a tarp. We're dealing with a bit of inclement weather here. But that is not stopping faithfuls. People slept here at Bicentennial Park waiting for the opportunity to see the first Latin American pope.

Now, this mass is expected to be dedicated to evangelization. Now, we know that the pope has been evangelizing from the periphery, close to the poor, close to the most needy. Now, yesterday, during that mass, they dealt with high temperatures. It was very hot and very humid, yet hundreds of thousands of people flocked to celebrate mass with the holy father. And, Michaela, we're expecting today, again, a million faithfuls gathering here in Quito, Ecuador, to celebrate mass with Pope Francis.

PEREIRA: My goodness. What a sight to behold. Rosa, we're so glad you're there.

Time now for the five things to know for your new day.

At number one, Bill Crosby admitting to -- in newly unsealed court testimony from back in 2005 that he obtained prescription sedatives to give to women he wanted to sleep with. However, Crosby not admitting to drugging anyone. Talks on a nuclear deal with Iran extending yet again. The new

deadline, now July 10th. Iran's demand to lift a U.N. arms embargo is the latest of several difficult sticking points.

A confessed shooter who killed a woman on a San Francisco pier is set to be arraigned today on murder charges. Francisco Sanchez, an undocumented immigrant, saying he shot Kate Steinle by accident.

The South Carolina state senate voting 37-3 in favor of removing the confederate flag from capital grounds. A final vote is expected today. If two-thirds of the legislature approves that bill, it goes then to the state house.

Hillary Clinton set to speak to CNN in her first national TV interview as a 2016 presidential candidate. Clinton's media strategy so far has been avoiding reporters and it's come under fire. This as Bernie Sanders gains in the polls.

And for more on the five things, you can always check out newdaycnn.com for the latest.

Chris.

CHRIS CUOMO, CNN ANCHOR: Murder charges for that undocumented immigrant who killed a woman in San Francisco. Why was he free to walk the streets in the first place? We're going to talk to the sheriff of San Francisco County who says it's not their fault.

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[08:38:55] CUOMO: Undocumented immigrant Francisco Sanchez is now charged with murder in the shooting death of 32-year-old Kate Steinle. But did San Francisco's status as a sanctuary city contribute to the murder? Ross Mirkarimi, he is the sheriff of San Francisco County, and he is with us right now.

Sheriff, thank you very much for being here.

The allegation is fairly straightforward. All you needed to do was pick up the phone and this might not have happened. Fair criticism?

ROSS MIRKARIMI, SAN FRANCISCO COUNTY SHERIFF: No. San Francisco and 300 other cities, municipalities throughout the United States, have changed their local laws as it relates to how they interface with I.C.E. I.C.E. has been well aware -- Immigration Customs and Enforcement -- that jurisdictions like ours requires them to have a court order or a federal warrant for the transference and deportation process. They've been well notified of this and they did not follow through.

CUOMO: Here's I.C.E.'s statement. Let's put it up for the audience so they can understand the context of what's going on here. "We're not asking local law enforcement to do our job. All we're asking is that they notify us when a serious foreign national criminal offender is being released to the street so we can arrange to take custody." [08:40:14] You say that the operative document, the detainer, is not a legal document and you don't have to act on it. Why be resistant to something as simple as this request?

MIRKARIMI: Well, this isn't something that's cavalier, nor is it ad hoc. This has been affirmed by the U.S. federal district court in Oregon, Miranda Olivares versus Clackamas County, and the U.S. Court of Appeals Third Circuit that local governments had been getting into significant trouble and liability because of false detainment. And they affirm local laws like San Francisco and the 300 other municipalities and rapidly growing that are changing their laws. And these laws are coming into effect because of the absence, I think, of comprehensive immigration policy on the federal level. And I.C.E. has been made well aware of it about San Francisco and many other counties in California.

CUOMO: They have problems on the federal level. There's no question. The issue is whether or not your local law is making it better or worse. I know the third district -- third circuit case that you were referring to. While it is factually very different from this one, I understand the operative principle. But I don't know how it applies here, sheriff, because all you had to do was not incur any liability, it was just to let the federal government know that you were releasing on a drug charge this person that you knew, or should have known, they were actively seeking to remove from this country. Isn't that right?

MIRKARIMI: It's true except that becomes a subjective process. And the term detainer is a misnomer. It's a voluntary act. It has no legal basis and it's not ground in any legal foundation. Again, what has been affirmed by federal court is that local governments have a right to move forward in stipulating how we interface with I.C.E. so that this process is more clean.

CUOMO: Right. But that was to avoid --

MIRKARIMI: And that process requires a legal instrument.

CUOMO: But that was to void, sheriff, pardon my interruption, that principle was to avoid discrimination, undue targeting, holding people without basis. None of those applies in this case. So I don't know why you keep citing that law.

MIRKARIMI: Well, because it --

CUOMO: And while you say it's subjective. All they wanted was a phone call that say, when you drop the drug charge, let us know because we're trying to kick the guy out of the country for other reasons.

MIRKARIMI: Well, those other reasons are well known to I.C.E. since he had been deported and illegally reentered five times. Under the immigration --

CUOMO: What does that have to do with your decision?

