Transcripts For CNN Smerconish 20240707 : comparemela.com

Transcripts For CNN Smerconish 20240707



well, it's unclear how many russian sailers died in the attack, the u.s. believes there were significant casualties. at the on set of vladimir putin's invasion of ukraine, more than two months ago, president biden was insistent he didn't want to make this a contest between the u.s. and russia. >> direct confrontation between nato and russia is world war iii. something we must strive to prevent. >> fearing potential nuclear conflict, his goal it seemed was to stand behind the ukrainian people without military intervention and put pressure on putin with sanctions, hoping that he would back off. when ukraine begged for more military support, the u.s. at first appeared willing to support a transfer of mig fighter jets from poland. that deal was rejected by the pentagon over fears it could lead to open conflict between nato and russia. but, the discretion exercised in that decision has evolved into what increasingly looks like a proxy battle. consider this the biden administration poured billions of dollars in missiles, anti-tank weapons and ammunition into ukraine, that's in addition to the valuable intelligence u.s. officials have given ukraine and $33 billion aid package the president wants congress to take up. administration officials are adamant there are clear limits on the intelligence the u.s. shares with ukraine, that includes a ban on sharing intel that pinpoints senior russian leaders by name to avoid crossing a line with moscow. when asked by cnn's brianna keilar on friday where that line is, this is what pentagon press secretary john kirby had to say. >> well, i wouldn't describe any line as thin or imaginary, brianna. i would disagree with you on that. i'll tell you this, the intelligence that we provide to ukraine is legal. it's lawful. it's legitimate. and it's limited. and we're very careful about what we share and when we share it. >> yet some current and former officials suggest that any limits the biden administration has drawn for itself are arbitrary. no matter what the united states assesses might provoke russia, that depends on the thinking of just one man, vladimir putin. to be clear, the aid the u.s. has provided has helped bolster ukrainians to fight off the russians, but as the biden administration increases the amount and lethality of that support, will that not lead to real war with russia? i want to know what you think. go to my website at smerconish.com answer this week's survey question. is the u.s. sharing of military intelligence with ukraine worth the risk of further inflaming putin? here with me to discuss is the former u.s. ambassador to nato and former u.s. special representative for ukraine, kurt volker. mr. ambassador, thank you for being here. sofa sill tating mig fighters to ukraine, that was thought to be too provocative but battlefield intelligence that kills generals or sinks a ship, that's okay. help me understand the parameters of our involvement. >> right. well, thank you for having me. and to start off on that, i would have thought we should have facilitated the pols providing the mig 29 aircraft because the ukrainians are in a war of self defense. russia has attacked them. they have killed thousands of people. they have killed civilians. they have committed war crimes. and ukraine has a right to self defense under the u.n. charter, article 51, they have a right to defend themselves. with that, why wouldn't a country like poland say if the ukrainians need mig 29s, we'll provide them. why wouldn't the u.s. say poland, we got your back. you're a nato ally. we'll be there for you. and similarly, information about where the russians are when they're attacking the ukrainians, i don't find that to be controversial in sharing that with ukrainians at all. what the ukrainians do with it, that's up to them. they're the ones defending themselves. we're not fighting the russians. but sharing information or providing the weaponry i think is perfectly fine. >> okay. but at a certain point then we do draw a line. i'm going to put on the screen and i'll read aloud for you, this is also from "the new york times" reporting and it says the following, not all the strikes have been carried out with american intelligence. a strike over the weekend at the location in eastern ukraine where general had visited was not aided by american intel and then the key line, the united states prohibits itself from providing intelligence about the most senior russian leaders. how come? why is that off limits? >> well, i suppose that this is a self imposed restriction. there's no legal basis for it. but i think it's because if we thought of ourselves as directly helping the ukrainians target russian generals, then the russians might five it fair game to target american generals in syria or libya or wherever. so, we're probably self limiting on that. but i want to stress a different point here which is the ukrainians have excellent intelligence of their own, which is probably how they did this. the russians have had problems with command and control. their secured communications have not always worked. and they have been using the ukrainian cell phone network occasionally, and this has helped the ukrainians listen in and find out what's going on and find out where those people are. and if you're the ukrainians defending yourselves, then why wouldn't you be targeting the command and control leadership. >> are you surprised that putin has thus far exercised seemingly restraint. for example, it doesn't appear unless i'm not aware, the public is not aware, cyberattacks that many had anticipated would have been launched against the united states. >> right. so, first off, it's hard to describe anything putin has done as restraint. they have launched a major invasion of ukraine. they tried to take the capitol. they lobbed rockets at cities, lviv, kyiv, odesa and so forth. they killed civilians. they bombed schools. they bombed hospitals. there is no restraint here. now, what you are seeing is some effective deterrence. ukrainians have very good cyber capabilities as well. they have had their own cyberattacks against russia. and russians know that we have very strong cyber capabilities. so if they were to use cyberattacks against the united states, i think they actually might fear that we would be using cyber offense against them to hit back. that's not troops on the ground. there's no body bags out of that but i think they would be concerned about that. so when you look at the things that russia has not done, they haven't done the big cyberattacks probably because they're deterred. they haven't done nuclear weapons. let's pray they never do. but i think they may be deterred from that at a strategic level and we worry about is the tactical level and even there i think they have to be concerned that if they used an actual nuclear weapon that that would draw the u.s. or others to direct strikes against them in some way. they have to be worried about that. >> quick final question, are we in a proxy war with russia? >> we are not no. we are in a position of helping ukraine defend itself against a direct russian attack on ukraine. so, this is not about two super powers sitting off somewhere and having their minions go fight a war against each other. this is russia directly involved in trying to exterminate ukraine, calling them nazis and ukrainians defending themselves and getting a lot of support from the rest of the world as they do so. >> mr. ambassador, thank you so much for your time. >> my pleasure. thank you, michael. what are your thoughts? tweeted me at smerconish. go to my facebook page. i'll read responses throughout the course of the program. from the world of twitter, in world war ii, everyone knew loose lips sink ships. a national campaign i think the media should stop. someone is going too far. this could be dangerous. well, coleen, what you're essentially saying is with this in the public domain, the times publishing that up to 12 russian generals were taken out with intel we supplied the sinking of that ship, and who knows what else, will that, this is my survey question, will that so inflame putin that it's not worth sharing the intel? go to smerconish.com this hour and answer exactly that question. is the u.s. sharing of military intel with ukraine worth the risk of further inflaming vladimir putin. at the end of the hour i'll give you the result. up ahead, if the supreme court, if the supreme court overturns roe versus wade as anti anticipated. could one be an increase in crime? i'll talk to a coauthor of controversial study which was included in the best selling book "freak nomics," suggests access to abortion lowered crime rates. plus, the audience member who attacked dave chappelle the on stage was not charged with a felony by the los angeles district attorney. the latest decision by rookie reformist prosecutors in l.a. and san francisco who now both find themselves facing recall. ron brownstein is here to discuss. plus, despite his ex-wife's accusations of domestic abuse, johnny depp's fans are wholly supporting the actor in his defamation trial against her. is there anything wrong with this picture? ♪ ♪ i came, i saw, i conquered. 