Transcripts For CNN New Day With John Berman and Brianna Kei

Transcripts For CNN New Day With John Berman and Brianna Keilar 20240708



right to an abortion. and to see those words, it's very stark, i think, to read them. it is stunning when you first do so. it's surprising, i think torsion see it in this format, that looks like a final supreme court opinion. but i do think, john, if you step back and you think about the decades-long effort by conservatives and conservative legal activists, toed edbuild their numbers on the court. you think about the fact that former president donald trump managed to get nominations and confirmations of very conservative justices to the supreme court. in part, because of the hubris of senators mcconnell, you could see this is a long time coming. >> it's a culmination as you say decades in the making that accelerated over the years and the impact is very, very real. by some estimates, we can put up a map, i think, so people can see, if this draft opinion becomes the real opinion, this means that the states seen in red there would almost immediately outlaw or severely restrict abortion rights. and the ones in yellow potentially the same. josh we go farther on this, just make clear exactly what you obtained. and the significance of the fact that you have this draft opinion. what is a draft opinion? >> so, when the supreme court hears arguments in a case, usually within one, two or three days after that, they have a closed-door private conference. only the nine justices inside that conference room. very secretive room, at the supreme court. and each of them basically lays out their position on each case. and at that point, there's an effort to assign a majority opinion. typically, the majority opinion is assigned by chief justice john roberts or whoever the chief justice at the time is. if he is in the majority, and if not, it's the most senior of the other justices who's in the majority. and our understanding is that what happened in this case is that the opinion was assigned to justice samuel alito. and he and his clerks have spent, or spent the two months or two and a half months between the arguments in december and mid-february, preparing this opinion. it's 67 pages in text. and then a 31-page appendix that was circulated at the court. as a proposed majority opinion. according to a person familiar with the court's proceedings, this appears to have the support of five of the six republican-appointed justices on the supreme court. essentially, all of the justices of the conservative persuasion on the court, except for chief justice john roberts. that's our best understanding of the situation. we should make clear to viewers, it is a draft. it is labeled as a first draft right on it. and therefore it could change before late june which is typically when the supreme court releases its opinions and its most controversial and contentious case. >> it could change up to the last minute. at the same time, reporting by you and others there isn't reason to consider that will change substantively. john, i want to read more from this. your piece you point out why samuel alito writes in this draft, roe was egregiously long from the start. why is is that wording so important in the overall argument made? >> so, the reason that alito's language is so tough and just so almost contemptuous of the ruling that was issued in 1973 is that i think he felt he really needed to build up a head of steam here to justify overturning precedent. you know, there is this presumption on the supreme court that its previous decisions were decided correctly. and that they don't rightly overturn opinions that they've issued in the past, especially on matters of wide concern to the american public. this is not some trivia area of business or tax law. this is an issue that affects, you know, tens of millions, maybe more than 100 million americans. and so what alito tries to do here is to almost ridicule the supreme court's opinion in roe v. wade from 1973 which paints it as so trivial and so poorly reasoned that the court should not have qualms about striking it down. and that language about being egregiously wrong is very interesting if you trace it back in recent opinions the court, that's the kind of thing that debuts to overrule plessy versus ferguson, in terms of immigration. he's tried to linked it to the past where the court has said, you know, we got an issue deeply, deeply wrong. alito is saying we did it again. and it looks like they might have a number of conservative allies on the court to make that prevailing opinion. votes change. it is possible to see votes change and we've seen that in high-profile cases. >> yes, votes could change. but words could change. some of this language could change in ways that does substantively alter perhaps the meaning of all of this. there are those looking at this, josh, again, raising questions about, well, is this ruling, as written in this draft, does it only have an impact on abortion? or could it have an impact on other decisions decided from the '60s, really in the '60s and the '70s that found a certain right to privacy, starting were with contraception or interracial marriage. alito seemed to anticipate that criticism, didn't he? >> right, he tries to rim abortion. and saying we're only talking abortion here. this decision has no impact on any other decision which is critics have said are based on more broad and vague themes in the constitution. arguably. the word "pr"privacy" not reall appearing there. obviously, the word "abortion" not appeared in that document drafted in 1870 but can you tuck abortion out of the jurisprudence and say we're going to take all of that out and leave contraception and the right to marry someone of a different race, can you say those things can remain and we pull this out. and you can lead to to examples regarding same-sex marriage, based on principles that it's really no business of the government whether you choose to m marry someone of the opposite sex or the same same-sex. will you about able to separate this out and put it in a box with decisions concerning potential life, and that those other kinds of issues don't involve potential life. but, obviously, many americans might disagree. and i suspect that the dissents you'll see in this case are going to really zero in on that question could this decision have a more dramatic impact, despite the assurances that alito tries to give in the draft opinion. >> josh gerstein of politico, we're on the precipice of a historic moment. this is a scoop like we've never seen before. we appreciate your work. thank. >> thanks, john. let's bring in jonah goldberg, co-author at the "washington post" and joan biscupic. jonah, to you first, what stands out in the opinion to you? >> i think the most interesting thing is that roberts isn't part of it. he as chief justice gets to write opinion if he wants it, if he's in the majority, he's clearly not in it. and joan is a much better expert on some of this stuff than i am. that's one of the things that stuck out to me, clearly, he's trying to do -- trying to figure out, cobble together something less, there's some reporting that he wants to save the 15-week time limit for abortions, but not go full until overturning roe v. wade. that's what came out to me. what comes out to me is the outrageousness of the leak itself. but that's a different story. >> we're going to touch on that in a moment. and i can tell you, this is amazing what josh has gotten. but he got this opinion at a very early stage in the process. now, it is likely that those five votes were going to hold. but the chief justice, according to our reporting was desperately trying to come up with some sort of compromise. maybe pick off a vote to do exactly what jonah just referred to right now, uphold the mississippi law that would prevent abortions after 15 weeks of pregnancy. but not so so far as this transformative opinion. and this disclosure has now choked off any kind of chance of that. i think. and so it's not only has this just shattered a half century of abortion law, of reproductive rights law of a holding from 1973 that said there is a constitution right for a woman to end a pregnancy. but it has also really shattered the institutional reputation of the supreme court. i don't know how they continue to trust each other, i don't know how the public can maintain confidence in the court given the chaos how this has come out. >> i do think the objective of how this was leaked is important because it can affect the outcome which is obviously what is dominating the conversation. you can look at this one of two ways, was it leaked by the left to raise a red flag? or was it leaked by the right to hold these justices to their position? and i ask you that, because what really, joan, was the possibility that the five justices on this draft opinion supporting this in the majority would have changed their vote? >> very unlikely. in fact, the reporting i was getting just 24 hours before this happened. the two justices who smiemight looked most in play, justices amy coney barrett and brett kavanaugh were not budging. the chief was not making headway with them and the five would stay. but as to who had incentive to leak this -- it is so sad -- i cannot believe that any member of the court would have leaked this. it is such a breach of protocol and a breach of trust. and in terms of law clerk, it's a killer for their career. to have done this. you know, as someone who is constantly getting milder leaks -- i just have to give it to politico for gettiting this actual document. it is just so hard to get information out of them, especially at this stage. you know you see right there, brianna, how it says first draft. these things go through multiple drafts. and the language that josh was reading, the very kind of incendiary language from justice alito, i bet some of that might have been toned down in the process. but now, all bets are off. >> let's keep our eye, though, on what this is going to mean for abortion. and those who either seek the right to have one, or believe that people should