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Workplaces, Retail, Cities Scramble after CDC's Mask Reversal; CDC Vows New Guidance for Summer Camps Soon; Giuliani Argues He Wasn't Literally Calling for Insurrection; GOP's Clyde, Who Compared Rioters to Tourists, Barricaded Door During Insurrection; President Biden Calls for Ceasefire in Israel. Aired 6-6:30a ET

Aired May 18, 2021 - 06:00   ET

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

BRIANNA KEILAR, CNN ANCHOR: Hello, I'm Brianna Keilar, alongside John Berman on this NEW DAY.

[05:59:44]

The scramble to reopen workplaces, retail, sports arenas all trying to figure out how fast to move forward after the CDC's abrupt reversal on masks

And just in: Rudy Giuliani telling a court that he wasn't telling the insurrection Crowd to rise up when he instructed them, quote, "Let's have trial by combat." Hear his explanation.

JOHN BERMAN, CNN ANCHOR: President Biden calling for a ceasefire between Israel and Hamas as impatience grows in Congress, including a rift in his own party over the fighting.

And the Republican congressman who can't take criticism apparently got Donald Trump's Justice Department to try and unmask someone on Twitter.

A very good morning to viewers here in the United States and around the world. It is Tuesday, May 18. And a scramble reigns this morning, coast to coast, over masking. Cities are rushing to navigate the new CDC mask guidance, and decisions vary state to state.

In New York, for example, beginning tomorrow, fully-vaccinated people will not be required to wear masks outdoors or indoors, while neighboring New Jersey's indoor mask mandate will remain in place. With just 37 percent of the country fully vaccinated, some local officials are concerned about the CDC's reliance on an honor system.

(BEGIN VIDEO CLIP)

MAYOR QUINTON LUCAS (D), KANSAS CITY, MISSOURI: It creates these sorts of challenges where how does the store clerk check it? How does our health department actually enforce any rule at all?

The honor system just ain't working here. I don't think it's going to work in a lot of parts of this country.

(END VIDEO CLIP)

KEILAR: Joining us now is -- pardon me, John.

BERMAN: It's all good. He's actually here in New York, so I'll do it.

Joining us now is CNN political writer and analyst Harry Enten. Harry, you have a vivid.

HARRY ENTEN, CNN POLITICAL WRITER AND ANALYST: Vivid.

BERMAN: A vivid demonstration of how rules are different in different places?

ENTEN: Yes. I mean, look at this. So these are retailers, sports teams, how they respond to the new CDC guidance, dropping their mask requirements if the laws allow.

I think this just gives you a perfect illustration. We have all these different places. Here on the left side, CVS Pharmacy is dropping them. Can you tell me what the exact difference is between a CVS Pharmacy and a Walgreens? Because all I can really tell in my local neighborhood is the CVS Pharmacy has a self-checkout versus the Walgreen's that doesn't.

But for the most part, these are very similar stores that are dropping the mask requirements and keeping them. And this could create a lot of confusion, I think, because folks, simply put, aren't going to have this at the top of their minds. And they're going to be, like, Wait a minute. Do I have to wear the mask if I'm fully vaccinated or don't I, if the laws allow?

BERMAN: I get it. You can also just check the sign on the door on your way in. That's a good -- it's a good way to find out.

ENTEN: You read when you go to the store?

BERMAN: A good way to know if you're supposed to wear a mask walking into a store.

All right. One of the issues we have here, Harry, is that the unvaccinated people, you have the overlay between people who are unvaccinated and people who are, frankly, generally unmasked.

ENTEN: Yes. So look at this. So is this always wearing a mask outside the House among U.S. adults, this is what's so interesting.

Among vaccinated Americans, it's 65 percent. Among unvaccinated Americans, it's just 46 percent. So the people who are the least likely to wear a mask are the ones who are unvaccinated.

And I've got to be honest with you, I think there's going to be, say, a lot of interest on some of the people who are unvaccinated people to lie, because it's already in their inclination not to wear a mask. So even if these stores are saying, you know what, if, in fact, you are unvaccinated, you do need to wear a mask, some of these folks are just not going to be telling the truth. And I'm worried that this might, in fact, cause them to perhaps spread the virus within a store, especially to some of the workers who may not have had a chance to get vaccinated yet.

BERMAN: This is what the data shows us, unvaccinated, unmasked, there's overlap. And then, not social distanced, either.

ENTEN: That's exactly right. So you know, it would be one thing if these folks were unvaccinated and not really going out or keeping their distance or whatnot. But have you socially distanced in the last week? Look at this, again, unvaccinated people are far less likely to be keeping social distance than the vaccinated Americans.