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assuming the draft opinion is an accurate representation of how the case will finally be decided, there are several open questions. as politico reported, they include can the states aints abortion laws apply behind its borders? can liberal states provide abortion care for people from out of state? what about abortion by mail? and what role can the federal government play in a post-roe world? here is one more, what will be the impact on crime? because there's data that suggests more abortion equals less crime. you remember the 2005 best seller freakonomics it connected the dots from a lower crime rate to the legalization of abortion based on a study that he had done with his fellow economist john donahue who will join me in just a moment. from 1991 until 2001, violent crime in the u.s. fell more than 30%, decline not seen since the end of prohibition. and in may of 2001, after crunching the data they published a study in the quarterly journal of economics. the impact of legalized abortion on crime. they wrote this, legalized abortion appears to account for as much as 50% of the recent drop in crime. the underlying explanations suggested by levitt and donahue were controversial. they pointed to the concept of unwantedness. children born to parents who didn't want or weren't ready for the child and how these children were more likely to have worst health and education outcomes as they grew up and ultimately be more likely to engage in criminal behaviors. the thesis, in other words, unwantedness leads to high crime. legalized abortion led to less unwantedness, therefore abortion led to lower crime. in amassing data, they divided states into three equal sized groups. the highest abortion rate states the medium abortion rate states and the lowest abortion rate states. they found that by 1997, 24 years after roe, there was roughly a 30% difference in what had happened to crime between the highest abortion states and the lowest abortion states. the study upset both sides of the abortion issue. as "the wall street journal" put it, conservatives were appalled that it found such positive consequences from a practice many of them found immoral. and liberals thought it smacked of eugenics. they cited other variables that authors neglected made the abortion effect on crime disappear. back in 2001, levitt and donahue project what had the numbers might look like after 20 years if their thesis held. in 2020 they followed up by looking what had transpired and published a new piece. impact of legalized abortion on crime over the last two decades. looking at the data from 1997 to 2014 they found a similar pattern in states with the highest abortion rates, crime rates had fallen 60% more than in the states that had the lowest abortion rates. look, it's a discomfortable argument, no matter where you stand on abortion, it turns unhappy, private event into a positive public outcome, but even given all that now with the prospect of half the states readying to effectively ban abortion, what does this study suggest about the long-term impact on crime? one of the study's coauthors joins me now, john donahue has a ph.d. in economics. so dr. donahue, essentially what you're saying is that a generation of criminals were never born. is that right? >> well, essentially it suggests that the cohort that was born after the legalization of abortion just came up with more benign life circumstances and adverse circumstances do promote higher rates of all sorts of socially unhelpful behavior, including crime. >> we should be clear, and i remember interviewing steven levitt several times when the book came out. he impressed me as not having a dog in this fight. this is a very controversial subject today and his point to me those many years ago, look, i'm a numbers cruncher. i'm just telling you what the data shows. is that where you're coming from? or are you an advocate? >> no. when we did the study, we were just trying to understand one of the most profound social events in american history, which was the very dramatic drop in crime that was observed in the 1990s and it turned out that the data supported this conclusion. then we made predircks if our thesis were correct, we would see about 1% drops in crime over the next 20 years. and that's what the subsequent paper actually indicated. so, we feel that the empirical evidence is fairly strongly supportive of the thesis that we originally articulated back in 2001. >> so, if roe versus wade is overturned next month, as the draft opinion suggests, what do you expect will be the consequence on the crime front? >> you know, in general we have every reason to think that imposing restraints on women's ability to choose the formation of their family is going to lead to more adverse outcomes for children that are going to be born because of the mothers are not able to engage in this sort of family planning. and so, the more states that restrict abortion, you will see that they will follow the patterns that our paper laid out. they will have upward pressure on crime rates, although they won't experience that for, you know, at least 15 years because it takes about 15 years for someone to move into and actually crime-increasing age. >> so if you're right that there will be down the road an increase in crime attributable to this supreme court decision, isn't the real lesson for policymakers get ready to provide the sort of social services that these children are going to require so as to rescue them or avert a life that might lead to crime? >> yeah. well, i think there are two things. one is that if you're going to remove the ability for abortion and you're concerned about the impact on crime over the next 20 years or so, you certainly want to reduce unwanted pregnancies through sex education, better contraception. and if those children are born into these more adverse life outcomes, i do think it's incumbent upon the government to try to take steps to improve the quality of their life over the next two decades. >> sum up, critics were questioning the modelling that you and professor levitt used at the time. i think you're here saying that the passage of two decades has proven you correct. but for the benefit of someone who is new to your work in this regard, what is the take away? >> yeah. so the early work that we did had data that ended in 1996. and of course, we were identifying phenomena that were really starting in 1991. so, the data that was available at time of the original study was more limited than what we have now. i do think that critics are always right to question any single study, but it's with the accumulation of data and the greater capacity to evaluate over time that we now have a much more confident attitude the original conclusions have been held up with the additional 20 years of data. >> more abortion/less crime. that's what your data suggests, true? >> yeah, although i would -- that's what the data suggests but i would make the point that the critical factor is enabling women to choose the timing and selection of their family generation. if they're able to avoid unwanted pregnancies, then all of the benefits that we saw that occurred because of abortion could be generated in that manner as well. >> dr. donahue, thank you. it's provocative. >> thank you. more social media reaction now. this comes, i think, from youtube, from a youtube page. what is it? so why are we having increased crime now? well, there are a lot of other factors at play. what levitt did at the time, i went back and reread and reminded myself, he did a lexus nexus search. he couldn't have done a google search. he wanted to see to what are people attributing the rise in crime of the '90s? and nowhere on the top ten list did anybody factor in the change brought on by roe versus wade. that was the whole starting point for he and for donahue. look, it's no less provocative today than it was 20 years ago. that's for sure. but i find it fascinating and well researched. i want to remind you, go to smerconish.com and answer this week's survey question, is the u.s. sharing of military intelligence with ukraine worth the risk of further inflaming putin? register for the newsletter while you're there. up ahead, the assailant who tackled dave chappelle as he walked off stage at the hollywood ball had a knife in his backpack but the los angeles county d.a. did not charge him with a felony. facing recall efforts. ron brownstein is here to discuss why. meanwhile, another hollywood icon johnny depp trying to disprove his ex-wife amber heard's accusation of abuse all in front of front room cameras. why would he want to air d dirt laundry in this forum? 