Transcripts For CNN CNN Newsroom With Poppy Harlow and Jim S

Transcripts For CNN CNN Newsroom With Poppy Harlow and Jim Sciutto 20240708



who that will be. also, how long it will take to get her confirmed. the legal and political aspects of that. supreme court reporter ariane de vo vogue. there's an interesting two track thing. he stays until the end of the term but start the process now. >> right. well, for years, the process was usually between two to three months. there was the pick and then the vet and the nominee would go and visit with all the senators but all that changed, remember, with justice amy coney barrett. the republicans really pushed it, compressed it from announcement to confirmation. it was about 30 days. so you could see here the democrats moving very quickly. they could have hearings, they could even have a vote and then the president wouldn't sign off on the commission until after the term, right? when breyer has finished on the term. on the other hand, timing is interesting because this hearing is about a lot more than the nominee. first of all, it's going to be, as you said, the first african-american woman. that in itself is a huge milestone. but it's also going to play out while the supreme court is actually right now considering some of the biggest issues of the day. they're considering whether to overturn roe v. wade. they're considering whether to expand gun rights. next term, it will be affirmative action. some democrats see this as a rare opportunity to engage people who may not always be exactly focused on what's going on in the court to say, this is why it matters and, of course, durbin, it will be the first time he chairs one of these hearings. he'll be careful. he may not want to raise too much or take advantage of this opportunity that comes as the political process is set to play out in the upcoming elections. that's why the timing here is so interesting. >> clearly, ariane, put a lot of time and thought in interviews with you and others, frustrated when asked that question but here he gives a lot of time for the president to make that choice, if the president chooses to take that time. it appears they're not, on the senate judiciary committee, to have a meeting on the books to come up with a confirmation strategy. what more can you tell us about that strategy? >> reporter: dick durbin is meeting 11 members including him on this committee some time today. they'll meet virtually for the process. a questionnaire that goes to the nominee after the president picks his nominee and then there will be an opportunity for the committee members to meet with that nominee. there will also be, of course, the hearing, which will potentially happen quickly. that's what chuck schumer wants to do and following that amy coney barrett timeline which took a month between the time the nomination was made until the time of confirmation. they want to move quickly but durbin also has limitations because the fact there are in a 50/50 senate. they have to be careful not to put off some of their swing votes, some people who may want more time or yesterday, senator susan collins of maine with the swing vote on the republican side raised concerns about moving too quickly as they move ahead and procedures in the rules of the senate for republicans, if they wanted to scuttle a vote from happening, they could essentially do that by denying a quorum and there's concern if they move too quickly, they could forge, republicans take some recourse in their hand to slow down the process. so these are the kind of things that democrats will have to work through as they lay out their str strategy, lay out timeline as they push ahead but democrats are confident they'll have the votes at the end of the day. the 50/50 senate. joe manchin and kirstjeyrsten s. manchin vote for two of the three supreme court nominees and expectation they'll be to pick up some republicans as well. >> fast or slow is in the eyes of the beholder. look at the, depending on the politics. thank you very much, manu raju. cnn legal analyst, elliott williams and then thomas griffith who served on the dc circuit from 2005 to 2020. thanks to both of you. elliott williams, in terms of the significance of the court, this is a hold, right? for democrats and the liberal wing, given that you're replacing one liberal with another. tell us the significance here. >> bits of significance. a question of counting the noses of people elected by the court by democrats versus republicans but what it does is it secures a seat on the court for 25, 30, however many years just looking at basic human life expectancy. so number one, it puts someone who's more liberal on the court for a longer period of time. number two, president biden committed to putting a black woman on the court. that is profound in american history. look, it took some 178 years before a black person was put on the court in 1967. it was many years before, after that, in 1981, when a woman was put on the court. it's just time to diversify the supreme court more. this is a very profound and significant and very important step forward for all of us as a nation and everybody in terms of equal rights for all. >> it was interesting to hear you and senator lindsey graham seem to agree on one point yesterday and that is that elections do have consequences. let me turn to you. president biden named you to a commission to study the supreme court that was formed last april. as we heard, senate majority leader chuck schumer wants to move this quickly. walk us through the timeline here and how quickly this actually could work out. >> well, that really is up to the lead er. there are rules in place. rules regarding the time that it takes to bring an action before the senate judiciary committee. but those are all subject to majority vote and this could be done very quickly. it's really, it will really be up to leader schumer and to chairman durbin, how quickly they want to move on this. >> when you look at the candidates, elliott williams, here, you have a lot of, i mean, supremely qualified women, enormous variety. do you see, based on your knowledge of this, a favorite here? >> well, look. i'm not at the white house. so i don't see a favorite. all of the candidates that have been put forward are either harvard law graduates, federal