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tv   New Day With John Berman and Brianna Keilar  CNN  May 3, 2022 5:00am-6:00am PDT

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that suggests the court is ready to strike down the landmark decision that legalized abortion, that has stood for almost 50 years. the leak is a stunning breach of the court's confidentiality and secrecy. >> what do we do? >> stand up, fight back. >> what do we do? >> stand up, fight back. >> demonstrators rushed to the supreme court overnight. supporters of abortion rights and those opposed to abortion. >> we're expecting a statement from the white house this morning on this. and if this is the decision, it could almost instantly criminalize abortion for millions of american women, by some estimates about half of u.s. states would move quickly to ban or restrict abortions. and this decision raises questions about the future of other supreme court rulings, including decision s on same se marriage and contraception. and cnn got exclusive video outside the home of chief
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justice john roberts as he left for the day. >> do you have any comment on the court -- supreme court's draft opinion being released? do you plan to investigate the leak? >> as you can see, no comment from the chief justice there. jeremy diamond at the white house, first to jessica schneider outside the supreme court for the substance of what would be a truly historic decision, jessica. >> reporter: absolutely, john. this would be a monumental and consequential decision if it is ultimately issued by the court here. but also this stunning breach of secrecy. the court never releases even an inkling of what their opinions might be before decision day. so this is very significant. politico reporting that justice samuel alito has written this draft majority opinion, that would completely eliminate the constitutional right to abortion that has existed in this country since 1973, when roe v. wade was issued and subsequent opinion in 1992 planned parenthood versus
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casey. that this draft opinion, justice alito writes this saying, we hold that roe and casey must be overruled. the constitution makes no reference to abortion and no such right is implicitly protected by any constitutional provision. it is time to heed the constitution, and return the issue of abortion to the people's elected representatives. politico is reporting that this 98-page draft is also being joined by four conservatives to make up that five-member majority. the four conservatives being justice clarence thomas, justice neil gorsuch, brett kavanaugh and amy coney barrett. this is just a draft. it has not been verified by cnn. the court so far is issuing no comment. we see that the chief justice not saying anything just yet. and, of course, john, this was a draft opinion dated february 10th, so it is possible that things have changed since then. it is also possible that justices could change their vote, that that has happened in the past. but if this stands it would be a consequential 5-4 decision that
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would eliminate the constitutional right to abortion and states would act quickly. in fact, we have already seen a flurry of republican-led states changing their laws, rolling back abortion rights, completely eliminating abortion rights. in the past week we have seen oklahoma lawmakers pass a six-week ban, but more conseq consequentially, the governor there signed a complete abortion ban set to take effect in august. so, john, republican-led states are moving swiftly here. at the same time we're also seeing democratic-led states, democratic governors speaking out about this. so, an already divisive issue being more -- being made more divisive by the release of this draft. >> coit could have an instant impact on millions of women if this is the decision that is issued. >> let's go now to cnn's jeremy diamond live at the white house. how is the white house responding to this? >> reporter: we are expecting the white house to release a
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statement this morning on this situation right now as it relates to roe v. wade. and we could also hear from the president directly as he leaves the white house at 10:30 this morning. the white house made a practice of not commenting on leaked documents in the past. i would be surprised if they comment on this draft decision. but i think we can expect the white house and the president himself as well to reiterate what they have said before, the president during his state of the union address talked about the fact that roe v. wade is under attack, under assault like never before and we have also seen the president and the white house repeatedly reiterate in statements that they do want to see roe v. wade codified as the law of the land through legislation. that's unlikely to happen right now, of course, given the current makeup of the senate, of the fact that the filibuster is still in existence. but we know that the white house has also been preparing for this moment, brianna. they have been reacting to one state after the next that has sought to dismantle abortion rights across the country.
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and in doing so, they said that the white house's gender policy counsel, the white house counsel's office and the department of justice have all been looking at what kinds of steps the federal government can take to try and stop this dismantling of abortion rights in various states across the country. they have been meeting with abortion rights activists and preparing for this moment. we will see how the president responds to this, but certainly they will reiterate they want to see this codified as the law of the land regardless of the supreme court decision. and, of course, that they will take every step they possibly can to try and protect women's rights to choose. brianna? >> jeremy diamond live at the white house, thank you. joining me now is minnesota senator tina smith, she previously served as the executive vice president of planned parenthood in minnesota. senator, thank you so much for being with us. the words in this draft opinion completely unambiguous. let me read them to you, we hold that roe and casey must be overruled.
