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Trump Refers to Judge as Mexican; 1964 Ads Similar to 2016 Campaign. Aired 8:30-9a ET

Aired June 02, 2016 - 08:30   ET

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

(COMMERCIAL BREAK)

[08:32:22] (BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESUMPTIVE PRESIDENTIAL CANDIDATE: If you don't learn from the people that we're going to be putting forward, and these are all people that are hand-picked by me, then you're just not going to make it in terms of the world of success. I think the biggest step towards success is going to be sign up at Trump University.

(END VIDEO CLIP)

CHRIS CUOMO, CNN ANCHOR: Donald Trump on the sell, now facing three separate lawsuits over the defunct Trump University. They all arise from one central charge, that the for-profit school used misleading sales techniques and pitches to lure students into ponying up big money, including the one that you just heard in that Trump University ad. What is the case for and against? You're hearing a lot about this, but in the context of politics. This is about the law. This is a trial. So let's do it that way.

We're going to have on the plaintiff's side, we have CNN's legal analyst and senior trial counsel at Callan Legal, Paul Callan. And making the defense case, didn't want to be in person with Callan, you take that for what you want, but criminal defense attorney Danny Cevallos.

So, plaintiff goes first in these civil suits. What is the main shtick that the plaintiffs can bring to play?

PAUL CALLAN, CNN LEGAL ANALYST: Well, I have to say, Mr. Trump is off to a particularly bad start in this lawsuit. I mean the first thing he does is attack the judge, accusing him of being Spanish or Mexican. The judge is born in the USA, just like Trump's plane and -

CUOMO: Don't play politics with me, Callan. Stick to the merits of the case.

CALLAN: All right, let's talk about the merits of the case. The -

DANNY CEVALLOS, CNN LEGAL ANALYST: Yes, objection, this is not relevant.

CUOMO: Sustained. CALLAN: The plaintiffs in this - I don't know what they teach at the Wharton School of Business but the - attacking the judge is not a good way to start.

But when those attorneys get up to argue, they're going to have a tough case to argue against because this Trump University is the Veg- O-Matic of public universities. Remember that guy Ron Popeil, the pitchman?

CUOMO: Ron Popeil.

CALLAN: That's right.

CUOMO: Great.

CALLAN: Well, at least when he sold you the Veg-O-Matic it was capable of cutting tomatoes. In this case, Trump is trying to sell these students on the idea that he's personally going to be involved, that he has the secrets of successful investing and he's going to pass it on to them. Of course what the evidence will show is that Trump University existed for one purpose, to fleece the students.

CUOMO: All right. Hold on. Danny Cevallos, the main defense to that charge?

CEVALLOS: It's simple, and you use the judo defense. You say essentially, look, this is like many legal enterprises, like infomercials and like actual universities. I mean, when you take a step back, what do actual universities and other higher education places actually guarantee? Virtually nothing.

The key here for the defense, put forward any actual substantive educational materials. Point at them and say, listen, these students may not be satisfied with their education, with their purchase, but who really is in this world when it comes to education? We gave them substantive materials and substantive information and that was the value that they paid for.

[08:35:20] CUOMO: Ninety-eight percent approval rate, by the way, from students.

CALLAN: Yes, that's a phony statistic because those students filled out those forms in front of the professors who were teaching them for three days. And the way the scam worked, and the reason we're calling it a scam, is because these students were called in, day one they're paying $1,600 to get all of the knowledge that Donald Trump is going to pass. Donald Trump, by the way, never shows up. Donald Trump never picks the professors, as he promised he would. They fill out a credit application. On day two, they're told, ah, it's time so sign up for the Trump Gold Elite Program. Now that may boost the cost to you, the student, from anywhere up to $30,000. There's one student who paid $60,000. Many of these people were elderly. They drained their 401(k) programs to pay the money to learn, what?

CUOMO: Caveat emptor, buyer beware. They had a choice, Callan, did they not? CALLAN: There's - you know, I think back to Thomas Jefferson, who, when he wrote the U.S. Constitution and founded the University of Virginia, as compared to Mr. Trump in this case, what's his legacy going to be? Trump U - he founded Trump University or who's your daddy university? Because the only way you get rich on the Trump formula is using your daddy's money.