jun judges, law professors, sterling credentials. to pick up on biana's point about elections having consequences, this matters in terms of who president biden put on the court and mattered when republicans were able to hold open a vacancy for more than 300 days when they have a majority and it will matter for president biden and his ability to fill future seats. elections, not just for the presidency but the united states senate matter and have profound consequences for days to come. >> one who does not is michelle childs, south carolina. >> a federal judge. >> not questioning the credentials. just saying, you have someone outside of that tiny little bubble. >> and clearly, that's someone jim clyburn has been pushing to nominate. we focus on this monumental change we would see with a black woman on the supreme court bench but can you talk a little bit about justice breyer's legacy, having served there 28 years? he was described as someone who looked beyond, i'll quote this, to purposes and consequences. what lasting impact will he leave for the supreme court? >> it's a great loss for the supreme court. justice breyer and throughout his tenure, was adamant at a point that the media doesn't pick up up and probably disagrees with and that judges are not partisans in rogues. justice breyer would not be pleased with the description to him as a liberal hit of the liberal wing of the supreme court. he viewed himself and i think rightly so as a judge who, by oath, did his best to be impartial in applying the law. not looking for certain outcomes that favored democrats or progressives. he was doing his best to apply the law as required by the constitution, the statutes. he was an expert, before he came a judge, one of the leading scholars on an area of administrative law. that's an area that big issues coming up on the supreme court of the role of federal agencies and whether they have ove overstepped bounds or allowed congress to do more than they could do and justice breyer looked to because of his experience and his scholarship as a leader on the court when it came to issues of administrative law. his expertise in that area will be greatly missed but one final thing, he had more experience before he was a judge, working on capitol hill as a senate staffer than any of his colleagues and you saw that in his opinions. a lot of deference to congress, to acts of congress. that was his natural inclination, that inclination is not shared by all of his colleagues on the supreme court. >> judge griffith, you say justice breyer's belief was judges are not political. do you still believe that, given what we've seen with the juicing of the process, for instance? some presidents allow the right to make appointments, others not, and also, decisions that have come out that seem to favor one party over another. >> yeah, no, there's no question it's a political process. right, it's our elected representatives who choose the judges. what i'm endorsing in justice breyer's view here is in the act of judging, judges do not confer together to decide, will this outcome favor this political party? will this outcome disfavor this political party? that is just not how it's done. there are vigorous disagreements with judges about how best to interpret the constitution, how best to interpret the statute and you see divisions along those lines but the idea that the justices or judges more broadly are looking to help the republicans or help the democrats. i've been there, i'm telling you, it just doesn't work that way. >> if i could say one thing, jim. that's a noble aspiration from the judge, i respect it and appreciate it but the simple fact is there's a remarkable tracking right now of judges that, at least on the supreme court, judges appointed by republicans and judges appointed by democrats and how you can predict how they might vote. i worked in, as a prosecutor, a lawyer for years, but the simple fact, and we would strive and we should strive for a political judiciary but it's just not operating that way in practice anymore. >> justice breyer publicly expressed. we'll have to wrap it up here. just to put a pin in this though and justice breyer was outspoken about how he thought you should not associate the justice with the president. thank you. still to come, the kremlin reacting to the united states' written response to russia's demands in the escalating ukraine crisis. so what happens next? plus, prince andrew is now apparently ready to fight the sexual abuse allegations against him in court. why he's now demanding a jury trial. police are now begging for help to track down a killer who took the 16-year-old girl and dumped her body next to a los angeles freeway. we'll have a live report coming up. watch this. that was in these clothes... ugh. but the clothes washed in tide- so much cleaner. if it's got to be clean it's got to be tide hygienic clean. opportunities are all about timing. so if you're turning 65 or retiring soon, it's time to take advantage of a plan that gives you more for your medicare dollar: an aarp medicare advantage plan from unitedhealthcare. call unitedhealthcare today. for a low or $0 premium, get $0 copays on primary care doctor visits, preventive dental care, and hundreds of prescriptions. in fact, plan members saved an average of over $9,000 in 2020. you'll even get free yearly eye exams... and free designer frames. don't miss your shot. if you're turning 65 or retiring soon, learn about our wide choice of plans, including ppo options. call unitedhealthcare today. we'll walk you through your choices and find the right plan for you. catching a good opportunity... is all about timing. so, enroll today, before the moment slips away. take advantage now. new vicks convenience pack. dayquil severe for you... and daily vicks super c for me. vicks super c is a daily supplement with vitamin c and b vitamins to help energize and replenish. dayquil severe is a max strength daytime, coughing, power through your day, medicine. new from vicks. ♪[music]♪ at aetna® we're shifting medicare coverage into high gear with benefits you may be eligible for when you turn 65. benefits that may include a $0 monthly plan premium. telehealth emergency coverage while you travel an over-the-counter allowance plus dental, vision, and hearing because the right medicare plan should help you feel...yeah, like that. aetna medicare advantage plans call today to learn more. we strip in the community garden. i've been stripping here for years. i strip before take-off. breathe right strips open your nose for relief you can feel right away, helping you take in air more easily, wherever you are. ever wonder what everyone's doing on their phones? 