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this week dave chappelle was leaving the stage at the holly we'll ball when a man leapt on stage and tackled the comedian. later found to have a knife that looked like a handgun. although the man isaiah lee was arrested for felony assault, the district attorney announced his office would not pursue felony charges. a spokesperson told cnn after reviewing the evidence prosecutors determined that while the criminal conduct occurred, the evidence as presented did not constitute felony conduct. gascon and his counterpart find their jobs in jeopardy during their first terms over accusations they've been too soft on crime. both won office after promising to confront structural racial inequities, reduce incourse ration and toughen accountability for law enforcement, but now bouden faces june 7 recall election and opponents of gascon are well on their ways of collecting hundreds of thousands of signatures they need by july 6th to prompt a recall election. ron brownstein my guest writes in the atlantic, successes of the approach as. measured by individuals kept out of prison and use the opportunity to stabilize their lives are inherently much less visible than the failures. joining me now to discuss is ron brownstein, senior editor at the atlantic where he wrote this piece "why california wants to recall its most progressive prosecutors." so ron, gascon and buden faced with this impress that they care more about the small minority accused of committing crimes than they do the large majority who want safety. explain. >> yeah. thanks for having me, michael. look, they have, i think, structural problems that they're facing that are inherent in the goal to reform the criminal justice system. as you note, if your policy is to reduce the number of people who are incarcerated, either by not holding them on cash bail before their trial or not seeking sentencing enhancements which lengthened sentences, both men have done, hundreds of people kept out of prison or kept for shorter periods, 95, 96 of them might go back home, stabilize their lives, build a family, help stabilize their community but they become invisible at that point. and the ones that we see are the four or five or seven or eight or how many who take that opportunity and re-offend. there's a structural problem. there's a structural problem also because they have faced entrenched opposition from law enforcement really from day one. i mean, it's extraordinary the role that their own offices have played. in l.a., the deputy district attorney union sued gascon over his policies almost immediately and are openly voted to support the recall. and of course, they are being hurt because crime is going up on many measures in both l.a. and san francisco. but of course it's going up as well in cities where you have hard line prosecutors and hard line kind of policing going on as well. and as your previous segment showed, the causes of crime are really complex. so there are a lot of structural reasons that are kind of inherent in the mission that they have taken on to try to reduce incoursearceration i thi many ways the core of their problem is they have appeared to many voters too flexible, too inflexible, too ideological and more worried about reducing incarceration and confronting the genuine structural inequities in the system than ensuring that everyone in the community feels as safe as possible. and that ultimately is the job. as one political strategist said to me, when you're elected d.a., you are hired to do a job. and if you kind of don't want to do that job to its fullest, that creates problems. >> this is the opposite. this approach it occurs to me is the opposite of broken windows for which we associate rudy giuliani and police in new york city in the late '90s. >> yeah. i really feel this is a broken windows moment in both l.a. and san francisco. and then in many ways the public's concern is more about a sense that order is being lost than it is about crime per se. i think both of these d.a.s are getting spill over from the anxiety in both places about pervasive homelessness that seems out of control with cities in effect seeding control of their public spaces. you know n polling in l.a., there's no question that more people express concern about homelessness than they do about crime. the d.a.'s impact is pretty marginal relative to other players in the system. but when you look at the large encampments that people see in l.a. and the large number of people on the streets in san francisco, it's very difficult for many to go through their day without encountering someone who seems a danger to themselves and to others. and i think that sense of disorder, which as you point out, is above all what elected rudy giuliani mayor in 1993 in a race that i covered the first time, that i think is at the heart of the political nature that both are facing. >> quick final question, buden, do you think he survives? >> there is -- i have not found anyone in san francisco, any political analyst in san francisco who thinks he can survive. gascon is on the bubble mostly whether they can obtain enough signatures. a lot are disqualified in the review. survive or not for gascon, there's a clear message here you can't lose sight of public safety even if you are pursuing reform and confronting discrimination. it's a full job and you have to do the full job. >> we're soon going to find out. ron brownstein, great piece. thank you so much. >> thanks for having me. checking in on your social media, from the world of twitter, what do we have? isn't assault a felony generally, throw in a knife and you have with a deadly weapon, what am i missing? mike, a prosecutor has discretion, i would argue, in a case like this. and if they wanted to charge this guy as a felony, there were any number of ways that they could have done so. it's just sort of emblematic of the mindset of these progressive prosecutors and will be very interesting to see whether buden can hang on and if he doesn't, then maybe gascon will be next and be a lot of others paying attention from the sidelines like krasner in philadelphia. make sure you're answering this week's survey question at smerconish.com is the u.s. sharing of military intelligence with ukraine, is it worth the risk of further inflaming putin? still to come, watching johnny depp's fans rally around him as he and ex-wife amber heard trade abuse accusations in court, i can't help but wonder does this prove the addage that there's truly no such thing as bad publicity? 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, en nature is so kind to me. find more ways to grow with miracle-gro. the eep 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. don't miss our weekend special. save $500 on the sleep number 360 c4 smart bed, queen now only $1,299. lowest price ever! plus, no interest until january 2025. ends monday. from prom dresses to workouts and new adventures you hope the more you give the less they'll miss. but even if your teen was vaccinated against meningitis in the past they may be missing vaccination for meningitis b. although uncommon, up to 1 in 5 survivors of meningitis will have long term consequences. now as you're thinking about all the vaccines your teen might need make sure you ask your doctor if your teen is missing meningitis b vaccination. if you're turning 65 soon or over 65 and planning to retire... now's the time to learn more about an aarp medicare supplement insurance plan from unitedhealthcare and get help protecting yourself from the out-of-pocket costs medicare doesn't pay. because the time to prepare is before you go on medicare. don't wait. get started today. call unitedhealthcare for your free decision guide. cal: our confident forever plan is possible with a cfp® professional. a cfp® professional can help you build a complete financial plan. visit letsmakeaplan.org to find your cfp® professional. ♪ i got a call from some scammer who had the nerve to ask for my medicare number. i was not born yesterday. when someone asked for my medicare number in a text, i knew it was a scam. nice catch. and, your mother knew it wasn't a real email. go, mom! - i don't share my medicare number with strangers. - if you get a call, text or email - strike! - asking for your medicare or personal information, - delete! - shut it down. - nope! learn more at medicare.gov/fraud. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! 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(heartbeats) introducing icy hot pro. ice works fast... to freeze your pain and your doubt. heat makes it last. so you'll never sit this one out. new icy hot pro with 2 max-strength pain relievers. ♪ ♪ ♪ ♪ does the johnny depp/amber heard court battle prove the old addage there's no such thing as bad publicity or women are incredibly tough on other women. a man accused of horrible things seems to be getting most of their support. those are my thoughts watching the loyal johnny depp fans most of them female inside and outside the fairfax, virginia, courtroom where depp's $50 million lawsuit against his ex-wife is being held. i was surprise head wanted to go to court because it opens the airing of all sorts of dirty laundry about his reputation and behavior and lost a similar lawsuit in uk. depp assaulted heard a dozen times including several that put her in fear for her life. the current case stems from a 2018 op-ed that heard published in the washington post headlined, i spoke up against sexual violence and faced our culture's rath. that has to change. heard an actress and aclu ambassador on women's rights had filed for divorce in 2016 and asked for a restraining order, citing abuse. she wrote that after speaking out she lost a movie role and endorsement deal and received death threats. quote, i had the rare vantage point of seeing in realtime how institutions protect men accused of abuse. though she never named depp in the piece, he argues it damaged his career that her allegations led to him being denied a sequel to pirates of the caribbean and denies all claims of abuse and his attorney called her allegations ahoax. heard countersued depp for $100 million. the op-ed is not only true but protected by the first amendment. during depp's testimony he denied physically abusing heard and called her a liar who is trying to ruin his life. >> she threw the large bottle, and it made contact and shattered everywhere. then i looked down and realized that the tip of my finger had been severed. >> but in heard's testimony this week, she recounted episodes of depp drinking, doing drugs and going into jealous rages and hitting her. >> i would feel pain, just the pressure on my pubic bone. and i remember looking at all the broken bottles, broken glass, and i remember just not wanting to move because i didn't know if i was broken. i didn't know if the bottle -- that