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so when you hear those words, how do you feel? >> well, it is really incredible. i think this is the first time in my lifetime, probably the lifetime of almost everybody that the united states supreme court is rolling back constitutional rights for people in this country. and i know from my personal experience looking at planned parenthood that women have a great capacity to be able to make decisions for themselves about their own pregnancies and about what they want to do with their own bodies. this is a fundamental -- it is the most american of values, right? the value of freedom and self-determination and autonomy. and it looks as if the supreme court is preparing to roll back those rights when it comes to abortion. it is stunning to read this draft opinion, but i have to say, it is not surprising. this is the culmination of decades of work by republicans at the federal and the state level to overturn roe v. wade
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and now it looks like it is happening. >> the decision would effectively throw the decision about whether to keep abortion legal or not back to the states. and by some estimates it will put a map up right here, about half of u.s. states would either ban or restrict abortion. you can see some of the states have already passed restrictions or proposed bans. some are expected to. so if you are a woman, in one of states up there in the map in red, and you would like to have an abortion for whatever reason, what happens to you? >> well, as you reported, somewhere around half of the states have passed some sort of extreme limitation on abortion rights. i think about my home state of minnesota where we have a guarantee in the minnesota constitution to protect the right to privacy and women's rights. what we're seeing in minnesota already is people coming from surrounding states, states as far as texas to be able to get an abortion if that's what they know is best for them. this puts extreme pressure on
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women. what will happen is that people will find a way to get the healthcare that they need. but the burden that this will place on them is really dramatic and some people will not be able to make it work. and it is -- it is going to have massive consequences for women across this country. especially women who end up living in places where their rights are completely rolled back by governors, by republican governors and republican state legislatures. i think it is going to be a galvanizing moment in our politics because of this, because this is a republican driven conservative driven effort that has been going on for decades, and i have to point out, of course, that we have three supreme court justices on the court right now, two appointed by trump, that have -- that have -- are completely -- have completely changed the makeup of the supreme court. >> if this is the decision that is ultimately released, we
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expect in two months, what recourse do you as a u.s. senator have? >> well, my background is in community organizing and we'll have to organize to win elections in order to get a majority in the united states senate so we can codify roe v. wade and we're going to have to organize at the state level as well to do everything we can to protect these rights. i am not naive, though, this is going to be a long, difficult fight. but we have to be able to at the end, i believe we will persevere, but it is going to be a long, long difficult fight. and we have to overturn the filibuster in the senate, so we can actually protect people's rights with the simple majority, which only seems right also. >> let me ask, though, if the republicans retake control of the senate and the house and were to win the white house in 2024, the filibuster went away, they could theoretically pass the federal ban on abortion and no filibuster, you have no recourse then, correct? >> well, consider this, they are so dramatically out of step with
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the opinions of the american public, recent polling shows that there is no state in the country where more than 30% of people believe that abortion should be banned outright. i think that in some ways the republican party is like the dog that -- they have been campaigning for decades an overturning roe, now on the verge of realizing their goal and out of step with the american public. and i believe there will be consequences for that. >> senator tina smith, i appreciate your time this morning. thank you. >> thank you so much. new reporting that vladimir putin is expected to formally declare war on ukraine in less than a week. what would that look like and how would the u.s. respond? we'll be joined by pentagon press secretary john kirby next. plus -- >> russian-backed forces fire rockets towards the azovstal steel plant in mariupol. we have the very latest on evacuation efforts under way. it's still the eat fresh refresh, and subway's refreshing their italians.
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in ukraine. vladimir putin may be getting ready to formally declare war on ukraine in a few days. it would allow the move of the reserve forces. to date, he's only called it a special military operation.