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>> i don't think we know what he's thinking, and i think that's why even president biden said, it's like reading the tea leaves and this is just very different than other leaders and particularly others in the u.s. government like secretary blinken dealing with russian foreign minister lavrov who may not even know what putin is thinking. it's hard to know whether he's looking for an off-ramp here. united states and nato are willing to have a conversation on european security issues but if what he really wants is to overthrow the government in ukraine and install a pro-russian puppet as far as that will be for the ukrainian population, you know, we just don't know what his ultimate motives are right now. >> as far as deterrence, it is pretty striking how transparent, right, and public the u.s. and nato have been as to what the consequences are. sanctions are on the table and are limitless at this point. troops are at the ready to be deployed. artillery and ammunition and any other sort of aid is being sent and then there was this this morning in terms of natural gas applied to europe and nord stream 2. i want to play sound from ned price and what he said to jim sciutto who jim asked him, is nord stream 2 dead if russia invades ukraine? take a listen to what he said. >> is nord stream 2 dead if russia invades ukraine? >> jim, i want to be very clear about this. if russia invades ukraine, one way or another, nord stream 2 will not move forward. >> it's clear there ned wasn't speaking off the cuff. he was prepared for a question like that. if there is a way to deter putin, do you think that's it? >> well, the west has put a whole set of costs in front of putin if he decides that he want to go in, again, militarily into ukraine and nord stream 2 is just one of the things on the table. i mean, i think for those of us on the outside when we look at this, we just see an enormous ray of costs for him, but we don't know what his calculations are. >> clearly no one knows but putin but to the idea that he perhaps is a pragmatic practical man, right, it begs the question, is the putin today different from the putin 20 years ago or even 8 years when he went into crimea? he's an older man, shrinking demographics, thinking about his legacy and seeing other authoritarians around him really struggle to keep their regimes in tact as well. given that, do you think that the u.s. president and members of nato are considering that this is a different man that they are dealing with than before? >> i think u.s. and nato allies are concerned about his designs on ukraine, statement that russians and ukrainians are one people and earlier comments going back with the george w. bush administration that ukraine isn't even a real country. he's very dismissive of ukraine. sees it as belonging the russia and in terms of the difference, you know, his popularity has been declining. he got a big popularity boost in 2014 with the invasion of ukraine and the annexation of crimea. when you get that again, it's hard to see how this would help boost his popularity at home if the russians end up in a war in which you've got a lot of russian soldiers coming home in body bags. >> we do know and we discussed this yesterday just from public opinion polling though that the narrative in russia has shifted to his favor thanks to propaganda and if there is an invasion, it may not be popular but the majority agree it's russia that's the agreed party here and that makes things a bit alarming as well. james goldgeier. thank you. 22-year-old killed in the line of duty. at st. patrick's cathedral. we'll be there live next. you inspired the new lexus es to be... well, more you. so thank you. we hope you like your work. get $1,500 lease cash toward a 2022 es 350. ♪ ♪ ♪ ♪i'm so defensive,♪ ♪i got bongos thumping in my chest♪ ♪and something tells me they don't beat me♪ ♪ ♪ ♪he'd better not take the ring from me.♪ are you one of the millions of americans who experience occasional bloating, gas, or abdominal discomfort? 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>> you're talking about january 8th, beyiana and jim, she was discovered on the side of the 110 freeway on an off-ramp. a very busy highway here in los angeles. according to the los angeles county medical examiner, she died from a gunshot wound to the neck. we know she was discovered in the early morning hours. not clear how she got there but this is why they're turning to the public to find out if she can, if anyone knows what happened to her. there's $110,000 reward from the state, the county, and the city all coming together to try to figure out if someone has any leads that leads to a conviction and arrest in this case. obviously, people are upset. that has been since january 8th. this young girl, that no one said what has happened. it's just something people are talking about in the public. listen to holly mitchell, a los angeles county supervisor and mike gibson, the california state assembly member talk about the case here. >> it is imperative that we not allow implicit bias or the adultification of black girls to continue to influence the lack of media coverage or public outrage over their murders. >> a 16-year-old child, 16-year-old child. she's someone's daughter that was taken away from us. senselessly and for the cowards who did this, we're going to muster the resources that's necessary to bring you to justice. >> it's worth noting that the l.a. county district attorney george gascon involved this this case which is unusual considering the fact there's no subject or charges yet but they're saying from his office they do believe there are signs that she may have been human trafficked and might have been a victim of sexual exploitation based on some court documents. they're looking to find whoever is responsible for this child's murder. >> clearly, this investigation is just beginning now. the wait has been too long but hopefully answers coming in. thank you, stephanie elam. >> just a child. a signature moment in joe biden's presidency. a chance to nominate a new supreme court justice. could internal democratic party politics sway his eventual choice? 