he had inside me was broken. i couldn't feel it. >> his long-time fan base didn't seem swayed by heard's story or other evidence such as depp's profane text messages and audio recording as "the washington post" reports #justice for johnny depp received nearly 7 billion views across tiktok and regularly trends on twitter by comparison the #justice for amber heard has about 25 million views. heard's testimony picks up on may 16 with closing arguments expected on or about may 27. joining me now is howard bragman a-pr and crisis expert who is chairman of labray media and worked with sharon osborne, nick cannon and others. howard, i went to your website and you have listed your specialties, one of your specialties is dealing with public humiliation. some might think that would apply to johnny depp, but so far it doesn't seem to have impacted his olympicpublic opinion stand. how come? >> you were talking about in the introduction about what would happen conventionally, michael. you were talking about the fact that most people wouldn't go to trial, particularly after they lost. most people wouldn't do it in the first place because you open up everything in these depositions. and we have seen every humiliating text message. we have seen every email. we have heard recounts of every episode in their entire relationship and other things. that's the quote unquote conventional wisdom. but you know what, johnny depp has never been conventional. and he didn't want to play this conventional. and by not being conventional it seems to be working for him. let me make one point really quickly, okay? in many cases your attorney is going to say -- and let's look at amber, i want you to dress very conservatively. we were joking the other day that amber looked like she's wearing the lady brooks brother's collection, right? these kind of school marm outfits and these oxford shirts. johnny is a version of johnny. he has sun glass, eye liners, tight suits, dark shirts. and that authenticity seems to be working for him, michael. in some strange way. but, he knows who he is. and the public likes him. >> if he loses this trial, if she is successful, is he ever going to eat in this town again? >> i kind of think he is in this unusual way. i've seen it many times, somebody gets humiliated. somebody gets sued. somebody goes through something really horrible and instead of ruining their career, it kind of reminds people why we liked him. and you play this game on two levels. one is certainly the court of law. and two, is the court of public opinion. and whatever happens in the court of law johnny certainly seems to be winning in the court of public opinion right now. and i'm not saying disney is going to go and do a movie with johnny and pirates 11, that is certainly not going to happen that a big corporate studio is going to go jump out. but will he get some endorsement deal overseas or a movie overseas or an independent movie? yeah. somebody is going to want to figure out a way to harness all this love for johnny that's out there right now and turn it into dollars. this guy has made -- >> quick final observation, if i may. it's the era of hashtag metoo, in this context it seems to me anecdotally callers to my radio program, women are more circumspect of amber heard than are men. your comment is what? >> you know, it's this crazy world we're living in, women are not responding to heard. johnny got to tell his story first. and he told it well. and women, everybody responded to him. there's a difference when you're a movie star and you already have this fan base. you just have to bring them back. and that brought back men, women and many people who grew up on him. and she's paying the price for that. hopefully for her team, she's going to be able to get some of that back when her story comes out. that's yet to be seen. >> howard, thank you for the analysis. >> thanks a lot, michael. case is a train wreck. i stayed away from it until this week and then like the godfather, i got sucked in on it. what do we have, katherine? from the world of twitter, both narcissists. depp will not benefit from this. no one really cares but it's like watching a netflix hit. you can't stop watching the train wreck it is. kelly ann, no joke. i didn't get to the end of ozark because of this trial. i was like on schedule to finish ozark and then came this trial and i can't take my eyes off of it. still to come, more of your best and worst tweets and facebook comments and we'll give you the final results of the survey question, go right now to smerconish.com, answer the question. is the u.s. sharing of military intelligence with ukraine, is it worth the risk of further inflaming putin? register for the newsletter while you're there. ♪ support yourur immune system with a potent blend of nutrients and emerge your best every day with emergrgen-c check out this vrbo. oh man. ♪ come on. ♪ ♪ ♪ ♪ ♪ ♪ my little family is me, aria, and jade. just the three of us girls. i never thought twice about feeding her kibble. but about two years ago, i realized she was overweight. she was always out of breath. that's when i decided to introduce the farmer's dog to her diet. it's just so fresh that she literally gets bubbles in her mouth. now she's a lot more active she's able to join us on our adventures. and we're all able to do things as a family. ♪ get started at longlivedogs.com 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. ♪ ♪ bonnie boon i'm calling you out. everybody be cool, alright? we've got bonnie right here on a video call. we don't take kindly to video calls. oh, in that case just tap to send a message. we don't take kindly to messages neither. in that case how 'bout a ringcentral phone call. we don't take kindly to no... would you can it eugene! let's just hear her out. ha ha ha, i've been needing a new horse. we've got ourselves a deal. ♪ ♪ ♪ ringcentral ♪ this is not the stallion i was imagining. 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. time now to see how you responded to the survey question at smerconish.com. here it is -- is the u.s. sharing of military intelligence with ukraine worth the risk of further enflaming putin? here are the results. wow, i'm floored by that. i did not see that coming. 23,000 and change have voted, and 94% of you say yes, it's worth it. don't misunderstand what i'm saying. i want to give every advantage to ukraine, but i feel like we've been lulled into a perspective here of we don't have to worry about putin. it's amazing if you think about it, if the reporting is accurate, and i suspect it is, our intel, and we're giving weapons and financial aid, led to up to 12 -- you know, of the generals being taken out and the sinking of that ship and who knows what else. like how far can we push putin? hopefully we can keep pushing him. social media reaction, what do we have? just surprised by the margin of that. smerconish, why are you pushing the russian talking points about proxy wars? charles, i'm pushing reports by highlighting the week that says our intel led to this. what do you want me to do? ignore that story? i'm not going to ignore that story. i'm supportive of what we're doing. i hope i'm making that clear. i'm keeping in mind that this guy is someone you need to be concerned about. and i think we've been lulled into a position that we can do anything with regard to him. that's my view. here's my more important view -- happy mother's day to all moms tomorrow. i'll see you next we'll. -- see you next weekek. allergies don't have to be scary. your body fromying flonase ds overreacting to allergens all season long. psst! psst! flonase algood. ♪("i've been everywhere" by johnny cash) ♪ ♪i've traveled every road in this here land!♪ ♪i've been everywhere, man.♪ ♪i've been everywhere, man.♪ ♪of travel i've had my share, man.♪ ♪i've been everywhere.♪ ♪ this is roundup weed and grass killer with sure shot wand. this stuff works. this stuff works down to the root so weeds don't come back. this stuff works without hurting your back. this stuff works guaranteed, or your money back. this is roundup weed & grass killer with sure shot wand. this stuff works. the unknown is not empty. it's a storm that crashes, and consumes, replacing thought with worry. but one thing can calm uncertainty. an answer. uncovered through exploration, teamwork, and innovation. an answer that leads to even more answers. mayo clinic. you know where to go. hitting the road? 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Transcripts For CNN Smerconish 20240707 : Comparemela.com

Transcripts For CNN Smerconish 20240707

