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New Day Saturday

Airports, Highways Packed as Travel Surges for Holiday Weekend; Biden Urges More Americans to get Shots as Delta Variant Spreads; Nancy Pelosi Picks GOP Liz Cheney to Serve on Select Committee; Pressure Grows from Democrats for Justice Breyer to Retire; Bill Cosby Released from Prison After 2018 Conviction Overturned. Aired 6-7a ET

Aired July 03, 2021 - 06:00   ET

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

[06:00:00]

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UNIDENTIFIED MALE (voice-over): This is CNN. More people get their news from CNN than any other news source.

BORIS SANCHEZ, CNN ANCHOR: Good morning and welcome to your NEW DAY. I'm Boris Sanchez.

CHRISTI PAUL, CNN ANCHOR: And I'm Christi Paul. Well, we're open. Millions of us are on the move this holiday weekend, right? But as crowds gather to celebrate, there are health officials warning that this unvaccinated -- those of you who are unvaccinated could be at risk as the Delta variant is spreading throughout the country.

SANCHEZ: Plus, a massive mudslide sweeping through parts of Japan. What we're learning about the extent of the damage and those now missing.

PAUL: Officials order the immediate evacuation of a condo building just 7 miles north of last week's collapse in Surfside after deeming it unsafe. There are leaving families that are now scrambling to find shelter this morning.

SANCHEZ: And some incredible video you have to see. An eye of fire. How a fire erupted in the middle of the ocean in the Gulf of Mexico.

PAUL: It is Saturday, July 3rd. Happy holiday weekend to you. Boris, welcome back. It's good to see you back in D.C., your stomping grounds.

SANCHEZ: Good morning, Christi. Great to see you as always. Happy Independence Day Eve. This is one of my favorite days of the year, getting ready for grilling and good times.

PAUL: Yes. Absolutely.

SANCHEZ: Yes. And a lot of Americans are doing the same. They're actually on the move and not just by pandemic era standards when it comes to record-setting travel. Experts predict the amount of people traveling by air or by highway for the 4th of July is going to rival Independence Day weekends pre-COVID.

PAUL: Yes. There are some airlines struggling with all the demand, too. Southwest, for example. They're offering their flight attendants double pay to pick up extra trips. The CEO of United Airlines says the travel surge is a sign that people really want to get back to living life, but health experts have a warning for us this morning.

If you're unvaccinated, it's just too early to declare freedom from this pandemic. They're particularly worried about the coronavirus variant known as Delta. It's more transmissible, it's in all 50 states now and pockets of the country are still lagging behind the rest of the nation in vaccinations.

SANCHEZ: Yes. Millions of Americans, though, making the most of the progress that we have made. Let's head over to CNN's Polo Sandoval. He's been tracking the travel rush from New York City. Polo, what does the data show about just how many people are going to get out and about this weekend?

POLO SANDOVAL, CNN CORRESPONDENT: Well, before we even consider the data too, Boris and Christi, just look at those pictures that we just showed there. It is clear that those lines and that high stress is definitely back here. Consider the TSA numbers from Thursday alone where the TSA say that they screened a number of passengers that's even higher than what we saw pre-pandemic and that is a trend that travel experts expect will continue this summer.

(BEGIN VIDEO TAPE)

SANDOVAL (voice-over): By now, most Americans who plan to travel this holiday weekend may have already braved the 4th of July frenzy on the roads.

VALENTINE CHAVARRIA, TRAVELER: I think it's going to be pretty busy and congested. Yes. That's why I didn't want to wait and leave any later than today.

SANDOVAL (voice-over): Or at some of the nation's airports, many of which seem to be bursting at the seams on Friday. AAA expecting nearly 48 million people will have traveled either by road or by air by the time this 4th of July weekend comes to a close, most of them, some 43 million, opted to drive to and from their destinations according to Andrew Gross from AAA.

ANDREW GROSS, AAA: The biggest difference would probably be the number of people traveling by car and there are a number of factors figuring into that. International travel is still down, cruising has not picked back up yet and people may generally feel a little more comfortable traveling by car. You can decide when you're going to leave, where you're going to stop and maybe not everybody in the family's vaccinated yet.