So it's not only, John, that they may not be -- they may not be wearing a mask, but it's also that they may not be social distancing, and that can create some real issues within a store.

BERMAN: And again, they may be benefiting from the overall vaccination to society. There's an economic principle called the free rider principle. We will discuss at a future date. But that's what's going on here with people who are unmasked and unvaccinated. The people who may be victims here, though, Harry, are workers.

ENTEN: Yes. Exactly. Look, we already knew what the satisfaction with safety conditions at work by annual Household income, that the people who are feeling much less safe at work are those lower income folks, right?

So in 2020, a poll taken late last year, those who are making 75,000 or more, 73 percent were satisfied with their working conditions. But it was just 55 percent among those making less than $75,000, which many people in the retail space might be.

And it was a significant change, whereby the folks who are in those lower income jobs were feeling much less safe as compared to 2019.

So now you have a real issue here where these people who are already feeling unsafe now may feel significantly less safe.

And the other thing that I'll point out is that many of the people who say that they wanted to get a vaccine as soon as possible but haven't had a chance to get one, they fall into this income bracket.

So it's a situation whereby a lot of these folks who may not be vaccinated who are working these lower income jobs, it's not that they don't want to get vaccinated. They, simply put, haven't had the chance yet for whatever reason.

[06:05:08]

BERMAN: That's really interesting. That's why maybe they need a day off. That's why we maybe ought to make it easier for them to get their shots.

Harry, I don't want to leave without giving positive news. Positive news that, frankly, may be more important or mitigate everything we've just shown. ENTEN: Right. So look at this. This is coronavirus hospitalizations.

We got this going all the way back to July. You can go back even further than that. Look at this. On the last day that we have data, it is at its lowest level, pretty much, of the entire pandemic, the number of people who are in the hospital because of the coronavirus.

So at this point, it does seem to me that the vaccination campaign is probably working pretty gosh darn well because we're seeing hospitalizations fall. And it's just another reason, folks, if you haven't been hospitalized, go out there, get -- sorry, if you haven't been vaccinated, go out there and get vaccinated, because this number tells the story.

BERMAN: And just to be clear, this is the most rigid piece of data we have.

ENTEN: Yes.

BERMAN: It's not about whether you choose to get tested or not. This is whether you were sick enough to be in the hospital. Numbers smaller than we have ever seen and continuing to drop.

ENTEN: Exactly right, John.

BERMAN: Harry Enten, great to see you.

ENTEN: Nice to see you.

BERMAN: All right. Coming soon, a return to summer camp. The CDC is expected to issue new guidance any day on children returning safely to camp. CNN's Bianna Golodryga looks at some of the changes camps are making to do just that.

(BEGIN VIDEOTAPE)

LAUREN RUTKOWSKI, OVERNIGHT CAMP DIRECTOR AND OWNER: There's a lot of excitement. I think that camp is the light at the end of a very long tunnel.

BIANNA GOLODRYGA, CNN SENIOR GLOBAL AFFAIRS CORRESPONDENT (voice- over): Across the country, summer camps are in their final stages of preparation, just weeks before millions of children arrive for fun. Ready to resume the color wars, zip lining and evening campfires they missed last year when most camps were closed due to the pandemic.

RUTKOWSKI: It was absolutely heart breaking. It's the toughest decision that my husband and I have ever had to make.

GOLODRYGA: At Camp IHC in northern Pennsylvania, camp director Lauren Rutkowski is anticipating full cabins this summer, with some 650 campers registered for up to seven weeks.

RUTKOWSKI: Camp is going to serve as an incredible elixir for kids. They need this recovery space.

GOLODRYGA: Strict mitigation strategies will be enforced. RUTKOWSKI: We'll be at a reduced capacity. You can see some of the

plexiglass we had to install to make sure that we're doing things safely.

GOLODRYGA: All campers must be tested prior to arrival and after. They will then be grouped into a smaller cohort for the first week.

RUTKOWSKI: Really sticking with your pod. There will be a lot more mask wearing. We won't be mixing groups. Once we get through that, however, because we are a very controlled environment, you can really start to relax, you know, the mitigation.

GOLODRYGA: Also back this summer, the Y.

PAUL MCENTIRE, CHIEF OPERATIONS OFFICER, YMCA: Enrollment at most camps is at capacity.

GOLODRYGA: Thousands of day and overnight camps run by the YMCA, like Camp Widjiwagan outside of Nashville, are also fully booked.