not. and i wonder what the effect is going to be, leann, some of which we've already seen, in places where obtaining abortion has become difficult for women who want one. >> yeah, it's happening right now in texas, as people are having to go across state lines to get an abortion. they're taking abortion pills, that has been reported as well. so people are still trying to get an abortion when it's not possible for them, so when it is illegal, which by the way, abortion rights, pro-choice groups say -- want everyone to know that it is still legal at this moment. that abortion is still legal. this is not a final decision yet. but people will still try to get an abortion if they want one. that could make it very dangerous if these abortion groups warn, and it impacts, these abortion groups also warn, the lowest income, people with the least resources, they're the ones put in the most danger. >> jonah, this is a sea change that is borne out of donald trump time in the white house. it's interesting to what they said during their confirmation hearings. it here is. >> is roe a super precedent? >> how out define super precedent? i'm answering questions about roe which indicates that roe didn't fall in that category. and scholars across the spectrum say that roe should not be overruled but descriptively it's not a case that not everyone has accepted and doesn't call for its overruling. >> as a judge it's an important precedent of the supreme court, by it, i mean roe v. wade and planned parenthood versus casey, and reaffirmed many times casey is precedent on precedent which itself is an impactortant facto. >> senator, the supreme court states in roe v. wade that a fetus is not a person for purposes of the 14th amendment. and the book explains that. do you accept that? >> that's the law of the land. i accept the law of the land, senator, yes. >> how do those comments age there, jonah? >> i actually think they age fine, to be honest. i'm one of these people that thinks roe was bad constitutional law. not talking about the policy of abortion, access to abortion. even ruth bader ginsburg thought that roe was a fraught decision because of what it did to the politics of the country. and the idea that, you know, supreme court nominees are going to say we've learned this since suter or bork, you can pick your time line, what they need to say that is factually accurate that gives us as little as possible to political opponents to derail their nomination. you have kavanaugh saying it's a precedent. it is a precedent. still is, right now, a law. while i agree entirely, it's going to create all sorts of hardships in places that ban abortion. it will also, overnight, make in places like new york and california, abortion is going to be just as readily accessible as it ever was, if this goes through. it will send things back to the states where i think the details belong in the first place. >> dig into that because in alito's opinion he says that roe was egregiously wrong from the start. the ruling was exceptionally weak. explain why he's saying that. >> i think he has to justify a position overturning something that a large chunk of america thinks is some sort of super precedent, what that nonlegal term is, where polling says there's a lot of support for roe v. wade. the polling game can get very dicey, because when you explain what roe v. wade and casey actually allow for, support for it drops. but generally, this country wants people to have access to abortion. and this is a politically fraught thing for the court to do, so he's trying to make it as bulletproof and strident as he can but it's also a first draft. and you never know what's coming. >> i want to get leigh ann into the conversation. what i thought, democrats have a hard time motivating voters. i wonder for the midterms. >> they've had a hard time motivating voters for the election season. they've had a hard time motivating voters on the issue of abortion for years and years and years. perhaps finally, this is the year they're able to do it. and maybe this is what enables them to get over that lackluster voter enthusiasm that poll after poll has shown, among democrats compared to republicans. now, a republican operative i talked to last night is skeptical of that. they think that the economy is still going to win out. they think there's too many other issues that matter to people and they're not going to vote on abortion because people usually don't. we'll see democrats fundraising off of this. they created a lot of money just last night, hundreds of millions of dollar, this could be a springboard for them midterms. >> maybe they don't, when they have the right, we'll see if that changes when they think they're not going to have that right in some states depending 0 wherein they live. great conversation, guys. appreciate it so much. thank you. new officials are warning this morning that a formal declaration of war from putin is actually looming. plus are evacuees from azovstal plant in mariupol piece bugsed to russian territories? the mayor is joining us ahead. and a symbol of defiance for ukrainian fighters. 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(johnny cash) ♪ i've traveled every road in this here land! ♪ ♪ i've been everywhere, man. ♪ ♪ i've been everywhere, man. ♪ ♪ crossed the desert's bare, man. ♪ ♪ i've breathed the mountain air, man. ♪ ♪ of travel i've had my share, man. ♪ ♪ i've been everywhere. ♪ ♪ i've been to: pittsburgh, parkersburg, ♪ ♪ gravelbourg, colorado, ♪ ♪ ellensburg, cedar city, dodge city, what a pity. ♪ ♪ i've been everywhere, man. ♪ ♪ i've been everywhere, man. ♪ ♪ i've been everywhere. ♪ there are lots of choices when it comes to your internet and technology needs. but when you choose comcast business internet, you choose the largest, fastest reliable network. you choose advanced security. and you choose fiber solutions with speeds up to 10 gigs available to more small businesses than any other provider. the choice is clear: get unbeatable business solutions from the most innovative company. get a great deal on this limited time price with internet and voice for just $49.99 a month for 24 months with a 2-year price guarantee. call today. ♪ significant new developments in russia's invasion of ukraine. u.s. and western officials say that vladimir putin may be preparing for formally declare war on ukraine within six days. and this move would enable the full mobilization of russia's reserve forces. until now, putin has only called the invasion a special military operation. here's the state department's assessment of this. >> i would add that would be a great irony if moscow used the occasion of victory day to declare war, which in itself would allow them to surge concrypts in a way they're not able to do now. in a way that would be tantamount to revealing to the world that their war effort is failing. that they are floundering. in their military campaign and military objectives. but i'm quite confident they'll be hearing more from moscow leading up to may 9th. and i'm quite confident you'll be hearing more from the united states and our nato partners in the leadup as well. >> it's currently in ureastern part of ukraine. and it will be repulsed in the donetsk region. ukraine has claimed it shot down seven attack drones. north and east of kharkiv right there, you see kharkiv right there, the ukrainians claim thain taken back control of several settlements. according to the pentagon, ukrainian troops have pushed russian forces 25 miles east of kharkiv in the last 24 to 48 hours. in the port city of odesa, southern ukraine, several missiles the ukrainians say have hit buildings including a church and dormitory. ukraine's president said a 14-year-old boy was killed and a 17-year-old girl wounded. we also have new video from mariupol. that's russian-backed forces firing grad rockets in the direction of the steel plant there, even though scores of civilians are still sheltering inside. ukrainian military says it killed five russian soldiers as they attempted to assault the facility. >> joining us now is cnn military analyst retired army general james "spider" marks. spider, tell us what would it mean for russia to officially declare war on ukraine. it seems that russia is now at war with ukraine already. >> yeah, i think, brianna, this is a distinction without a difference. they really are at war. what they've been declaring is this is a special operation, but there really is no difference between what we've seen, the devastation that they've caused, the number of battalion tactical groups, those organizations that have been invaded ukraine. and in many cases about 25% of those have been destroyed. but there's no difference between that and the declaration of war. so -- and, oh, by the way, putin as an allutocrat can mobilize whenever he wants to mobilize. this is a narrative. >> we talked about the major conflict in the eastern part of the country, we've been focused on donbas. there is fighting that happened around kharkiv which is a little separate from the rest of it, spider. >> right. >> with ukrainians, you can see in yellow, ukrainians able to win back some territories that the russians had been operating in. what's the significance of this? and what does it tell you about the ukrainians? >> yeah, what we've seen eye with the ukrainians all along is a level of creativity, mission command, that's kind of a military term for let me draw a picture of what i want you organizations to achieve. and you come back to me and tell me creative ways that you want to get it done. it's the purpose that drives operations. the ukrainians have been showing this across the board consistently. that goes to leadership. that goes to training. that goes to engagement, that goes to support that's coming from the west. the russians by comparison have displayed none of that. so, what we see right here in the vicinity of kharkiv, these areas right here are significant because the ukrainians are pushing the russians back. but also bear in mind, the russians still have a large presence here in red. and a large presence here. and also, at the start of all