SANDOVAL (voice-over): Gross expects rising fuel prices likely aren't keeping families from a long overdue post-pandemic getaway. It won't come cheap, though, with the cost of a gallon of gas averaging $3.12 nationally, the highest in seven years. UNIDENTIFIED MALE: $11. I'm at 2.5 gallons.

SANDOVAL (voice-over): Experts say not only is summer demand to blame, but a shortage of fuel truck drivers that has left some service stations empty.

Flying this weekend? You'll want to adhere to your aircrews' instructions or face paying some hefty fines. The Federal Aviation Administration has received over 3,000 reports of unruly passengers this year alone, majority of incidents related to non-compliance of the federal mandate requiring mask wearing on flights.

Hoping to address people who don't listen to crew instructions, the agency rolled out a video message for those who should know better from those who do.

UNIDENTIFIED MALE: They'll go to jail if they keep doing that stuff.

UNIDENTIFIED FEMALE: That is so unsafe.

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UNIDENTIFIED FEMALE: They should know better if they're, like, adults.

(END VIDEO TAPE)

SANDOVAL: Some wise words there from some of the kiddos. Now, when it comes to these airlines, they are just struggling to keep up, Boris, especially because of staffing and that's why many people have already faced having their flights cancelled. American Airlines, by the way, they're going to be preemptively reducing their flights by about 1 percent, citing weather and staffing shortages.

And of course, you mentioned a little while ago, too, Southwest Airlines is pleading with some of their flight attendants that if they're able to work this 4th of July holiday to do so. Again, keeping up with demand that's only expected to rise. Boris?

SANCHEZ: Yes. Polo, it's a difficult job, especially given so much drama that we've seen in the skies on social media, especially over the last year.

SANDOVAL: Yes.

SANCHEZ: Polo Sandoval, thank you so much. Shortly after coming into office. President Biden set a goal of vaccinating 70 percent of adults in the United States by the 4th of July. That's a goal the country's just not going to meet. Currently, only two-thirds, 66.8 percent of adults, have received the first dose of the coronavirus vaccine.

PAUL: And remember, the concern this morning is that Delta variant. COVID cases are again on the rise and the White House is set now to deploy response teams to low vaccinated areas to assist however they can. CNN White House reporter Jasmine Wright with us this morning. Jasmine, happy holiday to you. I know it's been a busy weekend already for the Biden White House. What is on tap? And good morning. JASMINE WRIGHT, CNN WHITE HOUSE REPORTER: Good morning. So, look, the message is still the same as President Biden heads to Michigan today and that is to get as many Americans, to get those shots into arms as quickly as possible and that is despite them missing that 70 percent goal.

So President Biden will travel to Traverse City, Michigan where he will tour a cherry farm alongside Governor Gretchen Whitmer and other local officials, really trying to make an example for Americans of things that you can do without fear in the country if you are vaccinated as a part of this America Back Together Tour that the White House is putting on this weekend, all to promote and celebrate how far this country has really come and take a look at how this country is getting back to pre-pandemic life.

Now, it's really a full court press this weekend. The First Lady will drive home that message when she tours Maine and New Hampshire. The Vice President will drive home that message in Nevada and now it's as you guys said, Boris and Christi, right? That it still comes as the White House is grappling with how to deal with this Delta variant.

And yesterday at the White House, President Biden said that he was not concerned that the more contagious variant would cause major outbreaks or cause the country to shut down, but he was concerned about those who have not yet been vaccinated. Take a listen.

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JOE BIDEN, PRESIDENT OF THE UNITED STATES: I am concerned that people who have not gotten vaccinated have the capacity to catch the variant and spread the variant to other people who have not been vaccinated. It doesn't hurt, it's accessible, it's free, it's available and not only -- don't think about yourself. Think about your family. Think about those around you. That's what we should be thinking about today. The 4th of July this year is different than the 4th of July last year and it's going to be better next year.

(END VIDEO CLIP)

WRIGHT: So, the White House says that this trip will also serve as a focus for President Biden on his infrastructure push, highlighting that bipartisan framework that they have all now agreed to. Boris, Christi.

SANCHEZ: Jasmine, I'm curious about the President's schedule tomorrow. What do the President and First Lady -- what are they planning for the 4th?