JEFF MERHIGE, EXECUTIVE DIRECTOR, YMCA CAMP WIDJIWAGAN: The need for the kids to be outside is -- is tremendous. We want to social connect now, not social distant.

GOLODRYGA: With multiple camps running together, advanced testing will not be part of their policy.

MERHIGE: We know that we can't have the full bubble containment here with the size of our day camp and our overnight camp. It's just not possible.

GOLODRYGA: Instead, they're taking precautions like smaller bleachers, sanitizing stations and a reimagined bunk.

MERHIGE: We added ceiling fans. We upgraded the filter system to MERV 13 filters, and then we still added air scrubbers. We painted the cabin an anti-bacterial paint. And then my personal favorite is we added sneeze and cough guards to all of the bunk beds.

GOLODRYGA: Both IHC and Widjiwagan are also eliminating off-campus field trips and family visiting this summer.

Prior to last year, a typical summer saw roughly 26 million kids attend some form of summer camp, according to the American Camp Association. Camp directors are expecting to see similar numbers once again this summer.

(on camera): What are you planning to do to help get them settled back in here?

RUTKOWSKI: We have to prepare our children for the camp experience. It's when things are sprung upon them or something feels unfamiliar, that's when anxiety start to rise.

MCENTIRE: All of the staff will receive some levels of mental health awareness, things to watch for in a child that would not have -- that will be beyond what would have been in the past.

GOLODRYGA (voice-over): So while some things may still look different this summer, the goal is ultimately to let kids be kids again.

RUTKOWSKI: Kids laughing, playing, enjoying their life and being carefree is the best sound in the world.

(END VIDEOTAPE)

GOLODRYGA: Now, John and Brianna, while camps are made up mostly of children, they also include adults: young adults, camp counselors in particular. Now pre-pandemic, many of those counselors would traditionally go off-campus, off-site to spend some time in the evenings together.

Given the COVID restrictions, a lot of these camps, including Camp IHC, is building accommodations for them on campus within the camp itself so that they can spend time together, have some more grown-up fun but not risk bringing the virus back into the campsite and possibly infecting the children.

[06:10:13]

Nonetheless, this is a great story that kids really do need this time to bond together.

KEILAR: They sure do. We want our kids to have some normalcy, protected of course. Bianna, thank you.

Developing this morning, lawyers for Rudy Giuliani arguing in a new court filing that Giuliani wasn't literally advocating for an insurrection when he told Trump supporters this on January 6 --

(BEGIN VIDEO CLIP)

RUDY GIULIANI, FORMER ATTORNEY FOR DONALD TRUMP: If we're right, a lot of them will go to jail.

UNIDENTIFIED MALE: Yes!

UNIDENTIFIED MALE: Yes!

UNIDENTIFIED MALE: Yes!

GIULIANI: So, let's have trial by combat!

(END VIDEO CLIP)

KEILAR: CNN's Whitney Wild is with us now on this story. Tell us about this, Whitney.

WHITNEY WILD, CNN LAW ENFORCEMENT CORRESPONDENT: Well, they're chalking all of this up to it was just, you know, political hyperbole. He was giving a speech. It was showmanship. No reasonable person would have thought he was actually advocating trial by combat. This is all in response to a lawsuit filed by Representative Eric

Swalwell, which basically tries to hold Giuliani and others accountable.

In the filing, the response to the Swalwell lawsuit, Giuliani's attorneys write, "The statement is clearly hyperbolic and not literal. No one could literally receive the 'trial by combat' reference as one inciting the listeners to an immediate violent attack on the Capitol, which could have nothing to do with Giuliani's allegorical trial by combat over evidence of fraud in the election."

Basically, what Giuliani is arguing here, in addition, is this idea that Swalwell is trying to do what the FBI cannot, which is tie Giuliani directly to the violence at the Capitol.

Giuliani goes on to say that this was basically all orchestrated by a pro-Trump group that he has no connection to whatsoever. He has nothing to do with this outside of giving a speech, which was just hyperbole. That's where any of his interaction with this ends.

KEILAR: Very interesting. So there are a lot of Republicans -- we've been seeing this in Congress -- who have been trying to say the insurrection wasn't an insurrection, or they've been describing it in very tame terms. And I know that you have some new reporting about an insurrection suspect that kind of pokes some holes in that.

WILD: Right. So what we want to do is make sure that our viewers understand there were weapons there. I mean, that is a fact. And what we know is when we're speaking most literally, representatives specifically speaking most literally about the idea that this was an armed insurrection, they have been making the argument that no one was armed, that no one has been charged for that.