of this, since 2014, the russians have been here. they've been down in crimea. so the point is, these are contested areas. these are claimed by the russians. and then we've -- and cnn has just done a masterful job of describing the devastation in the vicinity of mariupol. russia is achieving its objective there. and elsewhere, simply through this indiscriminate firing of artillery, rockets and missiles, at stationary targets. so this is all very contested still. and what we thought might be some significant conventional tank engagements have not demonstrated themselves yet. >> and we just haven't seen it yet. general marks, thank you so much for taking us through that. we appreciate it. soon, we're also going to be joined by pentagon press secretary john kirby. >> so the evacuation of civilians continue out of mariupol this hour after earlier attempts stalled when russian forces attacked. an attack of, quote, constant fire on the azovstal steel plant. this morning, we posed questions for the mayor of mariupol on the discovery of filtration camps. here's that exchange. what can you tell us about the latest round of evacuations from azovstal and surrounding areas in mariupol this morning? >> translator: evacuation is ongoing. we are waiting to hear news on the buss that have settled for zaporizhzhia, the ukraine-controlled territory. as far as we know, they have not yet entered the ukraine-controlled territory. so we're waiting for this news. these are people who have spent a long time in bomb shelters. hiding from the bombardment and defended by our brave service men from the ukrainian armed forces and the national guard. so, we're waiting to save their lives. we're waiting to see them reach zaporizhzhia cisafely, on the w, they collected people from surrounding areas from the village, we've been able to join these people to the evacuation efforts. so we're waiting for news to see whether these people, these buses, have reached ukraine-controlled territory. >> an estimated 100,000 people remain in the city. what's the current situation in mariupol for those civilians remaining? >> translator: the situation is such that 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. >> are ukrainian forces still fighting for mariupol? >> translator: yes. ukrainian forces are continuing to fight for mariupol. they -- as soon as evacuation from other ports fierce fighting resumes and azovstal is currently under attack from tanks, from warships based in the azov sea from planes. they started storming the plant. and this is important to remember that there are still civilians inside the plant. there's still 200 local civilians, local people of mariupol inside the plant. and they're being defended by our brave military. these are women and children. there are about 20 children. and they're waiting to be evacuated. they're waiting for a chance to get out. we also have over 600 wounded ukrainians inside the plant. >> cnn found that russian forces were sending ukrainians to russia against their will through so-called builfiltratio centers you say more than 40,000 ended up in russia that way. some neighbors and colleagues. what can you tell us. >> translator: yes, i can confirm there are four filtration centers operating in mar mariupol. they're treating people of male sex, men, ukrainian officials, municipal officials or state or government officials. and these people are sent in two directions. officials are put in prison for two weeks or two months. there's no particular logic to this. they are kept in small cells two to three meters, square meters. and they're not fed. they're given water only and they are allowed out to the toilet once a day. so they're kept in inhuman conditions. as for other people, people of working age are sent to the east of russia or to siberia. and we have -- we've analyzed population dynamic in russia. and we see that these -- the areas where mariupol people are being sent, to maritime terr territory, these areas have less population. in the last ten years they've lost 20%. 10% to 20% of population. so they're replenishing these areas with people from mariupol. and they're making them do jobs that russians are not prepared to do. so we can see that putin is using the soviet playbook. that's what stalin did with deportation and that's what hitler did. so putin is resulting to the soviet era playbook. we have examples of filtration camps. wu one of the correctors of the state company he unfortunately had to leave the area in mariupol controlled by russian forces and he was put in a filtration camp. he was interrogated for 32 hours. he was made to sit on a chair for 32 hours. he was questioned about what he knew. any information about how the ukrainian state operates and one final example i have of a middle aged couple from mariupol. they were traveling with a little girl 2 years old. so, they got through the filtration. and somehow, the russians have these lists which tell them who should be interrogated and so on. and they found somehow through these lists that the daughter of the middle aged couple, the eldest daughter working in ukrainian law enforcement. so they told them, you have raised a nazi, so we're going to take your little girl away, so you don't raise another nazi. now, when the father heard this, he grabbed the little girl, and he was grabbed by the russians. they beat him up. and eventually, they let him keep the child. but that is how they put pressure on ukrainians. that is how they humiliate them and that's what ukrainians have t go through in filtration camps. >> remarkable there. a revelation by president zelenskyy the number of times direct attempts made on his life. >> plus, reaction on the leak of a supreme court draft opinion that would strike down roe v. wade comblpletely, we've learne this morning, the white house will soon weigh in. check out this vrbo. come on. ♪ ♪ ♪ new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today. the mosquitoes are just all over the quiet please. okay. wow! 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[mosquitoes buzzing] i got you. got mosquitoes? don't call any pro, call the orkin pro. orkin. the best in pests. panera chefs have crafted a masterpiece... succulent, seared chicken... a secret aioli... clean ingredients... in a buttery brioche roll. made fresh, to leave you... speechless. panera's new chef's chicken sandwiches. $1 delivery fee on our app. ♪ baby got back by sir mix-a-lot ♪ unlimited cashback match... only from discover. ♪ reaction is pouring in this morning, the supreme court reportedly prepared to strike down roe v. wade completely. politico has obtained a draft opinion written by justice samuel alito which completely renounces the decades long ruling on abortion. john avlon has reality check. a new hours before politico released this opinion, the supreme court written by liberal stephen breyer that defends the rights of a christian civic group featuring a flag on the grounds of boston city hall. it seemed like a hopeful sign that maybe the supreme court could help us find common sense and common ground in culture wars. of course, that's not how the day ended. for almost 50 years abortion has been legal in the united states. the original decision roe v. wade was passed by a 7-2 margin supported by five republican justices. reaffirmed in casey decision generations later. abortion rights broadly popular with the american people, with 69% opposing roe being overturned according to a recent cnn poll. 86% of democrats, 72% of independents and even 44% of republicans. but not only that, according to gallop last year, 19% of americans thought that abortion should be illegal in all circumstances. 32% thought it should be legal in all circumstances. and 48% said it should be legal only under certain circumstances. it all speaks to the complexity of this personal issue. for what it's worth, i believe every abortion is a tragedy on some level. i also believe the decision should be between a woman, her doctor, her family and her god, not the state. that's why many believe the loaded terms pro-life and pro-choice are not remotely equivalent. they seem to care much less about public opinion, personal privacy or legal precedent because for them this is a moral issue. despite losing the popular vote seven out of the past eight elections, six points on the bench appointed by the gop. the problem is some of those republican-appointed justices currently supporting the decision to overturn roe v. wade reassured their senators they wouldn't dream of doing this, remember brett kavanaugh? >> what would you say your position today is on a woman's right to choose? >> i'd say, judge -- >> as a judge. >> as a judge, it is an important precedent of the supreme court, by it, i mean roe v. wade and planned parenthood versus casey, been reaffirmed many times. casey is precedent on precedent. >> precedent on precedent. and here's knneil gorsuch. >> the supreme court of the united states has held in roe v. wade that a fetus is not a person for purple purposes of t amendment. and the book explains that. >> do you accept that? >> that's the law of the land. i accept the law of the land, senator, yes. >> even justice samuel alito who reportedly authored the draft opinion made similar noises from his 2005 hearing. >> how would you weigh that consideration on the woman's right to choose? >> it's the principle that courts in general should follow their fast precedence. >> what you're saying in a confirmation hearing isn't binding even though you're under oath because once you have the job, it's forever. no matter who you have to smell. if roe v. wade is overturned, the question of abortion will go back to the states and for years conservatives have argued this would be the federalist solution that do help calm passions in the culture wars. 22 states have laws in place that ban or restrict abortion. with four other states ready to act. these bans include bans on abortion after six weeks which many women don't even know they're pregnant. many of new laws have no exception, even in the case of rape or incest. if you live in heavily gerrymandered states like florida, texas, ohio, women who are raped could be forced by the state to carry their rapist baby to term. this is the opposite of small government. this is the opposite of anything resembling libertarian. it isn't conservative, it's radical. not only that, the federal seems to be next on the to-do list. some washington reporters reporting, and watch out because if this draft does indicate the end of roe v. wade it will not cool the culture wars in our country. it will not help us find common ground. it will not help elevate the court beyond partisan politics. instead it will yuundercut democracy and pour gasoline on our already enflamed political positions. and that's your "reality check." >> john avlon, thank you so much. from captivity to tying the knot, a ukrainian fighter who fought to defend snake island explains how he made it from russian control to the altar. and new video, the russian military releasing these pictures, showing the launch of a precision cruise missile. more on this, as the battle intensifies. 