WRIGHT: Well, it's going to be a big bash here on the South Lawn. It's the first big bash now that the President has been in office. They will host thousands of military families and essential workers, all for a big July 4th barbecue. Now, you know, it is a clear sign that the White House is really comfortable with their pandemic recovery as it stands now, but it has put them on the defense a bit, raising some eyebrows as people say, you know, should they be having this many people at the White House as the variant makes its way across the country?

Now, of course this event will be outside on July 4th and the White House says that they asked people who are coming to produce a negative test one to three days before the event. So the White House feels very, very comfortable about this big celebration that they'll be having tomorrow for the 4th.

PAUL: All right. Jasmine Wright, always so good to see you. Thank you. And listen, you can celebrate the 4th of July with us. We'd love to see you here on CNN. Join Don Lemon, Dana Bash, Victor Blackwell did to Blackwell and Ana Cabrera for a star-studded evening. Music, fireworks all for you, beginning tomorrow night at 7:00 P.M..

Want to let you know that there are search and rescue efforts going on right now in Japan. Take a look at this. Look at that mudslide there.

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Twenty people are missing right now after that mudslide south of Tokyo swept away dozens of homes, also caused pretty expansive power outage.

SANCHEZ: Yes. That looks terrible. Let's get straight to Selina Wang who is in Tokyo for us this morning. Selina, what is the latest?

SELINA WANG, CNN INTERNATIONAL CORRESPONDENT: Boris, search and rescue operations have been underway for hours. We have just learned that at least two people have been presumed dead. At least 20 are still missing. This is according to local officials after that devastating mudslide hit the southwest of Tokyo, about 60 miles southwest of Atami city this morning and local officials are warning, fortunately, that there could be more mud slides, more rain to come, urging people to evacuate from dangerous areas where the ground could still be loose.

And, Boris, that video is just terrifying and horrific. You can see the destruction of homes, huge amount of debris, infrastructure being engulfed in that mudslide, the mudslide knocking down, crushing everything in its path. You can even see some people running for their lives.

Now, Boris, people in Atami city are shocked and devastated. Thousands of homes are without power and Atami city is a beautiful seaside resort town. The area that was hit by this mudslide has hot springs, residential areas, shopping streets. Now, we are in Japan's annual rainy season. This country is used to the heavy rainfall and landslides that come with this season.

Right now, Japan's Pacific Coast has just been hammered by torrential rain, which is what triggered this disaster and back in 2018, more than 200 people died from catastrophic floods and the frequent flooding and landslides in Japan have been getting more frequent. I just spoke to a seismologist who told me it's because of global warming. That is increasing the frequency of this rainfall that can cause these devastating landslides, Boris, Christi.

SANCHEZ: Yes. Selina, just watching that video, it's hard to imagine that the number of missing is not going to keep rising. We know you're going to be keeping an eye on that story and the numbers for us. Selina Wang from Tokyo, thank you so much.

PAUL: Thank you, Selina. Well, residents ...

SANCHEZ: Residents of a ...

PAUL: Go ahead. Go ahead, Boris.

SANCHEZ: No worries. Residents of a condo building near last week's deadly collapse in Florida were left scrambling to find a place to stay after they were ordered to immediately leave their homes. Why they were given just a couple of hours to pack everything and go.

PAUL: Also, it's a race against mother nature. Rescuers in Surfside, Florida are continuing their recovery efforts, but Hurricane Elsa seems to be closing in on the state.

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SANCHEZ: We are 16 minutes past the hour and that tragic condo collapse in Surfside, Florida prompted inspections of other high-rise condos in the area and it didn't take very long to find a dangerous situation at a building in nearby North Miami Beach.

PAUL: Yes. The people who live there were given only two hours to evacuate after one building in particular was deemed unsafe. CNN's Rosa Flores has more.

ROSA FLORES, CNN CORRESPONDENT: The city of North Miami Beach asking all of the residents of the building that you see behind me to evacuate. Officials say that the building is structurally and electrically not safe. Now, here's the backstory. This building was built in 1972, it has more than 150 units and according to the city, this building had not filed its 40-year recertification.

Well, after what happened in Surfside and the collapse there, they say that they've asked all the buildings to resubmit their paperwork. Well, today, according to the city, the building submitted this report which is dated January 11th. On the front page, on the first page, it says that the building is considered structurally and electrically not safe. That's why city officials say that they acted very swiftly.