CUOMO: Callan is coming at you with a Thomas Jefferson closing. What do you have for that, Cevallos?

CEVALLOS: Every time Callan goes back to the Constitutional Convention, I know that he's reaching and he's run out of material.

I will tell you this, you talk about that 98 percent approval rating. And, yes, there are people coming forward saying, oh, I was pressured to do that. But, Mr. Callan, how is that going to look at trial when you cross-examine that person? Sir, you filled out this form. You said you liked it. Yes, I did. Do you typically sign and put your name to things that you don't agree with? Ah, gee. And whatever that person answers is going to be a massive, massive loss of credibility. So these witnesses -

CALLAN: You know, Danny, you know, Danny, I'm just curious - just one question. You representing Mr. Trump in this lawsuit, are you going to roll in the cardboard cutout picture of him that the students who paid upwards of $30,000 were treated to during the course of their education at Trump University? And, by the way, I can't call it Trump University, of course, because the state of New York has banned the use of that name because it's not really a university, it's more like Veg-O-Matic university.

CUOMO: Oh, that's got to sting. Cevallos, what do you have for that?

CEVALLOS: I have for that - I go back to the same thing. What did these student, if you call them students, what did they reasonably expect and what would a jury looking at what their expectations were really find reasonable? That's the question.

CALLAN: Ah, it's two - that's two question.

CUOMO: Let him finish.

CEVALLOS: If you paid that money and you really only wanted to meet Donald Trump -

CALLAN: Geez.

CEVALLOS: If you paid that money and the only reason you paid it was because you really thought you would meet Donald Trump, was that a reasonable expectation and is that what the university promised? Probably not. Look, the defense's move is to compare these practices, not to fraudulent practices, but too mere puffery.

CUOMO: Puffery.

CEVALLOS: Sort of the - the sort of boastful nature of advertising. CALLAN: Ah, right.

CUOMO: Good term. Puffery. What is puffery?

CALLAN: You know -

CUOMO: What's puffery, Cevallos? Last point.

CEVALLOS: Last point. Puffery - the difference between puffery and fraud is a fine one. But generally courts look to the specific - the specific, you know, claims about a product, rather than general product claims, and whether or not those specific claims induced the plaintiff to rely on those promises. That's what this court would look at.

CALLAN: In other words, so the defense is, Trump University is guilty but not that guilty. That sounds like what the Cevallos defense is to me.

CUOMO: I don't know. I'm not going to let you speak to Cevallos. This was very helpful because this is not about politics. This is about what will happen at trial. And that's the way this is headed.

Danny, thank you very much.

Paul Callan, as always, a pleasure.

CALLAN: Thank you.

CUOMO: So, what do you think? Now that you understand this not just as politics but this is law, I'm telling you, this is not fictional. You're going to hear these arguments made as this trial comes to bear. So what do you think? Tweet us @newday or post your comment on facebook.com/newday.

Alisyn.

ALISYN CAMEROTA, CNN ANCHOR: OK, Chris.

Remember the infamous "Daisy" ad of an atomic bomb exploding in the 1964 presidential campaign? Coming up, the man behind that ad and the kind of ad he would create for this campaign season.

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[08:43:47] ANA CABRERA, CNN ANCHOR: It's time now for the five things to know for your new day.

Donald Trump ripping Hillary Clinton's foreign policy resume, calling her a failure at the State Department and a woman with, quote, "no actual talent." Hillary Clinton fires back today as she begins a five- day campaign swing through California. She starts with a major national security address targeting Donald Trump's foreign policy plans.

Police are still trying to figure out what led to a murder/suicide on the campus of UCLA where a professor was killed by a student leading to these scenes there yesterday. Classes resume today, but the engineering school where Professor William Klug died remains closed.

More dangerous flooding in Texas. The Brazos River has already hit record levels and it's still rising. Look at these cows trying to navigate the waters, trying to escape. Several more inches of rain are in the forecast still through the weekend.