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well, it's unclear how many russian sailers died in the attack, the u.s. believes there were significant casualties. at the on set of vladimir putin's invasion of ukraine, more than two months ago, president biden was insistent he didn't want to make this a contest between the u.s. and russia. >> direct confrontation between nato and russia is world war iii. something we must strive to prevent. >> fearing potential nuclear conflict, his goal it seemed was to stand behind the ukrainian people without military intervention and put pressure on putin with sanctions, hoping that he would back off. when ukraine begged for more military support, the u.s. at first appeared willing to support a transfer of mig fighter jets from poland. that deal was rejected by the pentagon over fears it could lead to open conflict between nato and russia. but, the discretion exercised in that decision has evolved into what increasingly looks like a proxy battle. consider this the biden administration poured billions of dollars in missiles, anti-tank weapons and ammunition into ukraine, that's in addition to the valuable intelligence u.s. officials have given ukraine and $33 billion aid package the president wants congress to take up. administration officials are adamant there are clear limits on the intelligence the u.s. shares with ukraine, that includes a ban on sharing intel that pinpoints senior russian leaders by name to avoid crossing a line with moscow. when asked by cnn's brianna keilar on friday where that line is, this is what pentagon press secretary john kirby had to say. >> well, i wouldn't describe any line as thin or imaginary, brianna. i would disagree with you on that. i'll tell you this, the intelligence that we provide to ukraine is legal. it's lawful. it's legitimate. and it's limited. and we're very careful about what we share and when we share it. >> yet some current and former officials suggest that any limits the biden administration has drawn for itself are arbitrary. no matter what the united states assesses might provoke russia, that depends on the thinking of just one man, vladimir putin. to be clear, the aid the u.s. has provided has helped bolster ukrainians to fight off the russians, but as the biden administration increases the amount and lethality of that support, will that not lead to real war with russia? i want to know what you think. go to my website at smerconish.com answer this week's survey question. is the u.s. sharing of military intelligence with ukraine worth the risk of further inflaming putin? here with me to discuss is the former u.s. ambassador to nato and former u.s. special representative for ukraine, kurt volker. mr. ambassador, thank you for being here. sofa sill tating mig fighters to ukraine, that was thought to be too provocative but battlefield intelligence that kills generals or sinks a ship, that's okay. help me understand the parameters of our involvement. >> right. well, thank you for having me. and to start off on that, i would have thought we should have facilitated the pols providing the mig 29 aircraft because the ukrainians are in a war of self defense. russia has attacked them. they have killed thousands of people. they have killed civilians. they have committed war crimes. and ukraine has a right to self defense under the u.n. charter, article 51, they have a right to defend themselves. with that, why wouldn't a country like poland say if the ukrainians need mig 29s, we'll provide them. why wouldn't the u.s. say poland, we got your back. you're a nato ally. we'll be there for you. and similarly, information about where the russians are when they're attacking the ukrainians, i don't find that to be controversial in sharing that with ukrainians at all. what the ukrainians do with it, that's up to them. they're the ones defending themselves. we're not fighting the russians. but sharing information or providing the weaponry i think is perfectly fine. >> okay. but at a certain point then we do draw a line. i'm going to put on the screen and i'll read aloud for you, this is also from "the new york times" reporting and it says the following, not all the strikes have been carried out with american intelligence. a strike over the weekend at the location in eastern ukraine where general had visited was not aided by american intel and then the key line, the united states prohibits itself from providing intelligence about the most senior russian leaders. how come? why is that off limits? >> well, i suppose that this is a self imposed restriction. there's no legal basis for it. but i think it's because if we thought of ourselves as directly helping the ukrainians target russian generals, then the russians might five it fair game to target american generals in syria or libya or wherever. so, we're probably self limiting on that. but i want to stress a different point here which is the ukrainians have excellent intelligence of their own, which is probably how they did this. the russians have had problems with command and control. their secured communications have not always worked. and they have been using the ukrainian cell phone network occasionally, and this has helped the ukrainians listen in and find out what's going on and find out where those people are. and if you're the ukrainians defending yourselves, then why wouldn't you be targeting the command and control leadership. >> are you surprised that putin has thus far exercised seemingly restraint. for example, it doesn't appear unless i'm not aware, the public is not aware, cyberattacks that many had anticipated would have been launched against the united states. >> right. so, first off, it's hard to describe anything putin has done as restraint. they have launched a major invasion of ukraine. they tried to take the capitol. they lobbed rockets at cities, lviv, kyiv, odesa and so forth. they killed civilians. they bombed schools. they bombed hospitals. there is no restraint here. now, what you are seeing is some effective deterrence. ukrainians have very good cyber capabilities as well. they have had their own cyberattacks against russia. and russians know that we have very strong cyber capabilities. so if they were to use cyberattacks against the united states, i think they actually might fear that we would be using cyber offense against them to hit back. that's not troops on the ground. there's no body bags out of that but i think they would be concerned about that. so when you look at the things that russia has not done, they haven't done the big cyberattacks probably because they're deterred. they haven't done nuclear weapons. let's pray they never do. but i think they may be deterred from that at a strategic level and we worry about is the tactical level and even there i think they have to be concerned that if they used an actual nuclear weapon that that would draw the u.s. or others to direct strikes against them in some way. they have to be worried about that. >> quick final question, are we in a proxy war with russia? >> we are not no. we are in a position of helping ukraine defend itself against a direct russian attack on ukraine. so, this is not about two super powers sitting off somewhere and having their minions go fight a war against each other. this is russia directly involved in trying to exterminate ukraine, calling them nazis and ukrainians defending themselves and getting a lot of support from the rest of the world as they do so. >> mr. ambassador, thank you so much for your time. >> my pleasure. thank you, michael. what are your thoughts? tweeted me at smerconish. go to my facebook page. i'll read responses throughout the course of the program. from the world of twitter, in world war ii, everyone knew loose lips sink ships. a national campaign i think the media should stop. someone is going too far. this could be dangerous. well, coleen, what you're essentially saying is with this in the public domain, the times publishing that up to 12 russian generals were taken out with intel we supplied the sinking of that ship, and who knows what else, will that, this is my survey question, will that so inflame putin that it's not worth sharing the intel? go to smerconish.com this hour and answer exactly that question. is the u.s. sharing of military intel with ukraine worth the risk of further inflaming vladimir putin. at the end of the hour i'll give you the result. up ahead, if the supreme court, if the supreme court overturns roe versus wade as anti anticipated. could one be an increase in crime? i'll talk to a coauthor of controversial study which was included in the best selling book "freak nomics," suggests access to abortion lowered crime rates. plus, the audience member who attacked dave chappelle the on stage was not charged with a felony by the los angeles district attorney. the latest decision by rookie reformist prosecutors in l.a. and san francisco who now both find themselves facing recall. ron brownstein is here to discuss. plus, despite his ex-wife's accusations of domestic abuse, johnny depp's fans are wholly supporting the actor in his defamation trial against her. is there anything wrong with this picture? ♪ ♪ i came, i saw, i conquered. (all): hail, caesar! pssst caar! julius! dude, you should reay check in with your team on ringcentral. pssst i was thinking like... oh hi, caesar. we were just talking about you. ha ha ha. yeah, you should probably get out of here. not good. ♪ ♪ ♪ ringcentral ♪ check out this vrbo. oh man. ♪ come on. ♪ ♪ ♪ ♪ ♪ ♪ there's a different way to treat hiv. it's every-other-month, injectable cabenuva. for adults who are undetectable, cabenuva is the only complete hiv treatment you can get every other month. cabenuva helps keep me undetectable. it's two injections, given by a healthcare provider every other month. it's one less thing to think about while traveling. hiv pills aren't on my mind. a quick change in my plans is no big deal. don't receive cabenuva if you're allergic to its ingredients or taking certain medicines, which may interact with cabenuva. serious side effects include allergic reactions, post-injection reactions, liver problems, and depression. if you have a rash and other allergic reaction symptoms, stop cabenuva and get medical help right away. tell your doctor if you have liver problems or mental health concerns, and if you are pregnant, breastfeeding, or considering pregnancy. some of the most common side effects include injection-site reactions, fever, and tiredness. if you switch to cabenuva, attend all treatment appointments. every other month and i'm good to go. ask your doctor about every-other-month cabenuva. 