From talking to some of the residents here, I can tell you that they say that they showed up to their homes, some of them were out and about, and they found police officers in the building asking people, urging people to grab what they could from the -- from their homes and to exit the building immediately. They were given two to three hours to pack up and leave.

And of course, right now, it's hurricane season. There is a hurricane in the Atlantic and so all of these people are homeless right now. The city says that they're asking the Red Cross to help out. They also have a few community centers that are stepping up to help some of these people get housed.

From talking to some of these residents, they tell me that they will be staying with family, others will be going to hotels. Some of them are angry because they say that the building should have told them sooner when this report was first issued back in January. Others say that given what happened in Surfside, they're counting their blessings. Rosa Flores, CNN, North Miami Beach, Florida.

PAUL: And there's another heartbreaking discovering in the search and rescue efforts of that condo collapse. The seven-year-old daughter of a Miami city firefighter was found in the rubble Thursday night. Now, the father was not part of that rescue at the time, but he was working on the site. Fellow rescuers actually called him over when his daughter's remains were found.

(BEGIN VIDEO CLIP)

MAYOR DANIELLA LEVINE CAVA (D-FL), MIAMI-DADE COUNTY: It goes without saying that every night since this last Wednesday has been immensely difficult for everybody and particularly the families that have been impacted, but last night was uniquely different. It was truly different and more difficult for our first responders.

(END VIDEO CLIP)

[06:20:01]

PAUL: Twenty-two people have now been confirmed dead, 126 are still unaccounted for.

SANCHEZ: Yet another hurdle for the ongoing search and rescue efforts, the mayor of Miami-Dade County signing an emergency order authorizing the demolition of the remaining structure of Champlain Towers South over fears that it may come crashing down. The mayor of Surfside, Charlie Burkett, explained what may happen when the demolition starts. Listen.

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VOICE OF MAYOR CHARLES BURKETT, SURFSIDE, FLORIDA: The issue with the tower or the remaining tower is that it creates a dangerous situation for the workers in that there's debris falling from it. So I imagine if it were to be demolished, the demolition preparation could take place while the crews were working and during the time the building was actually collapsing, the workers would obviously have to step away, but immediately following the collapse, the workers could reengage.

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PAUL: And here's the thing. Officials are keeping an eye, a very close one, on what you see on your screen there, Hurricane Elsa. There are concerns the threat of heavy rainfall and strong winds could interrupt, obviously, the operations there. CNN's Natasha Chen is live this morning in Surfside, Florida. So, Natasha, first of all, will you talk to us, please, about the latest on the search and rescue efforts at this hour?

NATASHA CHEN, CNN NATIONAL CORRESPONDENT: Yes, Christi. Those efforts are still ongoing even though there's discussion of a potential pause because of that impending hurricane that you're talking about. It may downgrade to a tropical storm by the time it comes to Florida. The governor, Ron DeSantis, is talking about the state working on dual tracks right now, working on preparing for that storm and still working this building collapse.

But even if it is downgraded when it comes to Florida, potentially 40 mile per hour winds even could create a serious safety issue for the people on the ground when you think about all of that loose concrete and debris. At the same time, you have the county attorney here, a county attorney in a filing Friday, saying that the rest of the structure of the Champlain Towers South is starting to behave like it could collapse, posing an immediate threat to the personnel on site.

So, a lot of challenges right now. In the meantime, you have the families of 126 unaccounted people eagerly awaiting any sort of news and of course the survivors, too, are dealing with overwhelming emotions since the collapse since escaping that. Our colleague, Randi Kaye, met up with a man who escaped and helped an 88-year-old woman get out of that building. She met up with them as they got together for the first time since their escape.

(BEGIN VIDEO CLIP)

ESTHER GORFINKEL, RESCUED BY NEIGHBOR: I'm so happy.

ALFREDO LOPEZ, HELPED RESCUE NEIGHBOR: I'm so happy too. I'm so happy to see you and, you know, we made it out, you know? So that's what's important, right?

GORFINKEL: Yes. Yes. That's the important thing.

LOPEZ: OK. Good. Good.

GORFINKEL: I'm so happy, you know?

LOPEZ: Yes.

GORFINKEL: Up there, somebody's watching.