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ukrainian military reports 12 attacks over the past days have been repulsed in the eastern part of the country, this, of course, the bulk of the fighting taking place over the past several days. ukraine claims to have shot down seven attack drones. i want to show you activity around kharkiv right here. this is ukraine's second largest city. you can see here ukraine claims that operations have been able to take back territory around the city, push russia 25 miles to the east of the city over the last 48 hours. we also have new video released by the russian ministry defense, it shows the launch of high precision cruise missiles from the black sea coast. russia claims they are targeting ukraine's military infrastructure. also, in mariupol russian-backed forces firing rockets in the direction of the steel plant there, despite the fact that scores of civilians are still
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sheltering inside. evacuations from that plant now under way. moments ago, the mayor of mariupol spoke to us about the dire situation for the civilians who are remaining. >> translator: the russian army is holding more than 100,000 people captive in mariupol. they are using them for hard labor to clear the rubble that these russian troops created, by their bombardment, to dig graves, mass graves for the people that the russian army killed, over 20,000 people were killed. and so the situation for these people is very, very difficult. >> joining us now is pentagon press secretary john kirby. sir, thank you so much for being with us this morning. are you expecting vladimir putin to declare war by victory day? >> you know, we have seen the same kind of rumors that you have, brianna. we can't confirm that's what he's going to do or not. and quite frankly, he's already declared war on ukraine. on february 24th, he moved all
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those forces in along three lines of axis, and started killing innocent civilians and bombing cities and towns throughout ukraine, he's already declared war. some experts will say this might give him a little bit more flexibility in terms of calling up reserves, but frankly he can do that anyway. and he already has. there is a whole new batch of conscripts, young 17, 18-year-olds with very little training that he's now flung into the fight and we're already seeing that many of them are having morale problems, leadership issues and not fighting very well. >> it is sort of a funny distinction in that clearly russia is at war in ukraine. but you did mention that it would allow this full mobilization of reserve forces. would that add -- you say that he could already do that now, but would that add to what the russians have in a way that is at all game changing? >> well, what we -- i can't -- i don't know how many reserve forces he might be able to call up and i don't know what timeline. what i would tell you is that as they lost the battle of kyiv,
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and as they tried to then refocus their efforts on the donbas particularly that eastern part of ukraine, he has already put more reinforcements in, and tried to shore up battalion tactical groups that were almost completely depleted from their combat effectiveness. now, he's done that, he's put some together in a patchwork way and reintroducing them into the east. he's got about 90 or so battalion tactical groups and we continue to see him want to reinforce them with additional manpower. so, look, it is possible that this could give him a little bit more flexibility, but he's an autocrat. and if you really want to call up more people and put more people into the fight, he would -- he would already be able to do that. let's not lose the bigger picture here. whether he declares war or not, he's already at war in ukraine, he's already killing innocent civilians, flinging millions into refuge and what needs to happen instead of declaring war, some symbolic effort to prove that he's now more of a victim than he claims he was before, he should sit down with many
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zelenskyy, and do the right thing and end this war, rather than declare, he should end it. >> how do you see where russian forces are now on their objective on being able to annex parts of eastern ukraine? >> they're struggling. the progress in the east from the russians has been uneven. it has been impeded, it has been slow. and they have not been able to achieve a whole lot of success there in the east. they're still bombing mariupol. for all the claims there is no resistance in mariupol, there is. they have not achieved really any of the strategic objectives that mr. putin set out for and the ukrainians are fighting back stiffly, bravely, nimbly, skillfully in the donbas region. there is a lot of back and forth. the russians might take a town or two, ukrainians will take it back. we're still continuing to see that, even over the last 24 hours. >> how do you see putin's ability compared to ukraine's, though, to back that up? doesn't he have an endless
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supply of resources to throw at what he sees as this problem? >> i wouldn't describe it as endless, brianna. certainly he has numerical advantages. he has the ability to draw on more manpower than the ukrainians do. he has more aircraft available to him, he has more missileiles available to him. i will tell you this, while it is still a lot, he's about 75% or so of the combat power he once had that he still has. it is not like he's been depleted and it is not just about the stuff. it is about the skill and the organizational ability, the command and control, the ability to integrate ground and air. the russians have not overcome the challenges that they had early on in this war. when they were all going to kyiv, everybody was predicting kyiv was going to fall in a couple of days and it didn't. and one of the reasons it didn't is because the russians couldn't get their act together and they're still struggling in the donbas. even when they named this new general, four star general to