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. ♪("i've been everywhere" by johnny cash) ♪ ♪i've traveled every road in this here land!♪ ♪i've been everywhere, man.♪ ♪i've been everywhere, man.♪ ♪of travel i've had my share, man.♪ ♪i've been everywhere.♪ ♪ 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 so kind to me. find more ways to grow with miracle-gro. some people have minor joint pain, plus high blood pressure. and since pain relievers may affect blood pressure, they can't just take anything for their pain. tylenol® is the #1 dr. recommended pain relief brand for those with high blood pressure. if you have questions on whether tylenol is right for you, talk to your doctor. with roe versus wade looking like it's going to be struck down, what might be some of the unintended consequences? assuming the draft opinion is an accurate representation of how the case will finally be decided, there are several open questions. as politico reported, they include can the states aints abortion laws apply behind its borders? can liberal states provide abortion care for people from out of state? what about abortion by mail? and what role can the federal government play in a post-roe world? here is one more, what will be the impact on crime? because there's data that suggests more abortion equals less crime. you remember the 2005 best seller freakonomics it connected the dots from a lower crime rate to the legalization of abortion based on a study that he had done with his fellow economist john donahue who will join me in just a moment. from 1991 until 2001, violent crime in the u.s. fell more than 30%, decline not seen since the end of prohibition. and in may of 2001, after crunching the data they published a study in the quarterly journal of economics. the impact of legalized abortion on crime. they wrote this, legalized abortion appears to account for as much as 50% of the recent drop in crime. the underlying explanations suggested by levitt and donahue were controversial. they pointed to the concept of unwantedness. children born to parents who didn't want or weren't ready for the child and how these children were more likely to have worst health and education outcomes as they grew up and ultimately be more likely to engage in criminal behaviors. the thesis, in other words, unwantedness leads to high crime. legalized abortion led to less unwantedness, therefore abortion led to lower crime. in amassing data, they divided states into three equal sized groups. the highest abortion rate states the medium abortion rate states and the lowest abortion rate states. they found that by 1997, 24 years after roe, there was roughly a 30% difference in what had happened to crime between the highest abortion states and the lowest abortion states. the study upset both sides of the abortion issue. as "the wall street journal" put it, conservatives were appalled that it found such positive consequences from a practice many of them found immoral. and liberals thought it smacked of eugenics. they cited other variables that authors neglected made the abortion effect on crime disappear. back in 2001, levitt and donahue project what had the numbers might look like after 20 years if their thesis held. in 2020 they followed up by looking what had transpired and published a new piece. impact of legalized abortion on crime over the last two decades. looking at the data from 1997 to 2014 they found a similar pattern in states with the highest abortion rates, crime rates had fallen 60% more than in the states that had the lowest abortion rates. look, it's a discomfortable argument, no matter where you stand on abortion, it turns unhappy, private event into a positive public outcome, but even given all that now with the prospect of half the states readying to effectively ban abortion, what does this study suggest about the long-term impact on crime? one of the study's coauthors joins me now, john donahue has a ph.d. in economics. so dr. donahue, essentially what you're saying is that a generation of criminals were never born. is that right? >> well, essentially it suggests that the cohort that was born after the legalization of abortion just came up with more benign life circumstances and adverse circumstances do promote higher rates of all sorts of socially unhelpful behavior, including crime. >> we should be clear, and i remember interviewing steven levitt several times when the book came out. he impressed me as not having a dog in this fight. this is a very controversial subject today and his point to me those many years ago, look, i'm a numbers cruncher. i'm just telling you what the data shows. is that where you're coming from? or are you an advocate? >> no. when we did the study, we were just trying to understand one of the most profound social events in american history, which was the very dramatic drop in crime that was observed in the 1990s and it turned out that the data supported this conclusion. then we made predircks if our thesis were correct, we would see about 1% drops in crime over the next 20 years. and that's what the subsequent paper actually indicated. so, we feel that the empirical evidence is fairly strongly supportive of the thesis that we originally articulated back in 2001. >> so, if roe versus wade is overturned next month, as the draft opinion suggests, what do you expect will be the consequence on the crime front? >> you know, in general we have every reason to think that imposing restraints on women's ability to choose the formation of their family is going to lead to more adverse outcomes for children that are going to be born because of the mothers are not able to engage in this sort of family planning. and so, the more states that restrict abortion, you will see that they will follow the patterns that our paper laid out. they will have upward pressure on crime rates, although they won't experience that for, you know, at least 15 years because it takes about 15 years for someone to move into and actually crime-increasing age. >> so if you're right that there will be down the road an increase in crime attributable to this supreme court decision, isn't the real lesson for policymakers get ready to provide the sort of social services that these children are going to require so as to rescue them or avert a life that might lead to crime? >> yeah. well, i think there are two things. one is that if you're going to remove the ability for abortion and you're concerned about the impact on crime over the next 20 years or so, you certainly want to reduce unwanted pregnancies through sex education, better contraception. and if those children are born into these more adverse life outcomes, i do think it's incumbent upon the government to try to take steps to improve the quality of their life over the next two decades. >> sum up, critics were questioning the modelling that you and professor levitt used at the time. i think you're here saying that the passage of two decades has proven you correct. but for the benefit of someone who is new to your work in this regard, what is the take away? >> yeah. so the early work that we did had data that ended in 1996. and of course, we were identifying phenomena that were really starting in 1991. so, the data that was available at time of the original study was more limited than what we have now. i do think that critics are always right to question any single study, but it's with the accumulation of data and the greater capacity to evaluate over time that we now have a much more confident attitude the original conclusions have been held up with the additional 20 years of data. >> more abortion/less crime. that's what your data suggests, true? >> yeah, although i would -- that's what the data suggests but i would make the point that the critical factor is enabling women to choose the timing and selection of their family generation. if they're able to avoid unwanted pregnancies, then all of the benefits that we saw that occurred because of abortion could be generated in that manner as well. >> dr. donahue, thank you. it's provocative. >> thank you. more social media reaction now. this comes, i think, from youtube, from a youtube page. what is it? so why are we having increased crime now? well, there are a lot of other factors at play. what levitt did at the time, i went back and reread and reminded myself, he did a lexus nexus search. he couldn't have done a google search. he wanted to see to what are people attributing the rise in crime of the '90s? and nowhere on the top ten list did anybody factor in the change brought on by roe versus wade. that was the whole starting point for he and for donahue. look, it's no less provocative today than it was 20 years ago. that's for sure. but i find it fascinating and well researched. i want to remind you, go to smerconish.com and answer this week's survey question, is the u.s. sharing of military intelligence with ukraine worth the risk of further inflaming putin? register for the newsletter while you're there. up ahead, the assailant who tackled dave chappelle as he walked off stage at the hollywood ball had a knife in his backpack but the los angeles county d.a. did not charge him with a felony. facing recall efforts. ron brownstein is here to discuss why. meanwhile, another hollywood icon johnny depp trying to disprove his ex-wife amber heard's accusation of abuse all in front of front room cameras. why would he want to air d dirt laundry in this forum? 