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'tee you there. ♪ ringcentral ♪ we are her teachers, oh... hey bonnie, i d her therists,ere. chefs... oh, that's why we're tired. it's becausee're doing it every single day, all day. how do you like learning at home? i kind of don't like it. i kind of don't like it either. i just want you to have everything. everything that you want in life. ♪ ♪ ♪ if your moderate to severe crohn's disease or ulcerative colitis symptoms are stopping you in your tracks... choose stelara® from the start... and move toward relief after the first dose... with injections every two months. stelara® may increase your risk of infections, some serious, and cancer. before treatment, get tested for tb. tell your doctor if you have an infection, flu-like symptoms, sores, new skin growths, have had cancer, or if you need a vaccine. pres, a rare, potentially fatal brain condition, may be possible. some serious allergic reactions and lung inflammation can occur. feel unstoppable. ask your doctor how lasting remission can start with stelara®. janssen can help you explore cost support options. ubrelvy helps u fight migraine attacks. u put it all on the line. u do it all. so u bring ubrelvy. it can quickly stop migraine in its tracks within 2 hours... without worrying if it's too late or where you are. unlike older medicines, ubrelvy is a pill that directly blocks a protein believed to be a cause of migraine. do not take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. migraine pain relief starts with u. learn how abbvie can help you save. ask about ubrelvy, the anytime, anywhere migraine medicine. a ukrainian soldier who survived being held captive by russian forces for five weeks married his girlfriend over the weekend. he was a fighter in the 35th marine brigade, part of the platoon involved in the now names exchange with russian forces at snake island in february. >> the soldier was sent back to ukraine in a prisoner exchange, returning to kharkiv where he proposed to his girlfriend. i posed questions to the lieutenant who is part of the 229th kharkiv territorial rifle battalion. sir, you were the commander of the combined antiaircraft missile and artillery platoon on snake island that was involved in that now infamous exchange in february. can you tell us exactly what happened that day? >> translator: so everything began at 3:00 a.m. we were woken up by a combat alert and we had to get up and get dressed and come out on to our firing positions. we saw the moskva warship and also several patrol boats. and they were approaching the coastline, and at some point around 11:00 in the morning, moskva warship was very close, about 200, 500 meters away from the coastline. and they commanded us to evacuate. they told us that there are three patrol boats that are provided for our evacuation. but there was a condition to the evacuation, we had to lay down arms. and so our command decided we're not going to evacuate unless we kept our arms. but the russians were providing a green corridor, a safe passage for any civilians and also any servicemen who would lay down arms. so some civilians left by this patrol boats, they have a museum on the island, so the staff, there are three people, i think, and so we stayed and continued to fight. but the russians destroyed our air defenses, they had planes and they had also they were firing from the moskva warship, and they were using the aviation to bombard our positions. we sheltered, we didn't have many sheltered, but we had some shelters and we ran between them. and at some point when all our defenses were destroyed, we had our command decided that we are going to give ourselves up, so we laid down arms and we were taken to a hut. first we were commanded to lie down with our faces down and we -- we were kept in that position for about seven hours. and then for about two or three hours they were interrogating us in the hut. they gave us food and tea and then eventually we had to board a patrol boat and leave for the russian federation. and we had to surrender under these conditions because they were firing -- we had no arms left. they were firing on all our positions from sea base, from the warships, and from air artillery and so i'm grateful to our commander to make this -- who made this decision, because he saved our lives. >> that phrase, russian warship, go eff yourself, as you're well aware has become a popular slogan during the russian invasion and has felt like a symbol of defiance. what does it feel like to be part of that? >> yes, indeed, the phrase has become very popular and just the other day my wife and i went into a store and there were some t-shirts with the slogans and the picture of a warship, and so i felt proud. and a lot of people don't even realize this has to do with snake island. and what happened. but i felt proud, but also it is pride mixed with sadness because i know that most of my fellow soldiers are still in captivity. and so it is a mix. it is a mixed feeling. i sort of feel -- i feel proud, but with a tinge of sadness. >> you were held captive by russians for five weeks. can you tell us how you were treated and what your conditions were like? >> at first we were taken to sebastapol, there were lots of cameras filming us and saying look how well we're treating you. and so we stayed there in the barracks for about a day and a half, a week and a half, two weeks, and then we were put on a bus and we were taken by bus to an air field, and put on a transport plane, russian transport plane, we were taken in an unknown direction. when we landed, and we came out of the plane, we realized that this wasn't ukraine anymore because it was very, very cold. it was snowing. and well, it was a lot warmer in crimea. and we were put in a prison van and treated like criminal prisoners, like inmates. and so we were taken somewhere where it was very cold, and for three or three and a half hours kept outside. some of us were wearing t-shirts. so it was really cold, and some of us had frostbite. and then we were taken into tents. one by one. and interrogated. and then eventually put into prison. so we reckon this was somewhere in the north of russia or in siberia. when we were brought there, we were all lined up and told to bend the knee and stand on the knees for three hours, and they treated us as common criminals. some of us were hit with a gun, and so we kept -- we were kept like this for about four days and then eventually on day four we were told that they -- we were being taken to the place in russia and then that was the rest of our captivity. >> we continue to follow the stunning news out of the supreme court this morning, a draft majority opinion obtained by politico suggests the high court will strike down roe v. wade that they already voted on this, though it is preliminary at this point. what this could mean for other landmark decisions as well. and later this morning, president biden will see some of the weaponry being sent to ukraine, yohe'll see it firstha. and in the dark. but what if you could begin to see the signs of hope all around you? 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the number one longest-lasting aa battery. yay! case closed. we need to reduce plastic waste in the environment. that's why at america's beverage companies, our bottles are made to be re-made. not all plastic is the same. we're carefully designing our bottles to be 100% recyclable, including the caps. they're collected and separated from other plastics, so they can be turned back into material that we use to make new bottles. that completes the circle and reduces plastic waste. please help us get every bottle back. ♪ ♪ go further with the power and range of a lexus hybrid. whoa. get 2.49% apr financing on the 2022 rx 450 hybrid all-wheel drive. the sleep number 360 smart bed is on sale now. why choose proven quality sleep from sleep number? because the sleep number 360 smart bed is really smart. it senses your movement and automatically adjusts to help keep you both comfortable all night. it's also temperature balancing, so you stay cool. it's so smart it knows exactly how long, how well, and when you slept. sleep number takes care of the science, all you have to do is sleep. and now, save $500 on the sleep number 360 c4 smart bed, queen now only $1,299. lowest price ever! only for a limited time. to learn more, go to sleepnumber.com good morning to viewers here in the u.s. and around the world. it is tuesday, may 3rd. i'm brianna keilar with john berman. and roe v. wade is poised to be overturned. politico has obtained a draft of a majority supreme court opinion it

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Transcripts For CNN New Day With John Berman and Brianna Keilar 20240708