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sort of take over, they still have not overcome all those challenges. by contrast, though smaller in number, the ukrainians still have a lot of their capability left to them, and more is flowing in every single day. they also have better command and control, better communications, high morale. they are fighting bravely. they have got -- they allow for initiative. they have a noncommissioned officer core because all the training they got over the last few years and they have all the advantages in the field as well. >> the president is visiting this factory that makes javelin anti-tank missiles. what is his objective? >> i won't speak for the president, i won't get ahead of his visit, but i think he clearly wants to get a look at least one of these kind of munitions that has proven so critical on the battlefield and still is. the javelin anti-armor missile is very, very effective. and you don't have to look anymore than the footage that cnn has been showing every day of burned out and destroyed
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tanks all over ukraine to see the evidence of that. and i think it is important that the president reach out to our defense industrial base because that's going to be critical in helping ukraine continue to fight this war and continue to be able to defend itself is our own defense industrial base. so we're glad to see that the president is going down there to take a look, not just at the missile and what it can do, but about all the great americans who are helping produce these kinds of systems that are having such a profound effect inside ukraine. >> there are so many people behind all of this aid that is going there. >> that's right. >> john kirby, we appreciate you being with us from the pentagon. thank you. >> yes, ma'am. a political fire bolt, out of the supreme court, as a leaked draft shows the supreme court is prepared to overturn roe v. wade. is this the beginning of the end of abortion rights in at least some parts of america? and primary voters in ohio and indiana heading to the polls this morning. a live look at voting. what impact will all of this have on the midterm elections?
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roe v. wade has been the law of the land for nearly 50 years, guaranteeing a woman's right to abortion. according to a stunning report, that could be about to change. politico obtained a draft opinion written by justice samuel alito that would strike down roe v. wade. joining me to discuss a few key passages, cnn chief legal analyst jeffrey toobin. this is the draft report, again, obtained by politico. it could change, but the language in here is stark and specific. alito writes, we hold that roe and casey must be overruled, significant, not half measure, not saying, well, some restrictions can stay in place, but blow it up. >> absolutely. this is what makes this opinion, again, if it becomes the opinion of the court, so significant because it means an entire area of law, literally dozens of opinions since the supreme court decided roe v. wade in 1973 reaffirmed over and over again, they're all overturned and that
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throws an enormous area of the law up for grabs, because it is not necessarily just abortion that is covered by this -- by this decision overruling roe. >> we'll talk much more about that. just so people know, it throws it back to the states. here is a look at the states, what they would do. the states in red and yellow almost certain to ban abortion or likely to. we're talking about in some cases bans without any exceptions. >> and it is worth pointing out that that decision is written in such a way that if congress and the president were so inclined, congress could pass a law banning abortion in the whole country. new york, california, that opinion is an open invitation to congress to ban abortion in the whole country, not just return the issue to the state. >> little more language from alito that is important. he writes in the draft, roe was
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egregiously wrong from the start. i'll underline that. why is he using such strong language here? >> because the court is usually reluctant or at least publicly reluctant to overturn its prec precedents. the whole idea of precedence is to give the public the idea that the law has some stability, that the court is different from congress. congress is not obligated to follow what previous congresses have done. but the courts are supposed to be different. and so they only overrule their precedents when the precedents are egregiously wrong, according to the majority. that's why he feels so obligated to write language in that way. >> that's what some conservative justices have likened to, plessy versus ferguson, they have written those decisions were so wrong that precedence doesn't apply. >> that's right. but they do overrule them now and then. it is not unprecedented in the