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this week dave chappelle was leaving the stage at the holly we'll ball when a man leapt on stage and tackled the comedian. later found to have a knife that looked like a handgun. although the man isaiah lee was arrested for felony assault, the district attorney announced his office would not pursue felony charges. a spokesperson told cnn after reviewing the evidence prosecutors determined that while the criminal conduct occurred, the evidence as presented did not constitute felony conduct. gascon and his counterpart find their jobs in jeopardy during their first terms over accusations they've been too soft on crime. both won office after promising to confront structural racial inequities, reduce incourse ration and toughen accountability for law enforcement, but now bouden faces june 7 recall election and opponents of gascon are well on their ways of collecting hundreds of thousands of signatures they need by july 6th to prompt a recall election. ron brownstein my guest writes in the atlantic, successes of the approach as. measured by individuals kept out of prison and use the opportunity to stabilize their lives are inherently much less visible than the failures. joining me now to discuss is ron brownstein, senior editor at the atlantic where he wrote this piece "why california wants to recall its most progressive prosecutors." so ron, gascon and buden faced with this impress that they care more about the small minority accused of committing crimes than they do the large majority who want safety. explain. >> yeah. thanks for having me, michael. look, they have, i think, structural problems that they're facing that are inherent in the goal to reform the criminal justice system. as you note, if your policy is to reduce the number of people who are incarcerated, either by not holding them on cash bail before their trial or not seeking sentencing enhancements which lengthened sentences, both men have done, hundreds of people kept out of prison or kept for shorter periods, 95, 96 of them might go back home, stabilize their lives, build a family, help stabilize their community but they become invisible at that point. and the ones that we see are the four or five or seven or eight or how many who take that opportunity and re-offend. there's a structural problem. there's a structural problem also because they have faced entrenched opposition from law enforcement really from day one. i mean, it's extraordinary the role that their own offices have played. in l.a., the deputy district attorney union sued gascon over his policies almost immediately and are openly voted to support the recall. and of course, they are being hurt because crime is going up on many measures in both l.a. and san francisco. but of course it's going up as well in cities where you have hard line prosecutors and hard line kind of policing going on as well. and as your previous segment showed, the causes of crime are really complex. so there are a lot of structural reasons that are kind of inherent in the mission that they have taken on to try to reduce incoursearceration i thi many ways the core of their problem is they have appeared to many voters too flexible, too inflexible, too ideological and more worried about reducing incarceration and confronting the genuine structural inequities in the system than ensuring that everyone in the community feels as safe as possible. and that ultimately is the job. as one political strategist said to me, when you're elected d.a., you are hired to do a job. and if you kind of don't want to do that job to its fullest, that creates problems. >> this is the opposite. this approach it occurs to me is the opposite of broken windows for which we associate rudy giuliani and police in new york city in the late '90s. >> yeah. i really feel this is a broken windows moment in both l.a. and san francisco. and then in many ways the public's concern is more about a sense that order is being lost than it is about crime per se. i think both of these d.a.s are getting spill over from the anxiety in both places about pervasive homelessness that seems out of control with cities in effect seeding control of their public spaces. you know n polling in l.a., there's no question that more people express concern about homelessness than they do about crime. the d.a.'s impact is pretty marginal relative to other players in the system. but when you look at the large encampments that people see in l.a. and the large number of people on the streets in san francisco, it's very difficult for many to go through their day without encountering someone who seems a danger to themselves and to others. and i think that sense of disorder, which as you point out, is above all what elected rudy giuliani mayor in 1993 in a race that i covered the first time, that i think is at the heart of the political nature that both are facing. >> quick final question, buden, do you think he survives? >> there is -- i have not found anyone in san francisco, any political analyst in san francisco who thinks he can survive. gascon is on the bubble mostly whether they can obtain enough signatures. a lot are disqualified in the review. survive or not for gascon, there's a clear message here you can't lose sight of public safety even if you are pursuing reform and confronting discrimination. it's a full job and you have to do the full job. >> we're soon going to find out. ron brownstein, great piece. thank you so much. >> thanks for having me. checking in on your social media, from the world of twitter, what do we have? isn't assault a felony generally, throw in a knife and you have with a deadly weapon, what am i missing? mike, a prosecutor has discretion, i would argue, in a case like this. and if they wanted to charge this guy as a felony, there were any number of ways that they could have done so. it's just sort of emblematic of the mindset of these progressive prosecutors and will be very interesting to see whether buden can hang on and if he doesn't, then maybe gascon will be next and be a lot of others paying attention from the sidelines like krasner in philadelphia. make sure you're answering this week's survey question at smerconish.com is the u.s. sharing of military intelligence with ukraine, is it worth the risk of further inflaming putin? still to come, watching johnny depp's fans rally around him as he and ex-wife amber heard trade abuse accusations in court, i can't help but wonder does this prove the addage that there's truly no such thing as bad publicity? 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, en nature is so kind to me. find more ways to grow with miracle-gro. the eep 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. don't miss our weekend special. save $500 on the sleep number 360 c4 smart bed, queen now only $1,299. lowest price ever! plus, no interest until january 2025. ends monday. from prom dresses to workouts and new adventures you hope the more you give the less they'll miss. but even if your teen was vaccinated against meningitis in the past they may be missing vaccination for meningitis b. although uncommon, up to 1 in 5 survivors of meningitis will have long term consequences. now as you're thinking about all the vaccines your teen might need make sure you ask your doctor if your teen is missing meningitis b vaccination. if you're turning 65 soon or over 65 and planning to retire... now's the time to learn more about an aarp medicare supplement insurance plan from unitedhealthcare and get help protecting yourself from the out-of-pocket costs medicare doesn't pay. because the time to prepare is before you go on medicare. don't wait. get started today. call unitedhealthcare for your free decision guide. cal: our confident forever plan is possible with a cfp® professional. a cfp® professional can help you build a complete financial plan. visit letsmakeaplan.org to find your cfp® professional. ♪ i got a call from some scammer who had the nerve to ask for my medicare number. i was not born yesterday. when someone asked for my medicare number in a text, i knew it was a scam. nice catch. and, your mother knew it wasn't a real email. go, mom! - i don't share my medicare number with strangers. - if you get a call, text or email - strike! - asking for your medicare or personal information, - delete! - shut it down. - nope! learn more at medicare.gov/fraud. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! 