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right to an abortion. and to see those words, it's very stark, i think, to read them. it is stunning when you first do so. it's surprising, i think torsion see it in this format, that looks like a final supreme court opinion. but i do think, john, if you step back and you think about the decades-long effort by conservatives and conservative legal activists, toed edbuild their numbers on the court. you think about the fact that former president donald trump managed to get nominations and confirmations of very conservative justices to the supreme court. in part, because of the hubris of senators mcconnell, you could see this is a long time coming. >> it's a culmination as you say decades in the making that accelerated over the years and the impact is very, very real. by some estimates, we can put up a map, i think, so people can see, if this draft opinion becomes the real opinion, this means that the states seen in red there would almost immediately outlaw or severely restrict abortion rights. and the ones in yellow potentially the same. josh we go farther on this, just make clear exactly what you obtained. and the significance of the fact that you have this draft opinion. what is a draft opinion? >> so, when the supreme court hears arguments in a case, usually within one, two or three days after that, they have a closed-door private conference. only the nine justices inside that conference room. very secretive room, at the supreme court. and each of them basically lays out their position on each case. and at that point, there's an effort to assign a majority opinion. typically, the majority opinion is assigned by chief justice john roberts or whoever the chief justice at the time is. if he is in the majority, and if not, it's the most senior of the other justices who's in the majority. and our understanding is that what happened in this case is that the opinion was assigned to justice samuel alito. and he and his clerks have spent, or spent the two months or two and a half months between the arguments in december and mid-february, preparing this opinion. it's 67 pages in text. and then a 31-page appendix that was circulated at the court. as a proposed majority opinion. according to a person familiar with the court's proceedings, this appears to have the support of five of the six republican-appointed justices on the supreme court. essentially, all of the justices of the conservative persuasion on the court, except for chief justice john roberts. that's our best understanding of the situation. we should make clear to viewers, it is a draft. it is labeled as a first draft right on it. and therefore it could change before late june which is typically when the supreme court releases its opinions and its most controversial and contentious case. >> it could change up to the last minute. at the same time, reporting by you and others there isn't reason to consider that will change substantively. john, i want to read more from this. your piece you point out why samuel alito writes in this draft, roe was egregiously long from the start. why is is that wording so important in the overall argument made? >> so, the reason that alito's language is so tough and just so almost contemptuous of the ruling that was issued in 1973 is that i think he felt he really needed to build up a head of steam here to justify overturning precedent. you know, there is this presumption on the supreme court that its previous decisions were decided correctly. and that they don't rightly overturn opinions that they've issued in the past, especially on matters of wide concern to the american public. this is not some trivia area of business or tax law. this is an issue that affects, you know, tens of millions, maybe more than 100 million americans. and so what alito tries to do here is to almost ridicule the supreme court's opinion in roe v. wade from 1973 which paints it as so trivial and so poorly reasoned that the court should not have qualms about striking it down. and that language about being egregiously wrong is very interesting if you trace it back in recent opinions the court, that's the kind of thing that debuts to overrule plessy versus ferguson, in terms of immigration. he's tried to linked it to the past where the court has said, you know, we got an issue deeply, deeply wrong. alito is saying we did it again. and it looks like they might have a number of conservative allies on the court to make that prevailing opinion. votes change. it is possible to see votes change and we've seen that in high-profile cases. >> yes, votes could change. but words could change. some of this language could change in ways that does substantively alter perhaps the meaning of all of this. there are those looking at this, josh, again, raising questions about, well, is this ruling, as written in this draft, does it only have an impact on abortion? or could it have an impact on other decisions decided from the '60s, really in the '60s and the '70s that found a certain right to privacy, starting were with contraception or interracial marriage. alito seemed to anticipate that criticism, didn't he? >> right, he tries to rim abortion. and saying we're only talking abortion here. this decision has no impact on any other decision which is critics have said are based on more broad and vague themes in the constitution. arguably. the word "pr"privacy" not reall appearing there. obviously, the word "abortion" not appeared in that document drafted in 1870 but can you tuck abortion out of the jurisprudence and say we're going to take all of that out and leave contraception and the right to marry someone of a different race, can you say those things can remain and we pull this out. and you can lead to to examples regarding same-sex marriage, based on principles that it's really no business of the government whether you choose to m marry someone of the opposite sex or the same same-sex. will you about able to separate this out and put it in a box with decisions concerning potential life, and that those other kinds of issues don't involve potential life. but, obviously, many americans might disagree. and i suspect that the dissents you'll see in this case are going to really zero in on that question could this decision have a more dramatic impact, despite the assurances that alito tries to give in the draft opinion. >> josh gerstein of politico, we're on the precipice of a historic moment. this is a scoop like we've never seen before. we appreciate your work. thank. >> thanks, john. let's bring in jonah goldberg, co-author at the "washington post" and joan biscupic. jonah, to you first, what stands out in the opinion to you? >> i think the most interesting thing is that roberts isn't part of it. he as chief justice gets to write opinion if he wants it, if he's in the majority, he's clearly not in it. and joan is a much better expert on some of this stuff than i am. that's one of the things that stuck out to me, clearly, he's trying to do -- trying to figure out, cobble together something less, there's some reporting that he wants to save the 15-week time limit for abortions, but not go full until overturning roe v. wade. that's what came out to me. what comes out to me is the outrageousness of the leak itself. but that's a different story. >> we're going to touch on that in a moment. and i can tell you, this is amazing what josh has gotten. but he got this opinion at a very early stage in the process. now, it is likely that those five votes were going to hold. but the chief justice, according to our reporting was desperately trying to come up with some sort of compromise. maybe pick off a vote to do exactly what jonah just referred to right now, uphold the mississippi law that would prevent abortions after 15 weeks of pregnancy. but not so so far as this transformative opinion. and this disclosure has now choked off any kind of chance of that. i think. and so it's not only has this just shattered a half century of abortion law, of reproductive rights law of a holding from 1973 that said there is a constitution right for a woman to end a pregnancy. but it has also really shattered the institutional reputation of the supreme court. i don't know how they continue to trust each other, i don't know how the public can maintain confidence in the court given the chaos how this has come out. >> i do think the objective of how this was leaked is important because it can affect the outcome which is obviously what is dominating the conversation. you can look at this one of two ways, was it leaked by the left to raise a red flag? or was it leaked by the right to hold these justices to their position? and i ask you that, because what really, joan, was the possibility that the five justices on this draft opinion supporting this in the majority would have changed their vote? >> very unlikely. in fact, the reporting i was getting just 24 hours before this happened. the two justices who smiemight looked most in play, justices amy coney barrett and brett kavanaugh were not budging. the chief was not making headway with them and the five would stay. but as to who had incentive to leak this -- it is so sad -- i cannot believe that any member of the court would have leaked this. it is such a breach of protocol and a breach of trust. and in terms of law clerk, it's a killer for their career. to have done this. you know, as someone who is constantly getting milder leaks -- i just have to give it to politico for gettiting this actual document. it is just so hard to get information out of them, especially at this stage. you know you see right there, brianna, how it says first draft. these things go through multiple drafts. and the language that josh was reading, the very kind of incendiary language from justice alito, i bet some of that might have been toned down in the process. but now, all bets are off. >> let's keep our eye, though, on what this is going to mean for abortion. and those who either seek the right to have one, or believe that people should not. and i wonder what the effect is going to be, leann, some of which we've already seen, in places where obtaining abortion has become difficult for women who want one. >> yeah, it's happening right now in texas, as people are having to go across state lines to get an abortion. they're taking abortion pills, that has been reported as well. so people are still trying to get an abortion when it's not possible