That is actually not true. There is a man named Christopher Albert who has been charged with trying to carry a firearm into the Capitol. He was caught with it on scene. He pleaded not guilty to those charges in February.

There's a new lawsuit that is just -- excuse me, a new court filing that has just come out superseding indictment for Christopher Albert, again, alleging that he had this semiautomatic handgun at the Capitol. Again, he's pleaded not guilty to those charges.

But Brianna, the idea that nobody had an weapon, that it was unarmed, that it was tourism, is just -- it's just not true. Prosecutors continuing to, you know, file cases that show that there were people who intended to cause violence with weapons, specifically in at least one case with a firearm.

KEILAR: Whitney, you cover this almost every day for us, and I really appreciate it. Thank you so much for this new reporting -- John.

BERMAN: (AUDIO GAP) -- is reporting this morning that Andrew Giuliani, Rudy's son, is announcing a run for governor today. Based on what you just reported, he might want to be careful about hiring his father to be his campaign lawyer. Other news, House lawmakers expected to vote tomorrow on establishing

a 9/11-style commission to investigate the Capitol insurrection. The bill would establish a commission evenly divided between the two parties, with subpoena power and an end-of-year deadline. It is expected to pass the House.

Now, again, it's expected to pass the House. Not clear how many Republicans will be on board. House Republican Leader Kevin McCarthy, who may have to testify, has yet to take a position. Senate Majority [SIC] Leader -- Minority Leader Mitch McConnell has advocated for widening the parameters to look at other things.

The important thing to know about this is that it looks like it's going to pass the House. It looks like it's going to pass the House pretty easily. The question is can it get through the Senate, where it needs the support of ten Republicans? And that is very much unclear, whether ten Republicans will sign onto this in the Senate.

KEILAR: Now the GOP skepticism over a January 6 commission is coming as some Republicans try to rewrite history. We've been talking about that this morning. Rewriting history about what happened that very day.

Here's a reminder of how Republican Congressman Andrew Clyde characterized the Capitol riot just last week.

(BEGIN VIDEO CLIP)

REP. ANDREW CLYDE (R-GA): There was no insurrection, and to call it an insurrection, in my opinion, is a boldfaced lie. You know, if you didn't know the TV footage was a video from January the 6th, you would actually think it was a normal tourist visit.

(END VIDEO CLIP)

KEILAR: Now, we know that, obviously, people with eyes see this very differently. But on the day of the riot, Clyde apparently felt very differently, as well, because these new photos -- these are actually old photos, but they are resurfaced, they show him helping to barricade the House chamber door as rioters attempted to enter the room.

[06:15:10]

Joining me now is the photographer who took those pictures, Tom Williams. He is a senior staff photographer at "CQ Roll Call."

Tom, thank you so much for joining us to talk about what you saw and the photos that you were able to grab that day. Tell us, you know, when you first were thinking about what Clyde was saying about what happened and then you put it together with what your photos showed.

TOM WILLIAMS, SENIOR STAFF PHOTOGRAPHER, "CQ ROLL CALL": Yes, so I saw his remarks. That was on a Wednesday. And then reporters were trying to track him down Thursday. And it really didn't dawn on me that I had these pictures. I filed the pictures at the time, like, the 7th or 8th when I tracked all the members down.

Then Friday night when I was slow for the week, I'm like, wait a second. I think he was one of the guys in those picture. So I went back and I looked. And sure enough it was him.

And in his remarks before that he says he was one barricading the door. So I just thought, since the story is out there, let's get these pictures out so people can see for themselves.

KEILAR: It stands in stark contrast to what he has said in retrospect about what happened.

So you were there in the House chamber. Tell us about the scene. I mean, we see the pictures, but take us inside the House chamber where you were with all that you saw.

WILLIAMS: Well, it was fairly chaotic. There was a lot of -- once the rioters got to the door, there was banging. There was glass shattering. Pretty soon, the police had their guns drawn. Members -- when I -- when I saw the guns drawn, yes, that's when I realized it was serious. And Mr. Crow was telling members to take their pins off.

KEILAR: The Congress -- member of Congress?

WILLIAMS: Yes, who is a Ranger. And so police are telling us to get down. So it was -- it was tense, and it was kind of tricky shooting, because you're getting down, but you have to pop up to get some pictures once in a while. So, luckily, I was able to get a few off and attempt to obey the police's command to stay down at the same time.

KEILAR: So where were you positioned, because actually it wasn't -- you weren't in the press gallery where you normally are.

WILLIAMS: No. There was -- there was a break in the action of the Electoral College count. And I left the chamber -- I left the gallery area to file. And I got locked out when stuff started going down.