And it's the rematch you've been waiting for. Steph Curry and the Golden State Warriors versus LeBron James and the Cleveland Cavaliers. Game one of the NBA finals is tonight. The Warriors hoping to repeat as champs after setting a record for wins in a single season.

For more on the five things to know, go to cnnnewday.com for the latest.

[08:45:01] Alisyn. Chris.

CAMEROTA: Thanks, Ana.

So, what would be the most effective ad for this campaign season? Don't answer that. Next we're going to ask someone who actually formulated Lyndon Johnson's famous campaign ads in 1964.

CUOMO: And Kim Chambers, one of the world's best marathon swimmers, the sixth person to complete the ultimate open water swimming challenge. That is this week's "Future of Adventure."

(BEGIN VIDEOTAPE)

KIM CHAMBERS: There is this real treasure that's found at that edge where you are most uncomfortable, where you are most fearful. And that's when I feel most alive.

The Ocean's Seven is the open water swimming equivalent to the seven summits of mountaineering. While I completed the Ocean's Seven, there was one swim that was really missing for me and that was the solo (INAUDIBLE) swim. People say its shark-infested water. It's not. It's shark inhabited. I had a shark shield around my ankle. It emits a field of electromagnetic waves and I made it through that swim.

When you put yourself, and your mind and your body to that goal and you achieve it, you can always draw back on that and say, you know what, I did that. And I did it for me.

(END VIDEOTAPE)

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[08:50:10] UNIDENTIFIED MALE: When the head of the Ku Klux Klan, when all these weird groups come out in favor of the candidate of my party, either they're not Republicans or I'm not.

(END VIDEO CLIP) CABRERA: Sound familiar? That was a presidential attack ad from 1964. Sounds a little like modern day politics, doesn't it? It was part of President Lyndon. B. Johnson's re-election campaign that essentially changed political advertising from there on out.

Joining us now, a very special guest, Sid Myers. He was art director for the ad agency behind that commercial and a couple dozen others from, again, 1964.

Sid, great to have you here.

SID MYERS, ART DIRECTOR FOR LBJ 1964 CAMPAIGN ADS: Nice to be here.

CABRERA: I imagine you're looking at this election cycle and kind of chomping at the bit because I know you're still doing work at in that creative arena. What do you see as the similarities, what's happening in terms of dynamics politically back in 1964 to what we have going on here today?

MYERS: It is so similar, it's scary that any one of these commercials can be run now, and just change the name, would be effective.

CABRERA: You think so?

MYERS: Especially one that - "Confessions of a Republican." You just change the name on that and you could run it just the way it is.

CABRERA: Against Donald Trump?

MYERS: Against Donald Trump, yes.

CAMEROTA: I mean, in fact, I just want to read some of it. I wish we had more of it. But here's one. "Now it seems to me we're up against a very different kind of man. This man scares me. Now, maybe I'm wrong. A friend of mine just said to me, listen, just because a man sounds a little irresponsible during a campaign doesn't mean he's going to act irresponsibly." I mean these are the very things -

MYERS: Exactly.

CAMEROTA: It - it's all deja vu.

CUOMO: How was the delivery? How was the delivery, by the way?

MYERS: Not bad. Not bad.

CAMEROTA: Would I be hired?

CUOMO: Had a little bit of that like gangster - hey, let me tell you. (INAUDIBLE).

MYERS: Tone it down a little bit. You're getting a little too crazy.

CAMEROTA: So you think if you were - if you were designing an attack ad against Donald Trump, you would revisit this? What would you do? MYERS: I would - it would be pretty close to this. You - well, I would

take whatever he says - but he's - he's been saying these phrases of getting rid of the Mexicans and putting them across the border. I, you know, if you took - made it into a visual - what we did was take the Goldwater statements and made them into visuals so it became more impactful.

CAMEROTA: Oh, I see, so you would take what Donald Trump - if you were working for Hillary Clinton and you were doing an attack ad against Donald Trump, you would turn his idea to deport illegal immigrants and you would visually demonstrate that?

MYERS: Visualize it. Well, could you imagine having thousands of trucks with people being loaded on to trucks in San Diego and the line goes all the way down to - what - to what -

CAMEROTA: Tijuana.