for them, so when it is illegal, which by the way, abortion rights, pro-choice groups say -- want everyone to know that it is still legal at this moment. that abortion is still legal. this is not a final decision yet. but people will still try to get an abortion if they want one. that could make it very dangerous if these abortion groups warn, and it impacts, these abortion groups also warn, the lowest income, people with the least resources, they're the ones put in the most danger. >> jonah, this is a sea change that is borne out of donald trump time in the white house. it's interesting to what they said during their confirmation hearings. it here is. >> is roe a super precedent? >> how out define super precedent? i'm answering questions about roe which indicates that roe didn't fall in that category. and scholars across the spectrum say that roe should not be overruled but descriptively it's not a case that not everyone has accepted and doesn't call for its overruling. >> as a judge it's an important precedent of the supreme court, by it, i mean roe v. wade and planned parenthood versus casey, and reaffirmed many times casey is precedent on precedent which itself is an impactortant facto. >> senator, the supreme court states in roe v. wade that a fetus is not a person for purposes of the 14th amendment. and the book explains that. do you accept that? >> that's the law of the land. i accept the law of the land, senator, yes. >> how do those comments age there, jonah? >> i actually think they age fine, to be honest. i'm one of these people that thinks roe was bad constitutional law. not talking about the policy of abortion, access to abortion. even ruth bader ginsburg thought that roe was a fraught decision because of what it did to the politics of the country. and the idea that, you know, supreme court nominees are going to say we've learned this since suter or bork, you can pick your time line, what they need to say that is factually accurate that gives us as little as possible to political opponents to derail their nomination. you have kavanaugh saying it's a precedent. it is a precedent. still is, right now, a law. while i agree entirely, it's going to create all sorts of hardships in places that ban abortion. it will also, overnight, make in places like new york and california, abortion is going to be just as readily accessible as it ever was, if this goes through. it will send things back to the states where i think the details belong in the first place. >> dig into that because in alito's opinion he says that roe was egregiously wrong from the start. the ruling was exceptionally weak. explain why he's saying that. >> i think he has to justify a position overturning something that a large chunk of america thinks is some sort of super precedent, what that nonlegal term is, where polling says there's a lot of support for roe v. wade. the polling game can get very dicey, because when you explain what roe v. wade and casey actually allow for, support for it drops. but generally, this country wants people to have access to abortion. and this is a politically fraught thing for the court to do, so he's trying to make it as bulletproof and strident as he can but it's also a first draft. and you never know what's coming. >> i want to get leigh ann into the conversation. what i thought, democrats have a hard time motivating voters. i wonder for the midterms. >> they've had a hard time motivating voters for the election season. they've had a hard time motivating voters on the issue of abortion for years and years and years. perhaps finally, this is the year they're able to do it. and maybe this is what enables them to get over that lackluster voter enthusiasm that poll after poll has shown, among democrats compared to republicans. now, a republican operative i talked to last night is skeptical of that. they think that the economy is still going to win out. they think there's too many other issues that matter to people and they're not going to vote on abortion because people usually don't. we'll see democrats fundraising off of this. they created a lot of money just last night, hundreds of millions of dollar, this could be a springboard for them midterms. >> maybe they don't, when they have the right, we'll see if that changes when they think they're not going to have that right in some states depending 0 wherein they live. great conversation, guys. appreciate it so much. thank you. new officials are warning this morning that a formal declaration of war from putin is actually looming. plus are evacuees from azovstal plant in mariupol piece bugsed to russian territories? the mayor is joining us ahead. and a symbol of defiance for ukrainian fighters. [ bleep ]. >> a soldier who was on snake island during that exchange joins "new day" with his account. and the first thing he did once freed from russian captivity. this is cnn's special coverage. . but, at upwork, we found her. she's in prague between the e ideal cup of coffee and a truly impressive synthesizer collection.. and you can find her right now (lepsi?) on u upwork.com (lepsi.) when the worldld is your workforce, finding the perfect project manager, designer, developer, or whomever you may need... tends to fall right into place. find top-rated talent who can start today on upwork.com shhhh. i think she's still awake. don't worry. the lexus rx built for modern families. $1,500 lease cash availae on 30 month 2022 rx lease programs. and it's easier than ever to■ get your projects done right. inside, outside, big or small, angi helps you find the right so for whatever you need done. with angi, you can connect with and see ratings and reviews. just search or scroll to see upf on hundreds of projects. and when you book and pay throug you're covered by our happiness it's easy to make your home an a check out angi.com today. angi... and done. if your moderate to severe crohn's disease or ulcerative colitis symptoms are stopping you in your tracks... choose stelara® from the start... and move toward relief after the first dose... with injections every two months. stelara® may increase your risk of infections, some serious, and cancer. before treatment, get tested for tb. tell your doctor if you have an infection, flu-like symptoms, sores, new skin growths, have had cancer, or if you need a vaccine. pres, a rare, potentially fatal brain condition, may be possible. some serious allergic reactions and lung inflammation can occur. feel unstoppable. ask your doctor how lasting remission can start with stelara®. janssen can help you explore cost support options. (johnny cash) ♪ i've traveled every road in this here land! ♪ ♪ i've been everywhere, man. ♪ ♪ i've been everywhere, man. ♪ ♪ crossed the desert's bare, man. ♪ ♪ i've breathed the mountain air, man. ♪ ♪ of travel i've had my share, man. ♪ ♪ i've been everywhere. ♪ ♪ i've been to: pittsburgh, parkersburg, ♪ ♪ gravelbourg, colorado, ♪ ♪ ellensburg, cedar city, dodge city, what a pity. ♪ ♪ i've been everywhere, man. ♪ ♪ i've been everywhere, man. ♪ ♪ i've been everywhere. ♪ there are lots of choices when it comes to your internet and technology needs. but when you choose comcast business internet, you choose the largest, fastest reliable network. you choose advanced security. and you choose fiber solutions with speeds up to 10 gigs available to more small businesses than any other provider. the choice is clear: get unbeatable business solutions from the most innovative company. get a great deal on this limited time price with internet and voice for just $49.99 a month for 24 months with a 2-year price guarantee. call today. ♪ significant new developments in russia's invasion of ukraine. u.s. and western officials say that vladimir putin may be preparing for formally declare war on ukraine within six days. and this move would enable the full mobilization of russia's reserve forces. until now, putin has only called the invasion a special military operation. here's the state department's assessment of this. >> i would add that would be a great irony if moscow used the occasion of victory day to declare war, which in itself would allow them to surge concrypts in a way they're not able to do now. in a way that would be tantamount to revealing to the world that their war effort is failing. that they are floundering. in their military campaign and military objectives. but i'm quite confident they'll be hearing more from moscow leading up to may 9th. and i'm quite confident you'll be hearing more from the united states and our nato partners in the leadup as well. >> it's currently in ureastern part of ukraine. and it will be repulsed in the donetsk region. ukraine has claimed it shot down seven attack drones. north and east of kharkiv right there, you see kharkiv right there, the ukrainians claim thain taken back control of several settlements. according to the pentagon, ukrainian troops have pushed russian forces 25 miles east of kharkiv in the last 24 to 48 hours. in the port city of odesa, southern ukraine, several missiles the ukrainians say have hit buildings including a church and dormitory. ukraine's president said a 14-year-old boy was killed and a 17-year-old girl wounded. we also have new video from mariupol. that's russian-backed forces firing grad rockets in the direction of the steel plant there, even though scores of civilians are still sheltering inside. ukrainian military says it killed five russian soldiers as they attempted to assault the facility. >> joining us now is cnn military analyst retired army general james "spider" marks. spider, tell us what would it mean for russia to officially declare war on ukraine. it seems that russia is now at war with ukraine already. >> yeah, i think, brianna, this is a distinction without a difference. they really are at war. what they've been declaring is this is a special operation, but there really is no difference between what we've seen, the devastation that they've caused, the number of battalion tactical groups, those organizations that have been invaded ukraine. and in many cases about 25% of those have been destroyed. but there's no difference between