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High: Who Is Merrick Garland?; Should Democrats Savor Idea of Trump Nomination?; Interview with Rep. Ben Ray Lujan; Jorge Ramos On Taking On Donald Trump. Aired 7:30-8a ET

Aired March 17, 2016 - 07:30   ET

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

(COMMERCIAL BREAK)

[07:31:00] CHRIS CUOMO, CNN ANCHOR: Judge Merrick Garland is facing a long nomination battle if he is to become the next Supreme Court Justice. So, how will Garland handle the process, what's he like behind the scenes, and why is he the man that President Obama chose in the first place?

Let's ask two people who know him well. Attorney Jamie Gorelick worked with Garland at the Department of Justice in the 90's during the trial of the Oklahoma City bomber. And, attorney Beth Wilkinson also worked with Garland at the Justice Department. Her wedding to David Gregory later officiated by Merrick Garland. It's good to have you both here. I want to play a piece of sound from Judge Garland which should go a long way to establishing why he was picked by the president. Let's play it.

(BEGIN VIDEO CLIP)

MERRICK GARLAND, U.S. SUPREME COURT NOMINEE: For a judge to be worthy of such trust, he or she must be faithful to the constitution and those statutes passed by the Congress. He or she must put aside his personal views or preferences and follow the law, not make it.

(END VIDEO CLIP)

CUOMO: This is the correct answer, Jamie, and certainly it should be music to GOP ears if they believe it. Can you tell us some insight from you about this man, Judge Garland, and in terms of whether or not that is what he's about -- what he just said?

JAMIE GORELICK, PARTNER, WILMER HALE: Well, what you just heard is what you get with Merrick Garland. Merrick is a man whose judicial philosophy is quite modest. He has opinions, he reaches decisions, but he does not reach for an ideological position. He's probably the least ideological nominee you could imagine.

CUOMO: Beth -- because when we hear about this judge -- Oklahoma City -- that's why I like that both of you come with that credential. It's always brought up -- oh, did you see what he did there? Did you see how he handled that? That's what you need a judge to be able to do. What was so impressive about what happened during his tenure under the investigation there in that trial? BETH WILKINSON, PARTNER, WILKINSON, WALSH & ESKOVITZ: Merrick was able to bring his intelligence, his decisiveness, his calmness, and his compassion to a situation that was so extraordinary. The country was in turmoil. He flew out, he took charge of the court appearances, he walked the streets for the victims and the law enforcement. And he provided compassion and understanding to all these people while showing a leadership that everyone would want in that type of situation.

He's just an extraordinary guy and you feel like you're in great hands when you're around him. You feel like there's nothing political about the decisions he's making. He's meticulous and careful, but he's really kind and understanding. And I just can't imagine anyone who would bring better judgment and compassion to the court than Merrick.

CUOMO: High praise. Jamie, what do you think sets him apart from other people with high visibility, high power positions? Yes, he's the head of the D.C. circuit, often called the second most important court in the land. What makes him different?

GORELICK: Well, as Beth just said, he combines a number of characteristics which you've seen in his career, whether it was taking charge of the Oklahoma City bombing case or his stewardship of the Unabomber case, or the peace and tranquility, really, that he has brought to the D.C. circuit -- a court which was not a happy place before his chief judgeship.

[07:35:00] He is really smart. He is very careful. He is a sweet person. You could see that yesterday in his remarks. There's a sweetness to him. And as Beth said, he cares about how the law affects people. Beth came onto the trial team -- was one the handpicked trial team in Oklahoma City.

But, Merrick was on the ground at the get-go, and the reason he was there was we needed somebody who would make sure we had a flawless prosecution. Who would relate to the victims. Who would coordinate law enforcement. He brought all of those qualities and then a great deal of heart to that process. I think he'd be a spectacular Justice.

CUOMO: And Beth, you have a special connection here -- not just a professional one, but a personal affinity, as well. You had him officiate your marriage with some guy named David Gregory and let me ask you this. On a personal note, are you worried about your friend, Judge Garland, going through this ugly, ugly process knowing that there's so much stacked against him?

WILKINSON: Not at all. He knows who he is. He has an extraordinary wife and children. He is an overprotective, wonderful, loving father. He and my husband share that. He is a good person. He knows who he is. I mean, he's not a political person.