MYERS: Tijuana, right. I mean loading up children, loading up old people, babies. It would be - it would be -

CABRERA: It's taking the rhetoric and some semblance (ph) -

MYERS: Right. Not only that -- and it kind of harkens back to what happened in 1939 with loading people on to trains and buses. So it's - it's pretty scary.

CABRERA: The visuals could be very powerful.

I want to play another ad that you guys designed that's perhaps the most famous of all. Take a look. This is your "Daisy" ad, and then we'll talk.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Seven, six, six, eight, nine, nine -

UNIDENTIFIED MALE: Ten, nine, eight, seven, six, five, four, three, two, one, zero.

UNIDENTIFIED MALE: These are the stakes to make a world in which all of God's children can live.

(END VIDEO CLIP)

CABRERA: That ad was played once and yet had a lasting impact. I want to read you what "The New York Times" says about this ad. "Within days of its first showing, the little girl with the daisies had come what is probably the most controversial TV commercial of all time. Newspapers were bombarded with letters from angry Republicans and from dismayed Democrats. Telephone calls were made to TV stations in protest." Do you take pride in having that kind of an impact?

MYERS: Yes, yes, that's what it was there for. First of all, we never mentioned Goldwater's name. You have to remember that two years before that the Cuban Missile Crisis was happening. The country was so fearful of nuclear annihilation that that was - that was in the air. And all we did was just take on that commercial and make that impressed on people's minds that this could happen.

CUOMO: Where's the line -

CABRERA: What's the "Daisy" ad of this election cycle?

CUOMO: Yes.

CABRERA: Sorry, Chris.

CUOMO: That's all right.

MYERS: Excuse me.

[08:55:00] CABRERA: What is the "Daisy" ad of this election cycle then?

MYERS: There were a couple of them. But -

CAMEROTA: You think that are similarly controversial?

MYERS: Yes.

CAMEROTA: I mean no - there's been no ad that's more controversial than the "Daisy" ad.

MYERS: Well, you know, not letting the Muslims - all Muslims - keeping the Muslims from coming in.

CABRERA: You could take that and run with it?

CUOMO: You're saying potential - you're saying potential fodder for an ad.

Let me ask you something. What do you think the line is when you're doing these ads between, this is a fair way to push it and, you know what, this is too suggestive in an unfair way?

MYERS: It has to come from the truth. It has to be truthful. It can't - it can't be hyperbole. It has to be truthful. And what you do is look at that truth from a slightly perspective - a slightly off centered point of view because he's been saying, build a wall, build a wall, build a wall, build a wall, and that has become - it's become so prevalent that it doesn't - it doesn't have any effect anymore. But if you do a commercial and look at what he said about build a wall and look at it from five degrees off center, you'll get some imaginative - some impactive -

CAMEROTA: Oh, interesting.

CABRERA: If the Clinton campaign gave you a call and said we need you to bring it up, would you say yes?

MYERS: Here's my card.

CABRERA: All right, there you have it. There's the challenge. Thank you so much, Sid Myers. We appreciate it.

MYERS: Thank you. Thank you for having me.

CAMEROTA: Thanks for being here.

All right, "The Good Stuff," next.

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CUOMO: All right, let's see who goes for this first. In today's "Good Stuff," a man and his dog no longer homeless thanks to two Michigan women. Friends Kelly and Marie first spotted Steven and his dog outside a local grocery store, decided to help him out, bought him some food, put him in a hotel. The women also raised donations on FaceBook and were eventually able to get Steven a bike and a trailer home.

CABRERA: Awe.

(BEGIN VIDEO CLIP)

STEVEN ALEXANDER, GIVEN NEW LIFE: I was living in the woods behind the cemetery. I don't know why they picked me out of anybody, but they pulled me out of the - out of the woods.

(END VIDEO CLIP)

[09:00:08] CUOMO: Changed his life.

CAMEROTA: Hand me the hankie.

CABRERA: That's cool.

CAMEROTA: Thanks.

Time now for NEWSROOM with Carol Costello.

Hey, Carol.