that and the declaration of war. so -- and, oh, by the way, putin as an allutocrat can mobilize whenever he wants to mobilize. this is a narrative. >> we talked about the major conflict in the eastern part of the country, we've been focused on donbas. there is fighting that happened around kharkiv which is a little separate from the rest of it, spider. >> right. >> with ukrainians, you can see in yellow, ukrainians able to win back some territories that the russians had been operating in. what's the significance of this? and what does it tell you about the ukrainians? >> yeah, what we've seen eye with the ukrainians all along is a level of creativity, mission command, that's kind of a military term for let me draw a picture of what i want you organizations to achieve. and you come back to me and tell me creative ways that you want to get it done. it's the purpose that drives operations. the ukrainians have been showing this across the board consistently. that goes to leadership. that goes to training. that goes to engagement, that goes to support that's coming from the west. the russians by comparison have displayed none of that. so, what we see right here in the vicinity of kharkiv, these areas right here are significant because the ukrainians are pushing the russians back. but also bear in mind, the russians still have a large presence here in red. and a large presence here. and also, at the start of all of this, since 2014, the russians have been here. they've been down in crimea. so the point is, these are contested areas. these are claimed by the russians. and then we've -- and cnn has just done a masterful job of describing the devastation in the vicinity of mariupol. russia is achieving its objective there. and elsewhere, simply through this indiscriminate firing of artillery, rockets and missiles, at stationary targets. so this is all very contested still. and what we thought might be some significant conventional tank engagements have not demonstrated themselves yet. >> and we just haven't seen it yet. general marks, thank you so much for taking us through that. we appreciate it. soon, we're also going to be joined by pentagon press secretary john kirby. >> so the evacuation of civilians continue out of mariupol this hour after earlier attempts stalled when russian forces attacked. an attack of, quote, constant fire on the azovstal steel plant. this morning, we posed questions for the mayor of mariupol on the discovery of filtration camps. here's that exchange. what can you tell us about the latest round of evacuations from azovstal and surrounding areas in mariupol this morning? >> translator: evacuation is ongoing. we are waiting to hear news on the buss that have settled for zaporizhzhia, the ukraine-controlled territory. as far as we know, they have not yet entered the ukraine-controlled territory. so we're waiting for this news. these are people who have spent a long time in bomb shelters. hiding from the bombardment and defended by our brave service men from the ukrainian armed forces and the national guard. so, we're waiting to save their lives. we're waiting to see them reach zaporizhzhia cisafely, on the w, they collected people from surrounding areas from the village, we've been able to join these people to the evacuation efforts. so we're waiting for news to see whether these people, these buses, have reached ukraine-controlled territory. >> an estimated 100,000 people remain in the city. what's the current situation in mariupol for those civilians remaining? >> translator: the situation is such that 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. >> are ukrainian forces still fighting for mariupol? >> translator: yes. ukrainian forces are continuing to fight for mariupol. they -- as soon as evacuation from other ports fierce fighting resumes and azovstal is currently under attack from tanks, from warships based in the azov sea from planes. they started storming the plant. and this is important to remember that there are still civilians inside the plant. there's still 200 local civilians, local people of mariupol inside the plant. and they're being defended by our brave military. these are women and children. there are about 20 children. and they're waiting to be evacuated. they're waiting for a chance to get out. we also have over 600 wounded ukrainians inside the plant. >> cnn found that russian forces were sending ukrainians to russia against their will through so-called builfiltratio centers you say more than 40,000 ended up in russia that way. some neighbors and colleagues. what can you tell us. >> translator: yes, i can confirm there are four filtration centers operating in mar mariupol. they're treating people of male sex, men, ukrainian officials, municipal officials or state or government officials. and these people are sent in two directions. officials are put in prison for two weeks or two months. there's no particular logic to this. they are kept in small cells two to three meters, square meters. and they're not fed. they're given water only and they are allowed out to the toilet once a day. so they're kept in inhuman conditions. as for other people, people of working age are sent to the east of russia or to siberia. and we have -- we've analyzed population dynamic in russia. and we see that these -- the areas where mariupol people are being sent, to maritime terr territory, these areas have less population. in the last ten years they've lost 20%. 10% to 20% of population. so they're replenishing these areas with people from mariupol. and they're making them do jobs that russians are not prepared to do. so we can see that putin is using the soviet playbook. that's what stalin did with deportation and that's what hitler did. so putin is resulting to the soviet era playbook. we have examples of filtration camps. wu one of the correctors of the state company he unfortunately had to leave the area in mariupol controlled by russian forces and he was put in a filtration camp. he was interrogated for 32 hours. he was made to sit on a chair for 32 hours. he was questioned about what he knew. any information about how the ukrainian state operates and one final example i have of a middle aged couple from mariupol. they were traveling with a little girl 2 years old. so, they got through the filtration. and somehow, the russians have these lists which tell them who should be interrogated and so on. and they found somehow through these lists that the daughter of the middle aged couple, the eldest daughter working in ukrainian law enforcement. so they told them, you have raised a nazi, so we're going to take your little girl away, so you don't raise another nazi. now, when the father heard this, he grabbed the little girl, and he was grabbed by the russians. they beat him up. and eventually, they let him keep the child. but that is how they put pressure on ukrainians. that is how they humiliate them and that's what ukrainians have t go through in filtration camps. >> remarkable there. a revelation by president zelenskyy the number of times direct attempts made on his life. >> plus, reaction on the leak of a supreme court draft opinion that would strike down roe v. wade comblpletely, we've learne this morning, the white house will soon weigh in. check out this vrbo. come on. ♪ ♪ ♪ new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today. the mosquitoes are just all over the quiet please. okay. wow! 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[mosquitoes buzzing] i got you. got mosquitoes? don't call any pro, call the orkin pro. orkin. the best in pests. panera chefs have crafted a masterpiece... succulent, seared chicken... a secret aioli... clean ingredients... in a buttery brioche roll. made fresh, to leave you... speechless. panera's new chef's chicken sandwiches. $1 delivery fee on our app. ♪ baby got back by sir mix-a-lot ♪ unlimited cashback match... only from discover. ♪ reaction is pouring in this morning, the supreme court reportedly prepared to strike down roe v. wade completely. politico has obtained a draft opinion written by justice samuel alito which completely renounces the decades long ruling on abortion. john avlon has reality check. a new hours before politico released this opinion, the supreme court written by liberal stephen breyer that defends the rights of a christian civic group featuring a flag on the grounds of boston city hall. it seemed like a hopeful sign that maybe the supreme court could help us find common sense and common ground in culture wars. of course, that's not how the day ended. for almost 50 years abortion has been legal in the united states. the original decision roe v. wade was passed by a 7-2 margin supported by five republican justices. reaffirmed in casey decision generations later. abortion rights broadly popular with the american people, with 69% opposing roe being overturned according to a recent cnn poll. 86% of democrats, 72% of independents and even 44% of republicans. but not only that, according to gallop last year, 19% of americans thought that abortion should be illegal in all circumstances. 