MIRKARIMI: Well, under the Immigration Nationality Act, they could have just acted without even interfacing with San Francisco because he was brought here, the suspect, on a years old warrant for marijuana and narcotics possession. We even rarely prosecutor on marijuana possession.

And so the charge was summarily dismissed as soon as he was here by the magistrate. And the suspect was detained for two and a half weeks longer than his release date. And that's where you get into hot water. I.C.E. has to -- they did know because of his rap sheet about the warrant. And then what is not news to them, like many other local governments, you need a court order and a warrant. That is what has been determined by local law. And we adhere to the laws. That's exactly why I'm sheriff, is that we adhere to the laws. We honor all warrants and all court orders. But a document that does not have voluntary grounding -- I'm sorry, legal grounding becomes problematic.

CUOMO: Fair point. And you're saying that I.C.E. did have reason to know that you had this man and what the disposition of his case was vis-a-vis the magistrate. So if they wanted to know, they could have known.

Now, the reason I'm testing your position in this is because it's a window into the larger problem. And what is your perspective on that? Why do we have a system where the local governments have to design rules to change how much I.C.E. can interfere with them?

MIRKARIMI: Well, I think I ingestured (ph) this earlier by saying that absent of a federal comprehensive immigration policy, and especially as it intersects with the criminal justice system, really local governments and state governments are -- it's defaulting to us. And we have a large immigrant population in San Francisco, as it's well known, I think, in California, and in many cities throughout the United States. And our sanctuary city laws, I think, are important to us and law enforcement because we're trying to build trust and build a level of continuity with our immigrant non-English speaking population. And it's true that some will be undocumented.

But before that those laws came into place, it was only exacerbating and making public safety worse by the lack of reporting, by the under reporting, by communities that are venerable being preyed upon.

[08:45:06] We needed to do something to bound (ph) that, and I think our sanctuary city laws do work.

And as heinous and as senseless as this tragedy is, what it really does is spotlights I think an impasse and a natural tension that exists between local, state, and federal government, because what is and more importantly what is not working, as it relates to ICE and its practices comporting with local government needs.

CUOMO: Sheriff, thank you very much for your perspective on this. Appreciate it. It's a big national dialogue going on.

MIRKARIMI: My pleasure.

CUOMO: It's good to get you to weigh in. Alisyn.

ALISYN CAMEROTA, CNN ANCHOR: OK, Chris, Hillary Clinton remains the Democratic favorite, but Bernie Sanders is making inroads in Iowa. So what's Hillary's new strategy? Our political panel tells us next.

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CAMEROTA: Bernie Sanders gaining momentum in Iowa. Once considered a long shot, some polls suggest he's making striking gains on Hillary. So what is her next move? Let's ask our CNN political commentator and Jeb Bush supporter Ana Navarro. And CNN's political commentator and Democratic strategist Paul Begala. Paul is a senior advisor for a super PAC supporting Hillary Clinton.

Great to see both of you guys this morning. Paul, I want to start with you and I want to put up this latest Qunnipiac poll. It's very interesting, because it shows where Hillary Clinton and Bernie Sanders were just two months ago on May 7 versus where they are today.

[08:50:03] And as you can see, Hillary Clinton has ceded some ground from 60 percent to 52. Bernie Sanders has more than doubled his support of Iowa caucus-goers. That is, these are Iowa Democrats. 15 percent to 33 percent. What do you make of these numbers?

PAUL BEGALA, CNN POLITICAL COMMENTATOR: Well, first, they're real. Bernie is real. And, Alisyn, it's a burden I carry and I hope it carry it with grace, this burden of prophecy. How many months have I come on our air and said, when Bernie was a blip, that this was not going to be coronation? And it won't be.

By the way, look at that number in that, 52 -- Hillary will not get 52 percent in Iowa in 209 days. She will not. Nobody has gotten over 50 percent in the Iowa caucuses in either party except incumbent presidents, vice presidents, and Tom Harkin, the legendary Iowa senator who was a home state favorite. She won't get 50. Nobody does in my party or in the Republican Party. This is going to be a real race, and I think actually that's good for the Democratic Party.

CUOMO: Ana, let me ask you something. Do you believe that Begala and his fellow lefties are so anxious for this robust process that he ably promotes or do you think that they're worried that their big dog is slipping in the polls?

ANA NAVARRO, CNN POLITICAL COMMENTATOR: Both. I think they're playing the game --

CUOMO: What are you, a politician?

(LAUGHTER)

CUOMO: That isn't why I have you on here, Navarro.

NAVARRO: You know, it's nice to have your back, Cuomo. I don't know where you've been all this week. Enough with the fishing and frying of zucchini flowers Get back to work.

Look, I think, No. 1, they're playing the game of low expectations, and, No. 2, they're looking at what's happening and they have to acknowledge it. He is getting thousands and thousands of people in relatively small states. He had a sellout crowd of thousands of people in Maine yesterday. He had 10,000 people in Wisconsin. He had thousands of people in Colorado, thousands of people in Iowa. I mean, Hillary Clinton couldn't get that amount of people if she paid them.