LOPEZ: Absolutely. It wasn't -- simply, Esther, it just wasn't our time, you know?

(END VIDEO CLIP)

CHEN: So many heart wrenching stories like that. In that particular case, a very happy reunion and now, of course, 22 people confirmed dead and 126 still unaccounted for. Meanwhile, you're talking about the possibility of demolition now that there's been an order placed for that, but that may take several weeks just following recommendations of the engineers. Christi and Boris.

PAUL: Natasha Chen, we really appreciate it. Thank you so much. And I know we watch and think what could I possibly do to help these people because I want to? Well, the victims and their families do need help. So please head to CNN.com/impact if you feel so inclined to do so. You're going to find links there to charitable organizations that are verified by CNN. Again, that's CNN.com/impact.

SANCHEZ: Major news out of D.C. this week. House leader Kevin McCarthy can appoint some Republicans to that select committee investigating the Capitol riots, but is he going to take that political risk? The latest after a quick break.

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PAUL: So just two House Republicans crossed party lines this week to vote for a select committee to investigate the January 6th insurrection.

SANCHEZ: Yes. And Speaker Nancy Pelosi chose one of them and all eyes are on House Minority Leader Kevin McCarthy to see how he will respond. CNN's Daniella Diaz joins us now live from Capitol Hill. Daniella, what is Kevin McCarthy going to do about the potential of having Republicans that are chosen for this committee?

DANIELLA DIAZ, CNN CONGRESSIONAL REPORTER: Well, Boris, Christi, most Republicans don't want to touch this House Select Committee to investigate the January 6th insurrection with a 10-foot pole. They're trying to stay away from this because it could be politically damaging for them. You know, House Minority Leader Kevin McCarthy is in charge of choosing who is on this committee or even if he'll choose anyone at all and he actually issued a blanket threat to freshman House Republicans saying that if they join this panel, he will strip them of his committee assignments.

But that did not stop Congresswoman Liz Cheney from joining this panel. She was selected by House Speaker Nancy Pelosi as the only Republican she chose to serve on this panel, but, you know, House Minority Leader Kevin McCarthy expressed that he was shocked that she joined. Take a listen to what he said this week at his press conference.

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REP. KEVIN MCCARTHY (R-CA): I don't know in history where someone would go get their committee assignments from the speaker and expect them to have them from the conference as well. Well, I was shocked that she would accept something from Speaker Pelosi. It would seem to me, since I didn't hear from her, maybe she's closer to her than us. I don't know.

(END VIDEO CLIP)

[06:30:00] DIAZ: You know, most of the house Republicans are expressing they have

no interest in this. Even the 10 house Republicans who voted to impeach Donald Trump earlier this year, saying that he incited the insurrection. Most of them don't even want to be part of this either, only two house Republicans voted for this panel in the first place. It was of course, Congressman Liz Cheney and Adam Kinzinger of Illinois, two very strong Trump critics. Look, there are two people that have said that they are interested in joining this panel, probably not who you think.

Two conservative fire brands, Marjorie Taylor Greene and Matt Gaetz. However, Pelosi has final say over who joins this panel, and it's unclear whether she will actually want these two Trump allies to serve on this panel. So, bottom line here is, it's unclear how McCarthy is going to handle this. He's expressing no hints on this. And it's unclear whether he will actually even appoint any Republicans to this panel at all. Boris, Christi?

SANCHEZ: A lot to look out for, Daniella Diaz from Capitol Hill, thank you so much. Joining us now to discuss the January 6th committee and more, CNN political commentator and "Spectrum News" political anchor Errol Louis. Errol, always a pleasure to see you bright and early on Saturday morning. Thanks for joining us. he ball's now in Kevin McCarthy's court. He has to appoint Republicans for the select committee. He may not. Which Republicans do you think he'll try to appoint if he does?

ERROL LOUIS, CNN POLITICAL COMMENTATOR: Good morning Boris. My guess will be that -- you say the ball is in his court. I think he's going to take the ball and fling it over the fence and try and basically end the committee's legitimacy because that is actually sort of alongside the big lie of Donald Trump having somehow won an election that he clearly lost. You now have sort of this subsidiary lie, that the January 6th insurrection either didn't happen, didn't matter or certainly should not be investigated. That seems to be an article of faith, not just for Kevin McCarthy, but for Republican leadership generally.