I think he will make all of us proud as he goes through this process, and whatever happens I know he will keep his head on his shoulders, he will remember what his real job is right now, which is the be the chief judge of the D.C. Circuit Court, and I'm not worried about him at all. I think he'll be magnificent. CUOMO: All right. In terms of -- obviously, there's a lot of politics at play here. We keep hearing the word constitution, but this really isn't about the constitution. It's about what the politicians want to do. Do you think, Jamie, that this is going to wind up in a hearing? What does your gut tell you about what's going to happen here?

GORELICK: Chris, my gut tells me that it's a whole lot harder to say no, I won't meet with someone, no, I won't even consider a judge, when there's a real person. And that real person, Merrick Garland, is someone who has very broad support throughout the legal community -- Republicans, Democrats. You can see that reflected in many of the comments of the senators who know him. So, I just have to be optimistic about this. He is so right for the court. I just think the logic of his appointment will prevail.

CUOMO: Counselors, thank you very much for your perspective, professional and personal, on Judge Garland. We look forward to getting to know more about him.

WILKINSON: Thanks, Chris.

CUOMO: Appreciate it.

GORELICK: Thanks, Chris.

CUOMO: Mic --

MICHAELA PEREIRA, CNN ANCHOR: All right, if Donald Trump is the Republican nominee do Democrats have a general election in the bag? Some party heavyweights warn it would be a big mistake to underestimate the Donald. We'll speak with a top Democrat next.

(COMMERCIAL BREAK)

[07:41:28]

(BEGIN VIDEO CLIP)

SEN. CHUCK SCHUMER (D), NEW YORK: Well, you don't have to ask me the trouble the Republicans are in. Ask Mitch McConnell. He has said if Trump is the nominee, Republicans should run on their own. Well, it never serves the Party well to be divided with their presidential candidate.

(END VIDEO CLIP)

ALISYN CAMEROTA, CNN ANCHOR: The idea of Donald Trump being the Republican nominee is a dream come true for some Democrats who say a Trump nomination means a divided GOP and a win for Democrats in November. But are they underestimating Trump?

New Mexico congressman Ben Ray Lujan is one of those Democrats. He's the chairman of the Democratic Congressional Campaign Committee. Good morning, Congressman.

REP. BEN RAY LUJAN (D), NEW MEXICO: Good morning, Alisyn. How are you doing today?

CAMEROTA: I'm doing well. So why do you and some of your fellow Democrats -- we just heard from Chuck Schumer there -- think that this would be manna from heaven -- a Trump nomination?

LUJAN: Well, I know that we've heard that from Sen. Schumer and from Vice President Biden, as well, but I pray every day that we don't have a president Donald Trump. I think that there's a lot of concern across America when you have someone running for president to the United States viewing the hate and the divisive rhetoric that he is.

But I will say this. Donald Trump has created a lot of optimism for me, as a Democrat, as well as Democrats across the country, with opportunities. What we know as Democrats is what Paul Ryan knows as Speaker of the House and as Republican. Donald Trump is bad for the GOP down-ballot.

CAMEROTA: But, let's talk about it. Let me question you and challenge you about that, Congressman, because he's bringing in new people to vote. The voter turnout is up on the Republican side. Independents are voting for him. Some Democrats are switching over. Is it possible you are underestimating his appeal?

LUJAN: Well, Alisyn, I never underestimate anyone. That's how I was raised. You take everyone seriously. But, these aren't my numbers that I'm using today to validate why Donald Trump is bad for Republicans down-ballot. When Paul Ryan and Greg Walden, the chairman of the Republican Campaign Committee, commissioned some polling before the Republican retreat, it was the Republican polling that showed that 48 percent of people across the country, compared to 40 percent, are less likely to support a Republican down-ballot as a congressional house member if Donald Trump is on the ballot.

So, these are their numbers. So look, for me this is always about one district at a time, one vote at a time, and making sure we're reaching out to the country. But, it's Republicans that are more concerned about Donald Trump than anyone across the country.

CAMEROTA: Some Democrats are also concerned about him becoming the possible nominee. In fact, David Plouffe, who was President Obama's campaign manager in 2008, talked about basically the peril of underestimating Donald Trump. So, listen to this.

(BEING VIDEO CLIP)

DAVID PLOUFFE, CAMPAIGN MANAGER, 2008 OBAMA CAMPAIGN: Well, he's unpredictable, so he could lose in an epic landslide. That would cost the Republican Party congressional seats, senate seats. But, as you see, he's bringing new people out. He does have appeal to blue-collar voters and he'll run a very unorthodox campaign. We've never seen anything like this. And I think that will be very hard for the Clinton campaign because he will be in their face every day.