And I also think that he's out there. He's answering questions. He's getting his tires kicked. There is a devastating "Union Leader" editorial today calling Hillary Clinton HRC, or her abbreviations, calling her "Her Royal Clintonness". Because you don't go to New Hampshire and do the royal wave from behind ropes and not actually exchange with voters and press. And I think it's turning people off.

CAMEROTA: Paul? Why is Bernie Sanders generating more excitement, as Ana lays out?

BEGALA: Well, there is enormous excitement on the populace left. First of all, there always is. There's always a liberal insurgent in my party. Sometimes like Barack Obama, he wins. Sometimes like Howard Dean, he loses. Bu they do great good for the pa party. And I think Bernie does do a lot of good for the party.

But I do want to take up this "Union Leader" editorial, first off one of the most notoriously right-wing newspaper editorial pages in American history is "The Manchester Union Leader" in New Hampshire. But Hillary is doing exactly the opposite of what she did last time. Last time, it was a fair criticism. She ran like the Queen of England, coming in with her helicopter and waving at the masses. This time, she's running person to person, voter to voter. Now, it annoys the press, but I think she's correcting that, giving an exclusive interview to CNN today.

But she has been going voter to voter. It's -- that's I think the most important thing, is that she's going for the long haul, person to person, voter to voter. I think the excitement Bernie is drawing and the crowds he's drawn are fantastic, they're real, and they will continue to grow. There will come a time in Hillary's campaign where she does the same thing; that's fine. But she needed to start at the grassroots. That was the most important thing for her.

CUOMO: Paul, help me understand something, as you've done for most of my life. You keep saying that she wants to take it to grassroots person by person. How do you square that with shutting out the media? I don't get how the two go together?

BEGALA: Because you're not a person, Cuomo. You're the media. She listens to real --

CUOMO: That hurt my feelings; it did not help me understanding.

(LAUGHTER)

CAMEROTA: He doesn't have feelings, but if he did, it would hurt them.

BEGALA: I had my feelings surgically removed years ago. So I'm sorry if I offended. No. She is the most famous woman in America perhaps, one of the most famous women in the world. And yet what she wants to do is go person to person. That's why it was a terrible optic and I'm glad they're correcting it, or I hope they are --

CAMEROTA: Of the rope line.

BEGALA: Roping off the press is horrible.

CAMEROTA: That was not good.

CUOMO: You liked it.

BEGALA: But motivated by a desire to actually talk to people without the pressure of the media filming them.

CAMEROTA: To keep the press at bay. All right, Ana, what do you think? Is her new strategy, it appears, now that she's giving this interview tonight to CNN, to begin speaking to the media and more access?

NAVARRO: First of all I'm really happy she's giving it to CNN, because one of the guys ropes up like cattle on Sunday in those parades was CNN's Dan Merica, so I think she owes it to us to unrope, unleash, free --

CUOMO: But look how Dan was testing the line. That's what we do at CNN, test the line.

NAVARRO: Brianna Keilar needs to show up there with some box cutters in case they try and rope her in.

But, yes, they have to try to correct course. Because she's not going voter to voter.

[08:55:02] The truth is all of her events have been prescreened, pre- selected, safe and scripted. The voters she's seeing, (INAUDIBLE), they could almost all fit into a phone booth. That's not the way you do things this Iowa, certainly not the way you do things in New Hampshire. And I think people are getting kind of bored by it.

CAMEROTA: All right, Ana, Paul, thank you very much. Thanks for previewing what is to come. Be sure to tune in, both of you and everyone else, later today for Hillary Clinton's --

NAVARRO: We'll be watching.

CAMEROTA: Thank you. First national interview here on CNN. The interview will take place at 5:00 p.m. on "THE SITUATION ROOM" and then again on "ANDERSON COOPER 360" 8:00 p.m., and she will be tested tonight. We'll have more tomorrow on NEW DAY of course.

CUOMO: Mick.

PEREIRA: We've got the Good Stuff next, so wait for that. We'll be right back.

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CUOMO: Be honest, if you saw this man that I'm about to show you standing on the street, what would you do? Would you be afraid? Cross the other side, not make eye contact? Well, that is a person just like you. But the question is, can you do this?

(VIDEO CLIP PLAYING)

CUOMO: That's former Marine -- I didn't really give him his due there. That's former Marine Donald Gould who fell on hard times after returning from service.

[09:00:03] He's been playing piano since the age of 7. He could play everything, from Bach to Sticks.

CAMEROTA: That was Sticks, I heard it.

CUOMO: At the pop-up piano that they put out in Florida there. The videos are going viral. Millions have seen it. He says the only person he wants to see it, his estranged son. The reason I'm showing you this, and you should listen to him play online -- it's amazing, everyone has value. Homeless or not. Remember that.

PEREIRA: Maybe his son will hear this and hopefully connect.

All right, nice way to end the show. Let's turn it over to "NEWSROOM" and Ana Cabrera in for Carol Costello. Good morning, darling.

ANA CABERRA, CNN ANCHOR, "NEWSROOM": Good morning, guys. Thanks so much. "NEWSROOM" starts now.