You know, keep in mind, Republicans in the Senate filibustered the very idea of looking into this and finding out what happened. And so, as shocking as it may seem, it's going to be a major part of the Republican leadership's strategy to try and just disregard what happened all together.

SANCHEZ: So, how do you think Nancy Pelosi navigates this with Republicans already having been for months accusing her of playing political games even though what she put up for a vote on that commission answered to everything that they wanted?

LOUIS: Yes, I think that what the committee will have to do, just given the grave nature of the facts at play is maybe take a step away from politics and look into it, keeping in mind, Boris, that there's going to be a lot of help from the third branch of government. You know, there are hundreds of the rioters who are being prosecuted, and that is going to be a source of a lot of findings about what happened, what people thought they were doing, why they were there, who told them or who inspired them to go in there and ransack the speaker's office and you know, erect the gallows outside the Capitol and say that they were going to hang the vice president and on and on and on.

And to the extent that we can get that information and the committee can sort of boost it into the archives and put it in front of the people so that we'll have a clean, historical record, that might be the best we can do with this committee.

SANCHEZ: Errol, I want to ask you about this major decision from the Supreme Court on voting rights. The court splitting on ideological lines. They upheld two provisions of a restrictive Arizona law. A federal voting rights bill is unlikely to pass at this point. So, how do you think Democrats might turn the Supreme Court specifically into a campaign issue, whether in 2022 or beyond?

LOUIS: Well, you know, it's a curious kind of a thing, Boris. The Democrats by and large have not made the Supreme Court a political issue. Year after year after year, they kind of just let it go by. They -- you know, I think are living in an era that is long gone. When you could just appoint justices, expect them to do the best job that they could and just move on and do politics in the political realm and leave the court alone. Republicans have taken the opposite tact. And they have a majority to show for it. You know, what we now have though are Democrats who are going to have to make some really hard decisions about whether they're going to continue to have these hands-off attitude in which they just, you know, never pressure somebody like Justice Breyer to retire.

Never get into the deep politics of trying to make sure that people ideologically align with the Democratic Party, are on their way to the Supreme Court, never talking it up, never making it a real issue on the campaign trail. It remains to be seen whether or not that's going to change.

[06:35:00]

SANCHEZ: Errol, for a moment, let's get local and talk about elections in New York City. The board of elections in New York City under fire for screwing up tabulations of the mayor's race. They accidentally counted test ballots, maintaining public trust in elections is such an important goal right now. What kind of accountability would you like to see this board face?

LOUIS: I think there's going to be a dialogue and a debate here in New York about whether we can afford to have the antiquated structure of the state and local board of elections. We have a board of elections, Boris, unlike a lot of other states, it's run entirely by the local county organizations, Republican and Democrat, and so it's filled with family members and patronage cronies and hacks. And you know, the level of inefficiency that we've put up with for years really took a different turn because we implemented right choice voting for the first time, that's kind of a high-wire act.

It requires a lot of accuracy, it requires a lot of sophistication, it really completely overwhelmed the board's ability to deliver what it is we pay them to do. And so, there's now talk about what would have to be a change either in the state law, the election laws or more fundamentally, a change in our state constitution to reconstitute the board in an entirely different fashion. We'll see what happens. We have an unfortunate history in New York of complaining about the board of elections' latest screw up until the election is over, and then those who are in power say, well, we're in power now, so, I guess it was fair enough, and then they just got to kick the can down the road.

SANCHEZ: Oh, I mean, it's careless, given the climate and questions over, you know, voting integrity that are being ginned up by people who have an interesting line and making it seem like elections are unfair. So, now is not the time for that kind of carelessness. Errol Louis, thank you so much.

LOUIS: Thank you.

PAUL: So, Bill Cosby walked out of prison this week a free man. He'll never be retried for the sex assault charges he was found guilty of committing. Our legal expert Joey Jackson has a lot to say about this next. Stay close.

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[06:40:00]

PAUL: Forty-one minutes past the hour right now. And this morning's legal brief, disgraced comedian Bill Cosby spending his first weekend at home after his sexual assault conviction was overturned this week. Bill Cosby was serving a three-to-ten years sentence after being convicted of drugging and sexually assaulting Andrea Constand at his home. He was released from prison Wednesday, see it there, after Pennsylvania's highest court ruled his due process rights were violated during his 2018 trial. CNN legal analyst and criminal defense attorney Joey Jackson with us now.