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court's history to overrule precedent. but once you start overruling precedent on a regular basis, you sacrifice the constitutional respect that the court has. that's the risk that they run. >> you were talking about whether or not by banning or overturning roe v. wade basically alito is opening the door to other things. he writes, the abortion right is also critically different from any other right that this court has held to fall in the 14th amendment's protection of liberty. he writes this, in this case, a source anonymous with privacy, the idea of a constitutional right to privacy since the 1960s has protected things like interracial marriage, contraception, recently same sex marriage, he seems to be writing abortion is different, but -- >> but, once you start eviscerating the right to privacy, you can't control where it necessarily goes. the right to privacy, as you say, it goes even back, it goes back to the 1920s when the court
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said, oregon could not say to parents you have to send your children to public school. oregon passed a law you lawing parochial schools. court said you can't do that. there is a zone that parents have of control over their lives. in nebraska, ban the teaching of german. they said you can't do that because that's up to privacy. this abortion only comes out of all those cases, about contraception, about same sex relations. georgia had a law that criminalized sodomy and the court said that violates the right to privacy. alito is saying here, no, no, no, those decisions aren't affected, but he can't control that. once you eviscerate the right to privacy, he can't control and no one can control where it might end. >> thank you very much for that. brianna? >> joining us now, cnn political
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director and host of the cnn political briefing podcast david chalian and cnn senior political correspondent and anchor of "inside politics sunday" abby phillip. this news is hitting washington and the country like a earthquake. i wonder how this is rocking the political landscape as we're so close to a midterm. >> i think this is probably the first time in roughly 50 years that i think democrats have an argument to their voters, but also to a lot of voters in the ideological middle of the country, principally women, that this is not -- the right to an abortion isn't just being chipped away at, it is on the verge of going away at least half of the states in the country. that changes things for democrats. they have -- now have an argument to voters that this is the contrast. a couple of days ago, the white house was arguing that the contrast is not between joe biden and generic republican or inflation and generic
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republican, it is the status quo and an extreme right. and i think that will give a lot of fuel to the argument that the option available to voters in the midterms is an extreme right. >> we haven't -- we have seen to abby's point over 50 years, this issue motivate conservatives. truly just get them to the polls. this has been a driving life force within the republican party for 50 years. and democrats always talk about it and on the campaign trail you'll hear them try to rally their troops, the supreme court, remember, we have -- we need that too. it has not proven to be an issue that actually gets democrats out to the polls and vote in that kind of impassioned way. lots of other things and perhaps the assumption that because this court case roe v. wade was in place, that all would be okay. that assumption is out the window now and what democrats are going to try to do and, remember, all the polling has indicated so far, this year, brianna, there is a real enthusiasm, disadvantage for democrats. we have seen this year
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republicans are far more interested according to the polling in turning out in november for the midterms. is in the thing now we're going to watch. democrats are going to lean in hard to this, because they believe now this is the thing that can mobilize their troops and get their turnout operation much more in line. >> isn't there an argument to be made that they weren't as motivated because they had this right, they had the ability to get an abortion if they wanted to or just to know that that right that they believe in is there. and now that is being threatened. i wonder if that is more motivating. >> i think that it definitely changes the calculus, it is not just about abortion. i think you'll see this as democrats start coming out and talking about this. within this draft leaked ruling by justice alito is a list of all the other types of rights that are protected or recognized by the same basic principle that abortion rights had been for about 50 years. they include things like same sex marriage, and the
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contraception and gay marriage. and democrats are going to say to voters, based on what we are seeing in the text so far that it doesn't stop there. and already, i mean, i've been looking at what activists have been saying on the right. they are talking about restricting, you know, it is not just abortion. restricting things that include contraception that women across the country, it is broadly popular and it has been -- it has been part of american life for their lives, for their mother's lives, for their mother's mother's -- parts of their mother's mother's lives and that's going to be a major seed change in how people perceive what country they're going to live in. >> this is why it is a bombshell for all reasons, but when the court, if this is where they end up, takes a position that only 30% of the country agrees with, it is hard for it not to be a bombshell. that's the reality. the court here is taking a very