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(heartbeats) introducing icy hot pro. ice works fast... to freeze your pain and your doubt. heat makes it last. so you'll never sit this one out. new icy hot pro with 2 max-strength pain relievers. ♪ ♪ ♪ ♪ does the johnny depp/amber heard court battle prove the old addage there's no such thing as bad publicity or women are incredibly tough on other women. a man accused of horrible things seems to be getting most of their support. those are my thoughts watching the loyal johnny depp fans most of them female inside and outside the fairfax, virginia, courtroom where depp's $50 million lawsuit against his ex-wife is being held. i was surprise head wanted to go to court because it opens the airing of all sorts of dirty laundry about his reputation and behavior and lost a similar lawsuit in uk. depp assaulted heard a dozen times including several that put her in fear for her life. the current case stems from a 2018 op-ed that heard published in the washington post headlined, i spoke up against sexual violence and faced our culture's rath. that has to change. heard an actress and aclu ambassador on women's rights had filed for divorce in 2016 and asked for a restraining order, citing abuse. she wrote that after speaking out she lost a movie role and endorsement deal and received death threats. quote, i had the rare vantage point of seeing in realtime how institutions protect men accused of abuse. though she never named depp in the piece, he argues it damaged his career that her allegations led to him being denied a sequel to pirates of the caribbean and denies all claims of abuse and his attorney called her allegations ahoax. heard countersued depp for $100 million. the op-ed is not only true but protected by the first amendment. during depp's testimony he denied physically abusing heard and called her a liar who is trying to ruin his life. >> she threw the large bottle, and it made contact and shattered everywhere. then i looked down and realized that the tip of my finger had been severed. >> but in heard's testimony this week, she recounted episodes of depp drinking, doing drugs and going into jealous rages and hitting her. >> i would feel pain, just the pressure on my pubic bone. and i remember looking at all the broken bottles, broken glass, and i remember just not wanting to move because i didn't know if i was broken. i didn't know if the bottle -- that he had inside me was broken. i couldn't feel it. >> his long-time fan base didn't seem swayed by heard's story or other evidence such as depp's profane text messages and audio recording as "the washington post" reports #justice for johnny depp received nearly 7 billion views across tiktok and regularly trends on twitter by comparison the #justice for amber heard has about 25 million views. heard's testimony picks up on may 16 with closing arguments expected on or about may 27. joining me now is howard bragman a-pr and crisis expert who is chairman of labray media and worked with sharon osborne, nick cannon and others. howard, i went to your website and you have listed your specialties, one of your specialties is dealing with public humiliation. some might think that would apply to johnny depp, but so far it doesn't seem to have impacted his olympicpublic opinion stand. how come? >> you were talking about in the introduction about what would happen conventionally, michael. you were talking about the fact that most people wouldn't go to trial, particularly after they lost. most people wouldn't do it in the first place because you open up everything in these depositions. and we have seen every humiliating text message. we have seen every email. we have heard recounts of every episode in their entire relationship and other things. that's the quote unquote conventional wisdom. but you know what, johnny depp has never been conventional. and he didn't want to play this conventional. and by not being conventional it seems to be working for him. let me make one point really quickly, okay? in many cases your attorney is going to say -- and let's look at amber, i want you to dress very conservatively. we were joking the other day that amber looked like she's wearing the lady brooks brother's collection, right? these kind of school marm outfits and these oxford shirts. johnny is a version of johnny. he has sun glass, eye liners, tight suits, dark shirts. and that authenticity seems to be working for him, michael. in some strange way. but, he knows who he is. and the public likes him. >> if he loses this trial, if she is successful, is he ever going to eat in this town again? >> i kind of think he is in this unusual way. i've seen it many times, somebody gets humiliated. somebody gets sued. somebody goes through something really horrible and instead of ruining their career, it kind of reminds people why we liked him. and you play this game on two levels. one is certainly the court of law. and two, is the court of public opinion. and whatever happens in the court of law johnny certainly seems to be winning in the court of public opinion right now. and i'm not saying disney is going to go and do a movie with johnny and pirates 11, that is certainly not going to happen that a big corporate studio is going to go jump out. but will he get some endorsement deal overseas or a movie overseas or an independent movie? yeah. somebody is going to want to figure out a way to harness all this love for johnny that's out there right now and turn it into dollars. this guy has made -- >> quick final observation, if i may. it's the era of hashtag metoo, in this context it seems to me anecdotally callers to my radio program, women are more circumspect of amber heard than are men. your comment is what? >> you know, it's this crazy world we're living in, women are not responding to heard. johnny got to tell his story first. and he told it well. and women, everybody responded to him. there's a difference when you're a movie star and you already have this fan base. you just have to bring them back. and that brought back men, women and many people who grew up on him. and she's paying the price for that. hopefully for her team, she's going to be able to get some of that back when her story comes out. that's yet to be seen. >> howard, thank you for the analysis. >> thanks a lot, michael. case is a train wreck. i stayed away from it until this week and then like the godfather, i got sucked in on it. what do we have, katherine? from the world of twitter, both narcissists. depp will not benefit from this. no one really cares but it's like watching a netflix hit. you can't stop watching the train wreck it is. kelly ann, no joke. i didn't get to the end of ozark because of this trial. i was like on schedule to finish ozark and then came this trial and i can't take my eyes off of it. still to come, more of your best and worst tweets and facebook comments and we'll give you the final results of the survey question, go right now to smerconish.com, answer the question. is the u.s. sharing of military intelligence with ukraine, is it worth the risk of further inflaming putin? register for the newsletter while you're there. ♪ support yourur immune system with a potent blend of nutrients and emerge your best every day with emergrgen-c check out this vrbo. oh man. ♪ come on. ♪ ♪ ♪ ♪ ♪ ♪ my little family is me, aria, and jade. just the three of us girls. i never thought twice about feeding her kibble. but about two years ago, i realized she was overweight. she was always out of breath. that's when i decided to introduce the farmer's dog to her diet. it's just so fresh that she literally gets bubbles in her mouth. now she's a lot more active she's able to join us on our adventures. and we're all able to do things as a family. ♪ get started at longlivedogs.com 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. ♪ ♪ bonnie boon i'm calling you out. everybody be cool, alright? we've got bonnie right here on a video call. we don't take kindly to video calls. oh, in that case just tap to send a message. we don't take kindly to messages neither. in that case how 'bout a ringcentral phone call. we don't take kindly to no... would you can it eugene! let's just hear her out. ha ha ha, i've been needing a new horse. we've got ourselves a deal. ♪ ♪ ♪ ringcentral ♪ this is not the stallion i was imagining. 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. time now to see how you responded to the survey question at smerconish.com. here it is -- is the u.s. sharing of military intelligence with ukraine worth the risk of further enflaming putin? here are the results. wow, i'm floored by that. i did not see that coming. 23,000 and change have voted, and 94% of you say yes, it's worth it. don't misunderstand what i'm saying. i want to give every advantage to ukraine, but i feel like we've been lulled into a perspective here of we don't have to worry about putin. it's amazing if you think about it, if the reporting is accurate, and i suspect it is, our intel, and we're giving weapons and financial aid, led to up to 12 -- you know, of the generals being taken out and the sinking of that ship and who knows what else. like how far can we push putin? hopefully we can keep pushing him. social media reaction, what do we have? just surprised by the margin of that. smerconish, why are you pushing the russian talking points about proxy wars? charles, i'm pushing reports by highlighting the week that says our intel led to this. what do you want me to do? ignore that story? i'm not going to ignore that story. i'm supportive of what we're doing. i hope i'm making that clear. i'm keeping in mind that this guy is someone you need to be concerned about. and i think we've been lulled into a position that we can do anything with regard to him. that's my view. here's my more important view -- happy mother's day to all moms tomorrow. i'll see you next we'll. -- see you next weekek. allergies don't have to be scary. your body fromying flonase ds overreacting to allergens all season long. psst! psst! flonase algood. ♪("i've been everywhere" by johnny cash) ♪ ♪i've traveled every road in this here land!♪ ♪i've been everywhere, man.♪ ♪i've been everywhere, man.♪ ♪of travel i've had my share, man.♪ ♪i've been everywhere.♪ ♪ this is roundup weed and grass killer with sure shot wand. this stuff works. this stuff works down to the root so weeds don't come back. this stuff works without hurting your back. this stuff works guaranteed, or your money back. this is roundup weed & grass killer with sure shot wand. this stuff works. the unknown is not empty. it's a storm that crashes, and consumes, replacing thought with worry. but one thing can calm uncertainty. an answer. uncovered through exploration, teamwork, and innovation. an answer that leads to even more answers. mayo clinic. you know where to go. hitting the road? 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