Joey, as always, so grateful to have you with us. I do want to give a clarification here. This ruling is not an exoneration for Cosby. This is essentially a legal recourse, legal proceedings regarding due process. But where does that leave, you know, the dozens of other women who have accused him of sexual assault?

JOEY JACKSON, CRIMINAL DEFENSE ATTORNEY: Yes, good morning to you, Christi, very good point. The court certainly didn't exonerate him, certainly didn't declare innocence at all, but was very concerned with respect to how he was treated with respect to legalities and illegalities and how our system operates. In terms of your first question, where does it leave the victims? It leaves them without recourse for now. At least, as it concerns any criminal behavior, let's recall that he was brought to trial related to Andrea Constand, there were other accusers we call prior bad act witnesses not charged for that conduct, but that conduct could be used to show as we look at the numerous victims there a pattern of conduct.

And so, what happens now is that if in the event that there is some victim that is not barred by the Statute of Limitations, they could feel free to come forward. There's also civil recourse, right? In the event that there are civil lawsuits against him, those can proceed. But as it relates to any criminal charge, moving forward, that is unlikely. The court specifically in their 79-page opinion said, you know what? You cannot prosecute him. This case is over. And I think quite frankly, it was the right call from a legal perspective. Why? It was the right call because it really said that if you make an agreement, any prosecutor binds the commonwealth, Christi.

And they say, you know what? We're not going to prosecute you. In reliance upon that, Mr. Cosby sits for not one, not two, not three, but four depositions and incriminates himself by speaking about Quaaludes, by speaking about Benadryl, by speaking about various conducts. You know what? You only spoke because you knew you were going to be prosecuted. Now, a subsequent prosecutor can't say, you incriminated yourself, I'm going to prosecute you. The court said, no, violation of due process, it cannot stand, he will thereby be exonerated with respect to the criminal conviction, it made no judgment as to the merits of the case itself.

PAUL: Real quickly, movie producer Harvey Weinstein serving a 23-year prison sentence for sexual assault and rape. His attorneys have filed an appeal as well asking his conviction be thrown out. They say they have hope based on what they saw for their client, based on what they saw with Cosby this week. Does Cosby's new ruling -- does it give any opening to Weinstein's case?

[06:45:00]

JACKSON: I think we have to be very careful in that regard, Christi. Here's why? You can argue the cases, you know, could have some similarity because of the whole Me Too movement, time's up, the -- you know, the abuse against women, and you want to hold people in positions of authority and everyone else accountable. But the two cases are separate, and as much as Cosby's case related to a prosecution, where he was told you were not being prosecuted, let's remind everyone that the DA at the time in 2005 investigated the case, made a decision, I'm not moving forward.

As a result of that decision, Cosby spoke and incriminated himself. Those are not the facts as to Mr. Weinstein. Weinstein was not offered a non-prosecution deal and then later because of that really waived his Fifth Amendment rights, spoke to authorities, incriminated himself and were prosecuted. So, the two cases are not similarly situated. He made that as Weinstein have other grounds, Christi, to move forward, but it's not the same as Bill Cosby, and has very little to do with the court decision as it related to the Cosby matter.

PAUL: All right, Joey Jackson, always appreciate your insight, thank you so much for getting up early with us on the holiday weekend. Happy 4th.

JACKSON: Always. Thank you, Christi.

PAUL: Thank you. Up next, we want to tell you about a love story that you are not going to forget. Hear how a man fell in love with his wife all over again. This is remarkable. Stay with us.

(COMMERCIAL BREAK) [06:50:00]

SANCHEZ: As it has millions of Americans, Alzheimer's sadly robbed Peter Marshall of his memories. He had forgotten his fairy tale romance and wedding to his loved, Lisa.

PAUL: And Lisa is the one who is taking care of Peter, so you can imagine her surprise when he turned to her and asked her to marry him. Here's CNN's Elizabeth Cohen.