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unpopular decision. >> do you see republicans, though, wanting to go in that direction that abby just spelled out? >> without a doubt. >> they said they are going to do exactly that. >> they're making that clear. state by state, and there is going to be a conversation on the right about, you know, nationalizing it beyond the state by state piece of this. we were just talking, it is like on the flip side, what you see from the progressives on the left instantly last night when this news broke was once again calling for an end to the filibuster which we know the math isn't there for that, in order to try and codify roe into law. so now you're going to see what has been a battle about the courts and state legislatures for decades now, it is going to move to congress in, like, in a legislative battle over which side now can get their most extreme version of this into place. >> we're in a new place, i will tell you that. thank you, both, for having this conversation with me. abby phillip, david chalian, thank you. cnn goes inside the alabama
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in a new interview with "60 minutes australia," volodymyr zelenskyy reveals he has survived more than ten assassination attempts and he says that's not so bad. listen. >> it must be unnerving knowing how much certain people want you dead. >> translator: i think that considering all what we live through, what is happening right now, when people are sitting in cellars, when people are being tortured, i think that my situation is not so terrible. >> joining me now, cnn senior global affairs analyst bianna golodryga. he also revealed that russians
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showed up at his compound, one night when his family was still there, early on. >> february 24th, when russia first launched its invasion. u.s. intel, western intel suggested it would be a matter of days before russia was going to be able to seize kyiv and that's why they offered him safe passage out of the country, assuming that he would likely be better of leading from perhaps poland or a neighboring country, but, he stayed, he said his family had still been in that compound. and i think all of this speaks to the bigger picture of just how much intel the u.s. is providing ukraine and we're seeing that live evolve as this war continues, as the u.s. is more confident that perhaps ukraine can win. i think early on it was highly lawyered up, right, in the sense of how much intel the u.s. could give ukraine, really not wanting to involve itself in the war. since then we have seen that drastically expand into scenarios where once a week if not more ukraine is targeting russian fuel depots, ammunition
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depots. just this week -- >> in russia. >> in russia. just this week, russia launched attacks against odesa. well, just before then, just moments before then, ukraine managed to scramble some of its fighter jets ahead of that attack. that gives you a sense of some of the intel the u.s. is providing. >> want to ask you something of what we're learning. the french recently re-elected president emmanuel macron. he had a two-hour phone conversation with vladimir putin. he had been speaking to vladimir putin regularly but stopped after the atrocities in bucha came to light. now we have this new two-hour conversation. >> you see various perspectives and how to approach vladimir putin throughout europe and its allies. he continues this phone diplomacy, obviously given what is going on in russia, and the atrocities there, i'm not sure what exactly he's expecting vladimir putin to say. what we know is that vladimir putin has denied many of these atrocities and blamed ukraine for not cooperating there. but in other countries like italy, the prime minister saying over the weekend that at this
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point, it is just a waste of time to speak with vladimir putin, that all he spews are lies. it gives you a little bit of a breakdown as to how world leaders view engaging with him and whether there is any merit to it. >> ready for a readout of what was discussed or what if anything came of it. bianna golodryga, thank you very much. next, an emotional interview with a survival of the tulsa race massacre after a key victory in court. >> you won't stop until it is finished. >> won't stop. will not stop. you're never responsible for unauthorized purchases on your discover card. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! (sighs wrily) here i'll take that! (excited yell) woo-hoo! ensure max prote. with thirty grams of protein, one gram of sugar, d nutrients to support immune health.
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a packed courtroom erupting in cheers and applause after a judge ruled a lawsuit seeking to remedy the 1921 tulsa race massacre could proceed. attorneys for the plaintiffs are in a race against time for some measure of justice for the last of three known survivors who are each more than 100 years old.
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cnn's omar jimenez live for us in tulsa, oklahoma, with more on this. omar? >> reporter: well, brianna, 300 plus years between them, and this may be their last chance at a trial. the lawsuit is essentially alleging the massacre created a massive burden, both economically and financially, that the effects of which are still being felt today. and they want those and city and county leadership who they deem responsible to repair what the survivors say they broke. so when the judge announced this case would at least move forward, the standing room only courtroom burst into cheers and applause. those three remaining survivors all over 100 years old were sitting front row and we spoke to the youngest of them, 101 years old, but uncle red, as he's known, couldn't believe it. >> you really feel it deep down to your core? >> yes. >> been a long time coming?