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[limu emu squawks] woo! new personal record, limu! only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ later today, justice stephen breyer expected to officially announce his retooirement from e supreme court. >> justice breyer along with president biden at the white house soon. we'll bring that to you. for now, let's discuss the political implications for this with lawyer chris cillizza. is this a chance to potentially energize biden's base with important decisions in the coming months and years? >> the fact we're talking about it means we're not talking necessarily always about covid-19 and the omicron variant and inflation, we're not talking about what russia is going to do on the border of ukraine. all of those things i just listed, the public has soured on joe biden's handling of. this is something that he can do that's unique to a president to pick a supreme court justice. obviously has to be confirmed by a senate but it's a good story for him, particularly with the base that's been divided. manchin and sinema, liberals on one side. this should rally them all together. >> is there any reason now to think what we assume will happen is a historic moment where the president of the united states will nominate a black woman to the supreme court long overdue. a choice among the qualified women, many of whom we've listed, will lead to more divisions at this point as the jockeying begins? >> i think at some point, there is personalities involved and some people, when you don't get picked to be a supreme court justice, when you are mentioned, of course there's going to be a level of disappointment here. but no. i think, look, joe biden said on the campaign trail in 2020 that he was going to name a woman as vp. if he was the nominee. kamala harris, no reason to think he said the same thing about wanting to pick the first african-american woman justice and no reason to think he's not going to do that but remember who made joe biden president in no small part. african-american voters. without jim clyburn and his victory in the south carolina primary and tushrning out in lae numbers. he needs their support, support among that group as he has among the whole democratic place, and an opportunity to pick that back up. >> and so any resuminations fro the republicans but there are politics here is, a slim majori. can biden and democrats pull this off on the timeline they're talking about? >> oh my gosh, if they can't, they're in deep trouble. jim, this is plenty of time before an election. 200 plus days. long before the 2024 election but they need to get this done before the 2022 midterms. a 50/50 chance to lose the senate majority and can't get this person confirmed. obviously, we want to keep an eye on people like joe manchin and kyrsten sinema. they want to change the filibuster but they have generally supported biden's appointments, the federal courts. i have no reason to think that they would not support it here but when you have 50 seats, you need every single person on board. obviously keep an eye on them. >> we will see justice breyer and the president later today. chris cillizza, thank you so much. >> thank you. the archbishop of munich speaking out this morning after a shocking admission from pope benedict 16 over reported sexual abuse. we'll tell you what was said. , . strypaper? luckily, there's biotrue hydration boost eye drops. biotrue uses naturally inspired ingredients. and no preservatives. try biotrue! 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(gentle music) do you have a life insurance policy you no longer need? now you can sell your policy - even a term policy - for an immediate cash payment. we thought we had planned carefully for our retirement. but we quickly realized we needed a way to supplement our income. if you have $100,000 or more of life insurance, you may qualify to sell your policy. don't cancel or let your policy lapse without finding out what it's worth. visit coventrydirect.com to find out if your policy qualifies. or call the number on your screen. coventry direct, redefining insurance. prince andrew is formally denying the sexual abuse allegations against him and now demanding a jury trial. it is a response to virginia giuffre's civil suit against him. she said she was forced to have sex with andrew and others when convicted sex offender jeffrey epstein trafficked her to friends. >> also claimed she knew she was 17 at the time. max foster joins us. what more do we know about this, max? >> i think it's a statement of intent from prince andrew's side that they're calling for a jury trial showing they're willing to go into this and really battle it out. the latest document received from prince andrew's side goes through point after point, dozens of them, really trying to dismiss every allegation that giuffre has made and on those others, they're basically using this term, lack sufficient information to admit and deny allegations. that in particular, reference to this photograph, a very famous photograph, of course, prince andrew around giuffre. in the background. now, this is the place. maxwell's home, where one of the rapes is alleged to take place. prince andrew casting doubt on the authenticity of the photograph. trying to get evidence dismissed or cast down on it. he denies all the allegations here. giuffre's side responding saying prince andrew's answer continues his approach of denying any knowledge or information concerning claims against him and purporting to blame the victim of the abuse for how bringing it on herself. he's clearly going to find this, the royal family, i'm sure, won't be happy about this and much rather it goes away and a court settlement but doesn't seem to be a sign that will be the case, jim and biana. >> already taken away his title. max foster, thank you. i know we'll continue to follow this story for us. also this morning, munich carl, archbishop, mishandled sex abuse cases in the arch diocese. >> he's, quote, ashamed and admits he should have been more engaged