(BEGIN VIDEOTAPE)

ELIZABETH COHEN, CNN CHIEF MEDICAL CORRESPONDENT (voice-over): Peter and Lisa Marshall met, fell in love and in 2009 had a picture-perfect wedding. A memory that was supposed to last a lifetime. But three years ago, Peter was diagnosed with early onset Alzheimer's disease at the age of 53. He forgot that Lisa was his wife.

LISA MARSHALL, WIFE OF AN ALZHEIMER'S PATIENT: He started to tell me all about his wife, and he was bragging about his wife to me so that was helpful that I knew that he loved his wife, me.

COHEN: Lisa became simply his favorite caregiver, but they still had sparks.

MARSHALL: We were watching an episode of "New Girl" and there was a wedding, he looked at the TV and he had a smug little grin on his face, and he said, let's do it. And he pointed at the TV at the couple getting married, and I said, are you asking me to marry you? And he said, yes, and nodded his head and smiled bigger.

UNIDENTIFIED FEMALE: Big and small?

MARSHALL: I do.

COHEN: And so in April, Peter and Lisa found themselves back at the altar.

UNIDENTIFIED FEMALE: It is my honor and delight to pronounce you once again husband and wife. Peter, you may kiss your bride.

(APPLAUSE)

COHEN (on camera): What was that day like?

MARSHALL: The most magical part of it all was that cognitively, he was with me the entire day and it felt like ten years ago, and he just was so enamored with the whole -- with me, the day, our love, and it just felt so perfect.

COHEN: Now that you've been married twice, does he know that you're his wife?

MARSHALL: No, and he doesn't remember the ceremony.

COHEN: That is the brutal toll of Peter's disease, but for Lisa, going forward with the wedding was a rare opportunity to take a special fleeting moment and make it everlasting.

MARSHALL: These memories that we made. This vow renewal was for me to cherish for the rest of my life when I don't have Peter anymore.

COHEN: Right now, who does Peter think you are?

MARSHALL: His favorite person, someone safe, the person who takes care of him all the time. He loves me very much, you know, he's very affectionate and he scratches my back, he kisses me, he knows that there is love there.

COHEN: And even though he doesn't use the word, that's a wife, what you're describing?

MARSHALL: Yes, we don't need labels. You know, our hearts are very connected.

COHEN (voice-over): Elizabeth Cohen, CNN reporting.

(END VIDEOTAPE)

PAUL: Oh, my gosh. If you --

SANCHEZ: Wow --

PAUL: Ever doubt love, I mean, it's right there.

SANCHEZ: Yes, what a beautiful story from Elizabeth Cohen. Thank you so much for that, Elizabeth.

PAUL: No doubt. No doubt, and best of luck to them.

SANCHEZ: Yes, we do have some stunning video that we want to share with you, something that looked like it was out of a movie like "Lord of the Rings" or something. Boiling water and flames mixing together in the Gulf of Mexico. We're going to explain what caused this fire after a quick break.

(COMMERCIAL BREAK)

[06:55:00]

PAUL: I want to share some extraordinary video. Look at this. I mean, it looks like an eye of fire here in the water off the coast of Mexico.

SANCHEZ: Surreal images. Boiling water, flames breaking through the surface as crews work to get a handle on the fire. This is from an underwater gas pipeline. Mexico state gas company says the fire burned for about five hours. And you could see in the video it's not far from an oil platform. Fortunately, it did not have to be evacuated. No injuries were reported, just a crazy story with some amazing video.

PAUL: So, a flight from Hawaii to New Jersey got a little wild after some unauthorized passengers got on board, and they had to be chased off. (BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Oh, there he goes.

(END VIDEO CLIP)

PAUL: Yes, that's the crew of the United Airlines flight guiding birds off the plane. Now, at some point, they turned off the lights, you can see there, they closed all the shades, try to have -- lead the birds out.

SANCHEZ: Yes, and the strategy worked. At least, two birds are seen eventually flying off on their own. The passengers on board clapping. The airline says that after roughly a 25-minute delay, they were able to depart safely. There is no word yet though on exactly how the birds were able to make it on board. Unclear if they had tickets for that flight. NEW DAY continues right now.

PAUL: Good morning to you, and welcome to your NEW DAY, it's so good to see you, I'm Christi Paul.

SANCHEZ: And I'm Boris Sanchez. America is open and millions are on the move this holiday.