(END VIDEO CLIP)

CAMEROTA: He sells out both sides of the argument there. Your argument that it could help divide the GOP, but it also could be really damaging to Hillary Clinton, particularly since he has said he plans to throw the kitchen sink at her.

LUJAN: Well, Donald Trump has proven that not only is he willing to throw the kitchen sink at someone, he's willing to throw the sewage plumbing at people as well. He's reaching into the bowels of whatever he has left on his checklist to insult Americans, and that's what's concerning about Donald Trump.

[07:45:00] Here's where I am, Alisyn, with this personally, is when you have someone running for President of the United States that has made it OK to say the hateful things -- the statements full of bigotry -- where Donald Trump is saying that he will defend people that punch protesters in the face, that's just wrong. That's not America, and I really believe that it's Donald Trump, himself, who is going to be his own worst enemy.

But, again, I'm not the one that's most concerned. These are Republicans everywhere around the country. It's why Paul Ryan and Mitch McConnell are trying to show division there. And just use this as an example. Today, Paul Ryan is bringing a bill to the floor that's -- not even a bill -- it's a piece of legislation that is asking the House to take a vote on an amicus brief that is more about the party of Trump than it is about anything else, which is hateful towards immigrants. This is just one example of how Donald Trump has already taken over the House and how it's now the Donald Trump party, not the GOP.

CAMEROTA: But Congressman, if he is the nominee and Hillary Clinton is the nominee, he has said that nothing is off limits. He plans to dredge up her past, he plans to dredge up skeletons in her husband's past. Do you think she and the country can endure a protracted fight like that?

LUJAN: Well, I believe that when we see Republicans across the country like Marco Rubio and Ted Cruz trying to take down Donald Trump -- the reason that hasn't worked is because they're not great messengers on this. They're not authentic. Donald Trump has said the same hateful things that Ted Cruz has and Marco Rubio has. The same anti-Muslim, anti-immigrant, hateful rhetoric, and so there's not a good contrast there.

We, as Democrats, have been having a thoughtful debate policies and ideas. That's where the contrast will be. So, when independents across the country and millennials, young people, old people, people of all ethnicities are looking at the contrast going into this general election it's going to be abundantly clear. And that's how we're going to make sure that people across the country are showing up to the polls and making sure that we beat Republicans up and down the ballot.

CAMEROTA: Congressman Lujan, great to have your perspective on NEW DAY. Thanks for being here.

LUJAN: Thanks, Alisyn. Thanks for having me.

CAMEROTA: We also want to get your take. You can tweet us @NewDay or post your comment on facebook.com/NewDay -- Chris.

CUOMO: All right, Alisyn, do you remember this moment? I'm sure you do. If not, I'm going to show it to you again anyway. Journalist Jorge Ramos challenging Donald Trump at a news conference. It did not go well, or did it? This is not the first time that Ramos has provoked a confrontation. I'm going to have the Univision anchor on. He's got a new book and he wants to tell you why he believes that this was necessary to do with Donald Trump, defending it to the end.

(COMMERCIAL BREAK)

[07:51:32]

CUOMO: There are a million different theories about Donald Trump and the media. You see all kinds of confrontations, all kinds of theories, but Jorge Ramos stands out. What happened with him at a press conference with Donald Trump became a big flashpoint that gave a window into what Trump was about and what Jorge Ramos was about.

Now, there are also lots of opinions about Jorge Ramos. Is he somebody who is just a fearless supporter of the right of journalism and taking up for immigrants, or was he grandstanding to make a point all his own? Well, he takes this on in a new book called "Take A Stand, Lessons From Rebels." And I talked to him about these different incidents that have given him quite a reputation.

(BEGIN VIDEOTAPE)

CUOMO: Jorge, it's good to see you.

JORGE RAMOS, NEWS ANCHOR, UNIVISION: Great to be here.

CUOMO: I like in Spanish where it says singyedo (ph).

RAMOS: Exactly. That translation would be fearless. But in English I think it's important just to take a stand and maybe we thought of that title after this beautiful encounter with Donald Trump.

CUOMO: I remember it so well but maybe people at home don't, so let's play it.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: Sit down.

RAMOS: No, I'm a reporter --

TRUMP: Sit down.

RAMOS: -- an immigrant, and senior citizen.

TRUMP: Go ahead.

RAMOS: I have the right to ask a question.