in the matter. cnn vatican correspondent live from delia gallagher. what else did the archbishop say and i'm curious, did the former pope have anything to say? >> reporter: jim, let's start with what he didn't say. he didn't address in detail the two accusations against him that he mishandled cases of sexual abuse. instead, jim, he spoke very generally about taking responsibility about asking for forgiveness. let's listen to a little bit of what he has to say. >> translator: after having read the report, i am repeatedly shocked about the harm and suffering of the affected persons and also what the perpetrators have done and how those responsible have behaved. what's clear in the report is that there's a dark side and this will continue to be visible in the future history of our church. >> reporter: and he was asked, also, at the press conference about pope benedict 16, biana and he said the pope will be responding. he said he will be responding on monday but asked for understanding that the document is 1900 pages long and his old age, it will take time for him to respond. but cardinal marx said he deserves the opportunity to respond for himself and finally, cardinal marx said he's not intending to resign. you know, last year in the wake of other sexual abuse scandals in germany, cardinal marx offered his resignation and the pope dis not allow at that time. cardinal marx said today he is going to continue in his role. >> the question throughout this, who's looking out for the kids? who was looking out for them? delia gallagher, thank you so much. coming up next, it is the final jeopardy question that ended one champion's long winning streak. >> the only nation in the world whose name in english ends in an "h." it's also one of the ten most populous. >> of course, biana and i got that right away. we'll give you the answer and why you haven't seen the last of amy schneider. ♪ ♪ ♪ ♪ this is the planning effect from fidelity. ben isn't worried about retirement because his plan is backed by the team at fidelity. a group of investment professionals manages ben's ira for him, analyzing market conditions and helping him stay on target. he gets one-on-one coaching when he wants some advice, and can adjust his plan whenever he needs to. and now he's so prepared for retirement, ben is feeling totally zen. that's the planning effect from fidelity. 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Transcripts For CNN CNN Newsroom With Poppy Harlow And Jim Sciutto 20240708 : Comparemela.com

Transcripts For CNN CNN Newsroom With Poppy Harlow and Jim Sciutto 20240708

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who that will be. also, how long it will take to get her confirmed. the legal and political aspects of that. supreme court reporter ariane de vo vogue. there's an interesting two track thing. he stays until the end of the term but start the process now. >> right. well, for years, the process was usually between two to three months. there was the pick and then the vet and the nominee would go and visit with all the senators but all that changed, remember, with justice amy coney barrett. the republicans really pushed it, compressed it from announcement to confirmation. it was about 30 days. so you could see here the democrats moving very quickly. they could have hearings, they could even have a vote and then the president wouldn't sign off on the commission until after the term, right? when breyer has finished on the term. on the other hand, timing is interesting because this hearing is about a lot more than the nominee. first of all, it's going to be, as you said, the first african-american woman. that in itself is a huge milestone. but it's also going to play out while the supreme court is actually right now considering some of the biggest issues of the day. they're considering whether to overturn roe v. wade. they're considering whether to expand gun rights. next term, it will be affirmative action. some democrats see this as a rare opportunity to engage people who may not always be exactly focused on what's going on in the court to say, this is why it matters and, of course, durbin, it will be the first time he chairs one of these hearings. he'll be careful. he may not want to raise too much or take advantage of this opportunity that comes as the political process is set to play out in the upcoming elections. that's why the timing here is so interesting. >> clearly, ariane, put a lot of time and thought in interviews with you and others, frustrated when asked that question but here he gives a lot of time for the president to make that choice, if the president chooses to take that time. it appears they're not, on the senate judiciary committee, to have a meeting on the books to come up with a confirmation strategy. what more can you tell us about that strategy? >> reporter: dick durbin is meeting 11 members including him on this committee some time today. they'll meet virtually for the process. a questionnaire that goes to the nominee after the president picks his nominee and then there will be an opportunity for the committee members to meet with that nominee. there will also be, of course, the hearing, which will potentially happen quickly. that's what chuck schumer wants to do and following that amy coney barrett timeline which took a month between the time the nomination was made until the time of confirmation. they want to move quickly but durbin also has limitations because the fact there are in a 50/50 senate. they have to be careful not to put off some of their swing votes, some people who may want more time or yesterday, senator susan collins of maine with the swing vote on the republican side raised concerns about moving too quickly as they move ahead and procedures in the rules of the senate for republicans, if they wanted to scuttle a vote from happening, they could essentially do that by denying a quorum and there's concern if they move too quickly, they could forge, republicans take some recourse in their hand to slow down the process. so these are the kind of things that democrats will have to work through as they lay out their str strategy, lay out timeline as they push ahead but democrats are confident they'll have the votes at the end of the day. the 50/50 senate. joe manchin and kirstjeyrsten s. manchin vote for