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>> long time coming. it is going to come. a change is coming. >> after decades and decades of trying, this is just for a chance. >> you go back 100 years. >> to be clear, the judge only said this motion to dismiss was denied in part, but also granted in part, and left it at that with no further details. so we don't know immediately when this would go to trial. but bottom line, the case was announced it would move forward giving the survivors a potentially golden opportunity. take a listen to one of their attorneys. >> while we're so happy today, because of the first time in the history of this incident, which is over 100 years old, we're able to move forward to discovery to learn more about this incident and hopefully get the remedy that we need. >> we're not through yet. >> that's right.
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>> we're just starting. >> that's right, uncle red. >> you tell me, my nickname, red, you talk too much. i don't talk enough. i got a chance to talk. >> you won't stop until it is finished. >> won't stop until it's finished. will not stop. we can keep driving. i'm going to be 130 years old, i'll be here a long time. >> reporter: i really don't know how that guy has the energy. but moving forward, they're waiting on the order from the judge to figure out what exactly was denied and what was granted in this particular case. the defendants made up of area and city county leadership argue it has been too long since this happened and they would be stepping on the toes of the legislature if this case were allowed to move forward. the survivors said injustice plus time does not equal justice. and at least for now, even though the survivors are all over 100 years old, this judge has given them after more than a
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century a chance out of semblance of justice, brianna. >> that gentleman is 101 years young. i'll tell you that. fascinating interview. thank you so much, omar jimenez live from tulsa. voters were heading to the polls this morning in ohio and indiana where several high stakes primary races will be decided. and the influence of donald trump will be put to the test. and this comes after stustun ing news out of the supreme court, a draft opinion showing the supreme court will overturn roe v. wade. how soon could it happen and what does it mean for reproductive rights in the united states? check out this . come on. ♪ ♪ ♪ bonnie boon i'm calling you out. everybody be cool, alright? with ringcentral we can pull bonnie up on phone, message, or video, all in the same app. oh... hey bonnie, i didn't see you there
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it is primary day in indiana and ohio. all eyes on ohio's prerepublica primary for u.s. senate, a tight race, an early test of former president trump's endorsement
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power. kristen holmes live at the polls in cleveland. what are you seeing? >> reporter: good morning, john. happy primary day from ohio. as you said, all eyes are on that senate gop race. this is the first in a series of primaries that is really set to test the power of donald trump and his ability as a -- he did endorse j.d. vance. he's a political novice and surprisingly he's a former never trumper. and while this endorsement did propel vance to the top of the pack, it is by no means a done deal. you have to remember this, when vance was speaking out against trump in 2016, he was speaking out aggressively against the people who voted for him. and so when you talk to voters on the ground yesterday, they were still questioning vance's loyalty. so interesting to see what happened there. the other two candidates, josh mandel, campaigning with senator ted cruz over the weekend, he had tried to get trump's
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endorsement, unsuccessfully, and the other is former state senator matt dolan. dolan is interesting. he's trump friendly but did not try to get trump's endorsement and he has said it is time for the republican party to move forward from trump's lies about the election in 2020. there is some indication that dolan is gaining momentum on the ground here. we have seen the fronting their dolan. it was interesting on the trail, we spoke to so many voters which are still undecided. there is potential for a surprise here. >> quarter of voters still undecided as of the most recent polling, not that the polling this late matters. the dolan factor is fascinating. you look at mandel, vance, both extremely pro trump, they could cancel themselves out. so there might be an avenue for someone trying to stake out their own territory there. may not need to get much more than 20%, 25% of the vote depending how this breaks down.
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kristen holmes in ohio for us, those polls close tonight. thank you for your coverage. appreciate it. a lot going on this morning including the stunning news from the supreme court, the idea that samuel alito has written a draft opinion overturning roe v. wade. cnn's coverage continues right now. an unprecedented breach and a stunning supreme court opinion draft. roe v. wade on the brink of being overturned. good tuesday morning. good to have you with us. i'm erica hill. >> i'm jim sciutto. breaking overnight, a draft, a draft supreme court opinion obtained by politico appears to show the nation's highest court poised to strike down roe v. wade. the move would reverse nearly 50-year-old precedent and lead immediately to the outlawing of most abortions in at least 1


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