TRUMP: No, you don't. You haven't been called. RAMOS: No, I have the right to ask a question and the answer is no.

TRUMP: Go back to Univision. You weren't called on.

RAMOS: No, no, no. I'm a reporter and I have -- don't touch me, sir. Don't touch me, sir.

UNIDENTIFIED MALE: You're being disruptive.

RAMOS: You cannot touch me. I have the right to ask a question.

UNIDENTIFIED MALE: You were very rude. It's not about you.

RAMOS: It's not about me?

UNIDENTIFIED MALE: Get out of my country. Get out.

RAMOS: This is not about --

UNIDENTIFIED MALE: It's not about you.

RAMOS: I'm a U.S. citizen, too.

UNIDENTIFIED MALE: Well, whatever. No, Univision -- no.

(END VIDEO CLIP)

CUOMO: I know it's always important to you to show the second part of that exchange. Why?

RAMOS: Yes, because I think it is very dangerous that a presidential candidate attacks an ethnic group. And after he said go back to Univision, which is code word to get out of here, one of his reporters told me get out of my country. That's precisely the kind of hatred that Donald Trump has been promoting since June 16th and I wonder -- nine months ago because where were the press? Where were the candidates? Where were the political parties? Where were the president? Where was the government of Mexico?

CUOMO: What do you mean, where were they?

RAMOS: Exactly, because I don't think we asked him the tough questions. Some people did it, but most of the time they said well, this candidate can't make it. It's not dangerous. And then now, look what's happening right now. Everybody's attacking him but it's probably way too late.

CUOMO: Do you think you went over the line with how you did that as a journalist?

RAMOS: I don't think so. Sometimes when it comes to racism when you are attacking a group -- when you are attacking Mexican immigrants, Muslims, women, you have to take a stand. That's how we're judged as journalists. I think the most important social responsibility that we have as journalists is to prevent the abuse of those who are in power and to confront those who are in power. In this case, Donald Trump. RAMOS: What's the difference between a stand and a stunt?

RAMOS: Well, I think when it's on TV nothing is easy. On TV you're producing everything. But we are people who are not seeing it, but we're in a studio, everything's produced, nothing is easy. You produce TV. That moment, where I was with Donald Trump -- it was produced. There were three cameras. Everybody knew what was going on, and we knew what was going on, and Donald Trump knew exactly what was happening.

CUOMO: Well look, things happen. There's no question things can get tense. They can get hostile. The question is whether or not you did that on purpose because you knew he'd kick you out, and it makes you look like a victim when what you were doing was being evocative.

RAMOS: No, I didn't know exactly how he was going to react. Now I know how he reacts. But the fact is that he just didn't want to answer the question. Look, when he's attacking Mexican immigrants and when he's saying that Mexican immigrants are rapists, and criminals, and drug traffickers, he's absolutely wrong.

[07:55:00]All the studies suggest -- absolutely all the studies suggest that most immigrants are not criminals, or rapists, or terrorists and that immigrants are less likely to be criminals for a very simple reason. They don't want to get in trouble with the police. With all the same thing he wants to build a 1,900-mile wall and then 40 percent of undocumented immigrants -- they either come by train or with a visa. So, that's the kind of rhetoric that he's been pushing. And now, is he surprised to see protesters in his rallies confronting him? Of course not. I'm not surprised.

CUOMO: Look, why am I asking? You and I are cut from the same cloth in terms of we give very direct interviews. That's what we do. I get painted with the same brush. Very often people will say to me you're not interviewing Trump, you're arguing with him, and it's an interesting line. My feeling is that I take him on, on the basis of his arguments. I got that you were going to be criticized because it comes to well, what is the premise of your question? I don't like the wall. I don't like how you treat immigrants. That's an opinion. That's not a premise for a question.

RAMOS: No -- no, no, you have to remember that I'm working for a Spanish-language network.

CUOMO: Yes.

RAMOS: Not only Univision (ph), it's in English. Whenever you see it on TV it's in Spanish. And the fact is that the vast majority of immigrants don't agree with what Donald Trump is doing, so what do you do?

CUOMO: Absolutely true.

RAMOS: You got to bring that issue and address it to the candidate.

CUOMO: The Hillary Clinton town hall -- good questions, good debate, good real focus on what mattered to a lot of people. You got a lot of kudos. When you asked her the question about if you're indicted would you stay in the race.

RAMOS: Yes.

CUOMO: What is the basis for that question -- provocative, provocative -- you got a lot of people talking about it, but where do you get the suggestion that if she's indicted? Where does that comes from?