two of the three supreme court nominees and expectation they'll be to pick up some republicans as well. >> fast or slow is in the eyes of the beholder. look at the, depending on the politics. thank you very much, manu raju. cnn legal analyst, elliott williams and then thomas griffith who served on the dc circuit from 2005 to 2020. thanks to both of you. elliott williams, in terms of the significance of the court, this is a hold, right? for democrats and the liberal wing, given that you're replacing one liberal with another. tell us the significance here. >> bits of significance. a question of counting the noses of people elected by the court by democrats versus republicans but what it does is it secures a seat on the court for 25, 30, however many years just looking at basic human life expectancy. so number one, it puts someone who's more liberal on the court for a longer period of time. number two, president biden committed to putting a black woman on the court. that is profound in american history. look, it took some 178 years before a black person was put on the court in 1967. it was many years before, after that, in 1981, when a woman was put on the court. it's just time to diversify the supreme court more. this is a very profound and significant and very important step forward for all of us as a nation and everybody in terms of equal rights for all. >> it was interesting to hear you and senator lindsey graham seem to agree on one point yesterday and that is that elections do have consequences. let me turn to you. president biden named you to a commission to study the supreme court that was formed last april. as we heard, senate majority leader chuck schumer wants to move this quickly. walk us through the timeline here and how quickly this actually could work out. >> well, that really is up to the lead er. there are rules in place. rules regarding the time that it takes to bring an action before the senate judiciary committee. but those are all subject to majority vote and this could be done very quickly. it's really, it will really be up to leader schumer and to chairman durbin, how quickly they want to move on this. >> when you look at the candidates, elliott williams, here, you have a lot of, i mean, supremely qualified women, enormous variety. do you see, based on your knowledge of this, a favorite here? >> well, look. i'm not at the white house. so i don't see a favorite. all of the candidates that have been put forward are either harvard law graduates, federal jun judges, law professors, sterling credentials. to pick up on biana's point about elections having consequences, this matters in terms of who president biden put on the court and mattered when republicans were able to hold open a vacancy for more than 300 days when they have a majority and it will matter for president biden and his ability to fill future seats. elections, not just for the presidency but the united states senate matter and have profound consequences for days to come. >> one who does not is michelle childs, south carolina. >> a federal judge. >> not questioning the credentials. just saying, you have someone outside of that tiny little bubble. >> and clearly, that's someone jim clyburn has been pushing to nominate. we focus on this monumental change we would see with a black woman on the supreme court bench but can you talk a little bit about justice breyer's legacy, having served there 28 years? he was described as someone who looked beyond, i'll quote this, to purposes and consequences. what lasting impact will he leave for the supreme court? >> it's a great loss for the supreme court. justice breyer and throughout his tenure, was adamant at a point that the media doesn't pick up up and probably disagrees with and that judges are not partisans in rogues. justice breyer would not be pleased with the description to him as a liberal hit of the liberal wing of the supreme court. he viewed himself and i think rightly so as a judge who, by oath, did his best to be impartial in applying the law. not looking for certain outcomes that favored democrats or progressives. he was doing his best to apply the law as required by the constitution, the statutes. he was an expert, before he came a judge, one of the leading scholars on an area of administrative law. that's an area that big issues coming up on the supreme court of the role of federal agencies and whether they have ove overstepped bounds or allowed congress to do more than they could do and justice breyer looked to because of his experience and his scholarship as a leader on the court when it came to issues of administrative law. his expertise in that area will be greatly missed but one final thing, he had more experience before he was a judge, working on capitol hill as a senate staffer than any of his colleagues and you saw that in his opinions. a lot of deference to congress, to acts of congress. that was his natural inclination, that inclination is not shared by all of his colleagues on the supreme court. >> judge griffith, you say justice breyer's belief was judges are not political. do you still believe that, given what we've seen with the juicing of the process, for instance? some presidents allow the right to make appointments, others not, and also, decisions that have come out that seem to favor one party over another. >> yeah, no, there's no question it's a political process. right, it's our elected representatives who choose the judges. what i'm endorsing in justice breyer's view here is in the act of judging, judges do not confer together to decide, will this outcome favor this political party? will this outcome disfavor this political party? that is just not how it's done. there are vigorous disagreements with judges about how best to interpret the constitution, how best to interpret the statute and you see divisions along those lines but the idea that the justices or judges more broadly are looking to help the republicans or help the democrats. i've been there, i'm telling you, it just doesn't work that way. >> if i could say one thing, jim. that's a noble aspiration from the judge, i respect it and appreciate it but the simple fact is there's a remarkable tracking right now of judges that, at least on the supreme court, judges appointed by republicans and judges appointed by democrats and how