So the police sheltered me and another photographer, Andy Harnik (ph), in the gallery area, kind of where the first lady would sit during the State of the Union, on that side.

KEILAR: You captured a photo of -- you mentioned Congressman Crow. The photo that so many people have seen. They might not realize that's actually a photo by you, Tom Williams. This is the photo right here on our screen where you're seeing Jason Crow comforting another member of Congress. Tell us about this moment.

WILLIAMS: Yes. That was when I was -- you know, I was right on top of them, so I didn't want to be in their face too much. So I quickly shot it. And after the fact, I didn't even know if I wanted to file the picture, because I didn't know if Susan Wild was OK. But I saw her leave under her own power.

When I finally was -- to file, I checked her Twitter, and she said she was OK. So I thought that was OK to file. And it really shows how tense the situation was up in that gallery. KEILAR: Well, Tom, it is so great to have you. And you are an

institution on the Hill, and your work is a testament to why it is so important that the press is covering Congress the way they do. Tom Williams, thanks for being with us.

WILLIAMS: Thanks, Brianna.

KEILAR: President Biden calling for a ceasefire in Israel as a rift grows in his own party over the violence there.

Plus, Donald Trump's Justice Department tried unmasking a Twitter user critical of one of his allies, Congressman Devin Nunes. We'll speak live with someone being sued by Nunes.

And what's inside the newly-released tax returns of Joe Biden and Kamala Harris. This is NEW DAY.

(COMMERCIAL BREAK)

[06:22:52]

BERMAN: President Biden calling for a ceasefire in a phone call with Israeli Prime Minister Israeli Netanyahu. Let's get the latest from the ground there. CNN's Hadas Gold is live in Tel Aviv this morning.

Hadas, give us a sense of the situation this morning.

HADAS GOLD, CNN CORRESPONDENT: John, clean-up is under way here on the outskirts of Tel Aviv. This is actually where a rocket fell on Saturday. The rocket landing in the middle of the street behind me, but the -- the impact from it and its shrapnel affecting buildings up and down the street and killing one man.

The Israeli military says it's one of 3,400 rockets that they say militants have launched from Gaza into Israel since this conflict began.

Although last night we did have, actually, a period of about six hours of quiet, no rocket launches from Gaza into Israel. That's one of the first periods of that long of quiet that we have experienced thus far, although this morning from 5:30 a.m. there have continued to be red- alert sirens in the south of Israel.

The Israeli military continuing to pound its targets in the Gaza Strip. They're saying overnight they hit at least 65 targets, including some Hamas tunnels, underground and overground rocket launch pads, as well as the homes of several Hamas commanders. They say that they're continuing this operation and continuing these air strikes as we speak.

Now, as of last night, these are the latest numbers we have. According to the Palestinian ministry of health in Gaza, more than 200 dead, including 61 children. The Israeli military, though, I should note, often disputes these numbers, because that ministry of health in Gaza is run by Hamas. The Israeli military saying that they have killed at least 170

militants. In Israel, 10 people have died, including a soldier and at least one child.

We do know that there are diplomatic efforts under way by Egypt, by Qatar to try and negotiate some sort of ceasefire. The discussions amongst the senior levels in this department of state.

And we know that Biden and Netanyahu have been speaking. But so far from the Americans we don't have that hard pressure on Israel to cease their activities. And the Israeli -- Israelis say that they want to continue until they've reached all of their military objectives.

BERMAN: Yes, the president, President Biden calling for a ceasefire, which is very different than demanding one. Hadas Gold in Tel Aviv this morning. We really appreciate you being with us. Thank you for your reporting -- Brianna.

[06:25:02]

KEILAR: Devin Nunes has railed against cancel culture. But this morning we have some new details about just how far the Trump Justice Department went to try to cancel Twitter accounts that made fun of the Trump loyalist, including a parody account of Nunes' not real cow. That's next.

(COMMERCIAL BREAK)

[06:29:34]

BERMAN: New insight this morning into the finances of President Biden and Vice President Harris after the White House released both of their 2020 tax returns. Christine Romans joins us now with what they revealed. And this whole release actually began with this really not so subtle dig.

CHRISTINE ROMANS, CNN CHIEF BUSINESS CORRESPONDENT/ANCHOR: We can see the taxes, but it's Biden's taxes. Protocol and tradition are back. The president's taxes are public.

And you're right, John. In releasing the returns, the White House said this: "Today the president released his 2020 federal income tax return, continuing an almost uninterrupted tradition." Maybe a subtle dig at the former President Trump, who kept, of course, his taxes secret.