RAMOS: For a very simple reason. There's an FBI investigation, right?

CUOMO: Yes.

RAMOS: OK, so that's the --

CUOMO: But, do we even know that there's a grand jury?

RAMOS: There's a possibility. Many people think that because of the majority of Latinos vote for the Democratic Party that are we supposed -- am I supposed to treat Democrats differently than Republicans? Absolutely not.

CUOMO: No, this is different.

RAMOS: The Democratic Party -- they don't have a plan B. What happens? What happens? Is that a possibility?

CUOMO: It is a very, very remote possibility and what's the balance --

RAMOS: We don't know.

CUOMO: Well, we do know.

RAMOS: I can ask generally. We just have to ask.

CUOMO: No. We know that it's a remote possibility because we know there's not grand -- we don't know if there's even a grand jury. The FBI -- I know you know this -- the FBI doesn't indict, right? They would make a recommendation.

RAMOS: It would be the Department of Justice.

CUOMO: So, we're not even at that point. They haven't even recommended anything.

RAMOS: I think my responsibility is to ask tough questions to all the candidates, Democrats and Republicans. And we have to do that. At the end I think it's always better to ask a question than not to do that. How many times have you had an interview and then you finish the interview, you go home, and you say, I should have asked that.

CUOMO: I wish I would've asked that. Every single time.

RAMOS: It happens to me all the time.

CUOMO: Every single time.

RAMOS: So, I'd rather be criticized for asking a question than for not asking the question.

CUOMO: The book is "Take A Stand". The man is Jorge Ramos. Always a pleasure.

RAMOS: Thank you so much.

(END VIDEOTAPE)

PEREIRA: It's always interesting to hear people's insight into how they felt going into something and why they did it, even though it may be viewed many different ways, right?

CAMEROTA: Of course.

PEREIRA: Your intention may differ from the reaction.

CAMEROTA: Yes. It's particularly interesting to hear from him because he became this symbol of the fight against Trump if you're a journalist, if you're Hispanic -- so many things. So, I liked --

CUOMO: Is he an advocate? Is he a journalist? But, what I like about Jorge is he's not blindsided by any of this.

CAMEROTA: Not at all.

CUOMO: He knows exactly how people are going to see things and he goes into it with his eyes open, and this interview will wind up being another example of this. I agree with a lot of what he said in terms of your disposition as a journalist. I was testing him as part of helping him make his points. I will now get blamed for being against Jorge Ramos and protecting Hillary Clinton and protecting Trump, and that's how it works. You have to be open to that criticism.

CAMEROTA: You should stop reading Twitter.

PEREIRA: Agreed. Here, here.

CAMEROTA: I think that that would really help.

CUOMO: Well, it's not just Twitter. I get emails. These bloggers now that get equal weight anything that we do.

CAMEROTA: I delete. I'll show where the delete button is.

CUOMO: Oh, you'll read it. This is what they say. They say -- don't send a tweet. I'll break my length and resolution. That's what they do. They say you shouldn't read it -- we all read it. We all read it.

CAMEROTA: I really don't read -- the star of our show.

CUOMO: Oh, she's so full of blarney.

CAMEROTA: I haven't read Twitter for a long time.

CUOMO: Happy St. Patrick's -- yes, it's on there right now. All right, following a lot of news. Pick that pen up. Let's get the latest in Donald Trump's latest controversial comments. I have to pick up this pen. We'll be back with you in a second.

PEREIRA: Deep knee bends. Go ahead.

(BEGIN VIDEO CLIP)

TRUMP: I think we'll win. If we didn't, I think you'd have riots.

SEN. TED CRUZ (R-TX), PRESIDENTIAL CANDIDATE: I think the people would quite rightly revolt.

BEN CARSON (R), FORMER PRESIDENTIAL CANDIDATE: There's no question that there would be a lot of turmoil.

HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: This may be one of the most consequential campaigns of our lifetime.

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: I am nominating Chief Judge Merrick Brian Garland to join the Supreme Court.

MERRICK GARLAND, SUPREME COURT NOMINEE: This is the greatest honor of my life.

SEN. MITCH MCCONNELL (R-KY), MAJORITY LEADER: Give the people a voice in filling this vacancy.

UNIDENTIFIED FEMALE: The moments after an airstrike. Dazed survivors stagger from the rubble. The backdrop of this vicious war.

(END VIDEO CLIP)

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