you can predict how they might vote. i worked in, as a prosecutor, a lawyer for years, but the simple fact, and we would strive and we should strive for a political judiciary but it's just not operating that way in practice anymore. >> justice breyer publicly expressed. we'll have to wrap it up here. just to put a pin in this though and justice breyer was outspoken about how he thought you should not associate the justice with the president. thank you. still to come, the kremlin reacting to the united states' written response to russia's demands in the escalating ukraine crisis. so what happens next? plus, prince andrew is now apparently ready to fight the sexual abuse allegations against him in court. why he's now demanding a jury trial. police are now begging for help to track down a killer who took the 16-year-old girl and dumped her body next to a los angeles freeway. we'll have a live report coming up. watch this. that was in these clothes... ugh. but the clothes washed in tide- so much cleaner. if it's got to be clean it's got to be tide hygienic clean. opportunities are all about timing. so if you're turning 65 or retiring soon, it's time to take advantage of a plan that gives you more for your medicare dollar: an aarp medicare advantage plan from unitedhealthcare. call unitedhealthcare today. for a low or $0 premium, get $0 copays on primary care doctor visits, preventive dental care, and hundreds of prescriptions. in fact, plan members saved an average of over $9,000 in 2020. you'll even get free yearly eye exams... and free designer frames. don't miss your shot. if you're turning 65 or retiring soon, learn about our wide choice of plans, including ppo options. call unitedhealthcare today. we'll walk you through your choices and find the right plan for you. catching a good opportunity... is all about timing. so, enroll today, before the moment slips away. take advantage now. new vicks convenience pack. dayquil severe for you... and daily vicks super c for me. vicks super c is a daily supplement with vitamin c and b vitamins to help energize and replenish. dayquil severe is a max strength daytime, coughing, power through your day, medicine. new from vicks. ♪[music]♪ at aetna® we're shifting medicare coverage into high gear with benefits you may be eligible for when you turn 65. benefits that may include a $0 monthly plan premium. telehealth emergency coverage while you travel an over-the-counter allowance plus dental, vision, and hearing because the right medicare plan should help you feel...yeah, like that. aetna medicare advantage plans call today to learn more. we strip in the community garden. i've been stripping here for years. i strip before take-off. breathe right strips open your nose for relief you can feel right away, helping you take in air more easily, wherever you are. ever wonder what everyone's doing on their phones? 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>> i don't think we know what he's thinking, and i think that's why even president biden said, it's like reading the tea leaves and this is just very different than other leaders and particularly others in the u.s. government like secretary blinken dealing with russian foreign minister lavrov who may not even know what putin is thinking. it's hard to know whether he's looking for an off-ramp here. united states and nato are willing to have a conversation on european security issues but if what he really wants is to overthrow the government in ukraine and install a pro-russian puppet as far as that will be for the ukrainian population, you know, we just don't know what his ultimate motives are right now. >> as far as deterrence, it is pretty striking how transparent, right, and public the u.s. and nato have been as to what the consequences are. sanctions are on the table and are limitless at this point. troops are at the ready to be deployed. artillery and ammunition and any other sort of aid is being sent and then there was this this morning in terms of natural gas applied to europe and nord stream 2. i want to play sound from ned price and what he said to jim sciutto who jim asked him, is nord stream 2 dead if russia invades ukraine? take a listen to what he said. >> is nord stream 2 dead if russia invades ukraine? >> jim, i want to be very clear about this. if russia invades ukraine, one way or another, nord stream 2 will not move forward. >> it's clear there ned wasn't speaking off the cuff. he was prepared for a question like that. if there is a way to deter putin, do you think that's it? >> well, the west has put a whole set of costs in front of putin if he decides that he want to go in, again, militarily into ukraine and nord stream 2 is just one of the things on the table. i mean, i think for those of us on the outside when we look at this, we just see an enormous ray of costs for him, but we don't know what his calculations are. >> clearly no one knows but putin but to the idea that he perhaps is a pragmatic practical man, right, it begs the question, is the putin today different from the putin 20 years ago or even 8 years when he went into crimea? he's an older man, shrinking demographics, thinking about his legacy and seeing other authoritarians around him really struggle to keep their regimes in tact as well. given that, do you think that the u.s. president and members of nato are considering that this is a different man that they are dealing with than before? >> i think u.s. and nato allies are concerned about his designs on ukraine, statement that russians and ukrainians are one people and earlier comments going back with the george w. bush administration that ukraine isn't even a real country. he's very dismissive of ukraine. sees it as belonging the russia and in terms of the difference, you know, his popularity has been declining. he got a big popularity boost in 2014 with the invasion of ukraine and the annexation of crimea. when you get that again, it's hard to see how this would help boost his popularity at home if the russians end up in a war in which you've got a lot of russian soldiers coming home in body bags. >> we do know and we discussed this yesterday just from public opinion polling though that the narrative in russia has shifted to his favor thanks to propaganda and if there is an invasion, it may not be popular but the majority agree it's russia that's the agreed party here and that makes things a bit alarming as well. james goldgeier. thank you. 22-year-old killed in the line of duty. at st. patrick's cathedral. we'll be there live next. you inspired the new lexus es to be... well, more you. so thank you. we hope you like your work. get $1,500 lease cash toward a 2022 es 350. ♪ ♪ ♪ ♪i'm so defensive,♪ ♪i got bongos thumping in my chest♪ ♪and something tells me they don't beat me♪ ♪ ♪ ♪he'd better not take the ring from me.