32% thought it should be legal in all circumstances. and 48% said it should be legal only under certain circumstances. it all speaks to the complexity of this personal issue. for what it's worth, i believe every abortion is a tragedy on some level. i also believe the decision should be between a woman, her doctor, her family and her god, not the state. that's why many believe the loaded terms pro-life and pro-choice are not remotely equivalent. they seem to care much less about public opinion, personal privacy or legal precedent because for them this is a moral issue. despite losing the popular vote seven out of the past eight elections, six points on the bench appointed by the gop. the problem is some of those republican-appointed justices currently supporting the decision to overturn roe v. wade reassured their senators they wouldn't dream of doing this, remember brett kavanaugh? >> what would you say your position today is on a woman's right to choose? >> i'd say, judge -- >> as a judge. >> as a judge, it is an important precedent of the supreme court, by it, i mean roe v. wade and planned parenthood versus casey, been reaffirmed many times. casey is precedent on precedent. >> precedent on precedent. and here's knneil gorsuch. >> the supreme court of the united states has held in roe v. wade that a fetus is not a person for purple purposes of t amendment. and the book explains that. >> do you accept that? >> that's the law of the land. i accept the law of the land, senator, yes. >> even justice samuel alito who reportedly authored the draft opinion made similar noises from his 2005 hearing. >> how would you weigh that consideration on the woman's right to choose? >> it's the principle that courts in general should follow their fast precedence. >> what you're saying in a confirmation hearing isn't binding even though you're under oath because once you have the job, it's forever. no matter who you have to smell. if roe v. wade is overturned, the question of abortion will go back to the states and for years conservatives have argued this would be the federalist solution that do help calm passions in the culture wars. 22 states have laws in place that ban or restrict abortion. with four other states ready to act. these bans include bans on abortion after six weeks which many women don't even know they're pregnant. many of new laws have no exception, even in the case of rape or incest. if you live in heavily gerrymandered states like florida, texas, ohio, women who are raped could be forced by the state to carry their rapist baby to term. this is the opposite of small government. this is the opposite of anything resembling libertarian. it isn't conservative, it's radical. not only that, the federal seems to be next on the to-do list. some washington reporters reporting, and watch out because if this draft does indicate the end of roe v. wade it will not cool the culture wars in our country. it will not help us find common ground. it will not help elevate the court beyond partisan politics. instead it will yuundercut democracy and pour gasoline on our already enflamed political positions. and that's your "reality check." >> john avlon, thank you so much. from captivity to tying the knot, a ukrainian fighter who fought to defend snake island explains how he made it from russian control to the altar. and new video, the russian military releasing these pictures, showing the launch of a precision cruise missile. more on this, as the battle intensifies. bonnie boon i'm calling you out. everybody be cool, alright? 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>> translator: so everything began at 3:00 a.m. we were woken up by a combat alert and we had to get up and get dressed and come out on to our firing positions. we saw the moskva warship and also several patrol boats. and they were approaching the coastline, and at some point around 11:00 in the morning, moskva warship was very close, about 200, 500 meters away from the coastline. and they commanded us to evacuate. they told us that there are three patrol boats that are provided for our evacuation. but there was a condition to the evacuation, we had to lay down arms. and so our command decided we're not going to evacuate unless we kept our arms. but the russians were providing a green corridor, a safe passage for any civilians and also any servicemen who would lay down arms. so some civilians left by this patrol boats, they have a museum on the island, so the staff, there are three people, i think, and so we stayed and continued to fight. but the russians destroyed our air defenses, they had planes and they had also they were firing from the moskva warship, and they were using the aviation to bombard our positions. we sheltered, we didn't have many sheltered, but we had some shelters and we ran between them. and at some point when all our defenses were destroyed, we had our command decided that we are going to give ourselves up, so we laid down arms and we were taken to a hut. first we were commanded to lie down with our faces down and we -- we were kept in that position for about seven hours. and then for about two or three hours they were interrogating us in the hut. they gave us food and tea and then eventually we had to board a patrol boat and leave for the russian federation. and we had to surrender under these conditions because they were firing -- we had no arms left. they were firing on all our positions from sea base, from the warships, and from air artillery and so i'm grateful to our commander to make this -- who made this decision, because he saved our lives. >> that phrase, russian warship, go eff yourself, as you're well aware has become a popular slogan during the russian invasion and has felt like a symbol of defiance. what does it feel like to be part of that? >> yes, indeed, the phrase has become very popular and just the other day my wife and i went into a store and there were some t-shirts with the slogans and the picture of a warship, and so i felt proud. and a lot of people don't even realize this has to do with snake island. and what happened. but i felt proud, but also it is pride mixed with sadness because i know that most of my fellow soldiers are still in captivity. and so it is a mix. it is a mixed feeling. i sort of feel -- i feel proud, but with a tinge of sadness. >> you were held captive by russians for five weeks. can you tell us how you were treated and what your conditions were like? >> at first we were taken to sebastapol, there were lots of cameras filming us and saying look how well we're treating you. and so we stayed there in the barracks for about a day and a half, a week and a half, two weeks, and then we were put on a bus and we were taken by bus to an air field, and put on a transport plane, russian transport plane, we were taken in an unknown direction. when we landed, and we came out of the plane, we realized that this wasn't ukraine anymore because it was very, very cold. it was snowing. and well, it was a lot warmer in crimea. and we were put in a prison van and treated like criminal prisoners, like inmates. and so we were taken somewhere where it was very cold, and for three or three and a half hours kept outside. some of us were wearing t-shirts. so it was really cold, and some of us had frostbite. and then we were taken into tents. one by one. and interrogated. and then eventually put into prison. so we reckon this was somewhere in the north of russia or in siberia. when we were brought there, we were all lined up and told to bend the knee and stand on the knees for three hours, and they treated us as common criminals. some of us were hit with a gun, and so we kept -- we were kept like this for about four days and then eventually on day four we were told that they -- we were being taken to the place in russia and then that was the rest of our captivity. >> we continue to follow the stunning news out of the supreme court this morning, a draft majority opinion obtained by politico suggests the high court will strike down roe v. wade that they already voted on this, though it is preliminary at this point. what this could mean for other landmark decisions as well. and later this morning, president biden will see some of the weaponry being sent to ukraine, yohe'll see it firstha. and in the dark. but what if you could begin to see the signs of hope all around you? what if you could let in the lyte? didiscover caplyta. caplyta is a once-daily pill, proven to deliver significant relief from bipolar depression. unlike some medicines that only treat bipolar i, caplyta treats both bipolar i and bipolar ii depression. and, in clinical trials, feelings of inner restlessness and weight gain were not common. caplyta can cause serious side effects. call your doctor about sudden mood changes, behaviors, or suicidal thoughts right away. antidepressants may increase these risks in young adults. elderly dementia patients have increased risk of death or stroke. report fever, stiff muscles, or confusion, which may be life-threatening, or uncontrollable muscle movements, which may be permanent. these aren't all the serious side effects. in the darkness of bipolar i and ii depression, caplyta can help you let in the lyte. ask your doctor about caplyta, from intra-cellular therapies. when i'm on my hands and knees and i'm digging through the dirt, i feel something in me, like a fire, that's just growing. i feel kinder, when nature is skind to me. find more wayso grow with miracle-gro. it was a tragedy. with knockoff batteries, little miss cupcake never stood a chance. until, energizer ultimate lithium. who wants a cupcake? the number one longest-lasting aa battery. yay! case closed. we need to reduce plastic waste in the environment. that's why at america's beverage companies, our bottles are made to be re-made. not all plastic is the same. we're carefully designing our bottles to be 100% recyclable, including the caps. they're collected and separated from other plastics, so they can be turned back into material that we use to make new bottles. that completes the circle and reduces plastic waste. please help us get every bottle back. ♪ ♪ go further with the power and range of a lexus hybrid. whoa. get 2.49% apr financing on the 2022 rx 450 hybrid all-wheel drive. the sleep number 360 smart bed is on sale now. why choose proven quality sleep from sleep number? because the sleep number 360 smart bed is really smart. it senses your movement and automatically adjusts to help keep you both comfortable all night. it's also temperature balancing, so you stay cool. it's so smart it knows exactly how long, how well, and when you slept. sleep number takes care of the science, all you have to do is sleep. and now, save $500 on the sleep number 360 c4 smart bed, queen now only $1,299. lowest price ever! only for a limited time. to learn more, go to sleepnumber.com good morning to viewers here in the u.s. and around the world. it is tuesday, may 3rd. i'm brianna keilar with john berman. and roe v. wade is poised to be overturned. politico has obtained a draft of a majority supreme court opinion it

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