♪ are you one of the millions of americans who experience occasional bloating, gas, or abdominal discomfort? 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>> you're talking about january 8th, beyiana and jim, she was discovered on the side of the 110 freeway on an off-ramp. a very busy highway here in los angeles. according to the los angeles county medical examiner, she died from a gunshot wound to the neck. we know she was discovered in the early morning hours. not clear how she got there but this is why they're turning to the public to find out if she can, if anyone knows what happened to her. there's $110,000 reward from the state, the county, and the city all coming together to try to figure out if someone has any leads that leads to a conviction and arrest in this case. obviously, people are upset. that has been since january 8th. this young girl, that no one said what has happened. it's just something people are talking about in the public. listen to holly mitchell, a los angeles county supervisor and mike gibson, the california state assembly member talk about the case here. >> it is imperative that we not allow implicit bias or the adultification of black girls to continue to influence the lack of media coverage or public outrage over their murders. >> a 16-year-old child, 16-year-old child. she's someone's daughter that was taken away from us. senselessly and for the cowards who did this, we're going to muster the resources that's necessary to bring you to justice. >> it's worth noting that the l.a. county district attorney george gascon involved this this case which is unusual considering the fact there's no subject or charges yet but they're saying from his office they do believe there are signs that she may have been human trafficked and might have been a victim of sexual exploitation based on some court documents. they're looking to find whoever is responsible for this child's murder. >> clearly, this investigation is just beginning now. the wait has been too long but hopefully answers coming in. thank you, stephanie elam. >> just a child. a signature moment in joe biden's presidency. a chance to nominate a new supreme court justice. could internal democratic party politics sway his eventual choice? 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[limu emu squawks] woo! new personal record, limu! only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ later today, justice stephen breyer expected to officially announce his retooirement from e supreme court. >> justice breyer along with president biden at the white house soon. we'll bring that to you. for now, let's discuss the political implications for this with lawyer chris cillizza. is this a chance to potentially energize biden's base with important decisions in the coming months and years? >> the fact we're talking about it means we're not talking necessarily always about covid-19 and the omicron variant and inflation, we're not talking about what russia is going to do on the border of ukraine. all of those things i just listed, the public has soured on joe biden's handling of. this is something that he can do that's unique to a president to pick a supreme court justice. obviously has to be confirmed by a senate but it's a good story for him, particularly with the base that's been divided. manchin and sinema, liberals on one side. this should rally them all together. >> is there any reason now to think what we assume will happen is a historic moment where the president of the united states will nominate a black woman to the supreme court long overdue. a choice among the qualified women, many of whom we've listed, will lead to more divisions at this point as the jockeying begins? >> i think at some point, there is personalities involved and some people, when you don't get picked to be a supreme court justice, when you are mentioned, of course there's going to be a level of disappointment here. but no. i think, look, joe biden said on the campaign trail in 2020 that he was going to name a woman as vp. if he was the nominee. kamala harris, no reason to think he said the same thing about wanting to pick the first african-american woman justice and no reason to think he's not going to do that but remember who made joe biden president in no small part. african-american voters. without jim clyburn and his victory in the south carolina primary and tushrning out in lae numbers. he needs their support, support among that group as he has among the whole democratic place, and an opportunity to pick that back up. >> and so any resuminations fro the republicans but there are politics here is, a slim majori. can biden and democrats pull this off on the timeline they're talking about? >> oh my gosh, if they can't, they're in deep trouble. jim, this is plenty of time before an election. 200 plus days. long before the 2024 election but they need to get this done before the 2022 midterms. a 50/50 chance to lose the senate majority and can't get this person confirmed. obviously, we want to keep an eye on people like joe manchin and kyrsten sinema. they want to change the filibuster but they have generally supported biden's appointments, the federal courts. i have no reason to think that they would not support it here but when you have 50 seats, you need every single person on board. obviously keep an eye on them. >> we will see justice breyer and the president later today. chris cillizza, thank you so much. >> thank you. the archbishop of munich speaking out this morning after a shocking admission from pope benedict 16 over reported sexual abuse. we'll tell you what was said. , . strypaper? luckily, there's biotrue hydration boost eye drops. biotrue uses naturally inspired ingredients. and no preservatives. try biotrue! 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