Transcripts For CNNW Smerconish 20190112

Week, where the 85yearold justice is still working. I got an idea how to keep her looped in. America is going greenlt at least when it comes to legalizing pot. The author of a new book is here saying advocates are experiencing Serious Mental Health and societal side effects. Plus, listen to this 911 call. One of the patients just had a baby. We v had no ideaed he was pregnant. A 29yearold woman in a vegetative state since 1992 gives birth in a facility. They are forcing every male to give a dna standard. Is it legal . And this moral dilemma. The families of the victims of the los Vegas Massacre are going to receive all the proceeds from the killers estate. But, should his huge cache of weapons be sold, returning them into circulation or be destroyed . Even though it means less compensation for the families . But first, recovering from cancer surgery Justice Ruth Bader ginsberg missed oral arguments and will miss them next week. The white house Legal Counsel is looking into next steps if something happens to her. The white house says there are no preparations for anything other than Justice Ginsbergs return to the bench. She was at home recovering from two surgeries to remove two nodules from her left lung. The surgery on track with no evidence of remaining disease. Thats great news. But i want to call attention to something else. The way in which she is keeping up with the court proceedings. Chief Justice John Roberts notd ginsbergs absence for oral arguments and says while ginsberg is unable to be present, she will, this is the key part, quote, participate in the decisions using transcripts of the arguments and court briefs. Roberts didnt make reference to the audio recordings made of Supreme Court proceedings. Heres what it brought to my mind. Earlier this week, kevin spacey was arraigned in nantucket and we all watched. Why . Because there were cameras in the courtroom. The ginsberg situation is a great example as to why there should be cameras in the Supreme Court of the United States. You have a right, assuming you stand in line and get in to go sit and watch the proceedings of the Supreme Court. Why shouldnt we all be able to watch without having to go there. Why shouldnt Justice Ginsberg will able to watch the arguments given her own absence. You know who would agree we me . Justice ginsberg, herself. This exchange with senator orrin hatch in july of 1993. Are you for or against tv coverage of the court . I dont see any problem with having proceedings televised. I think it would be good for the public. Interesting, right . She was right then. The argument is Even Stronger today, 25 years later. There should be cameras. There should be televiseing of what goes on in the Supreme Court of the United States. Jeffrey rossen is writing a book conversations with rbg based on talks with the justice. Hes known her so long she officiated his wedding. He is president of the Constitution Center and a professor at george walk law school. I want to ask a hypothetical question, jeffrey. We all wish her good speed. But whats the process when you have a Supreme Court justice in firm and does not retire. Is there any solution to that . The process is that she or he has to be persuaded to step down, Justice Oliver Wendell Holmes was in his 90s. He refused to step down. His colleagues visited him. He wept. No, there is no process just as William Odouglas was in a wheelchair, happily, Justice Ginsberg has all of her facul faculti faculties. She is fully on track to recover and will be on the bench in february. Generally the justice refuses to retire. Its up to them and their colleagues. God forbid, does she strike you knowing her as you do, as the type to hang onto the bitter end because donald trump surely would nominate somebody who doesnt have the same judicial philosophy . She has said i will do this great job as long as i am able and she is absolutely able in every possible respect at the moment. She certainly will want to hang on until after the trump presidency. Shes made no secret of her views there clear. But i think happily that she is going to be in good shape for a long time to come. I notice that even some voices on the right are taking a look at the political dynamics surrounding this administration and saying, hmm, maybe clampbs thomas should lead southeastern than later so as to ensure the first term of the trump administration, its donald trump that gets to appoint his successor. Yes. The likely possibly for the next seat, is, indeed, justice troms. He signaled he might like to retire. He likes to drive around the country on an rv and meet real people. I think he may have done his stint. No, that would be an extraordinary opportunity. That would mean three Supreme Court justices nearing records. Sfrom nixon had four. My hero, william taft had six. Three in a first term would be quite a lot. That would be an opportunity to put a young conservative on the court again for decades to come and it would solidify President Trumps central legacy. The most important thing President Trump will do is the appointments to the Supreme Court in the lower federal courts. Women, to your last point, jeffrey, there is so much attention placed on the Supreme Court of the United States, often out of the limelight is the repopulating of the federal bench, the District Court and Circuit Court level. Thats fully under way and this president is leaving his thumbprint there. There its so important and especially as the Supreme Court under chief Justice John Roberts may be inclined to duck controversial questions, ba us the chief is trying to create bipartisan anonymity. That leaves hugely important questions ranging from new travel ban questions to the Affordable Care act. Possibly to the president s use of Emergency Powers could be resolved not at the Supreme Court, in a lower court. Thats why those appointments are essential for americans to Pay Attention to. Finally, am i nay niave in thinking we may at some point in the future get cameras in the Supreme Court of the United States . I love you have done that from the confirmation hearings. The younger justices are for you. Justice scalia would say the problem is people look at it out of context. If you watch it from beginning to end, otherwise, hes not for it. Justice ginsberg reading the transcript is something they do anyway and americans, cnn viewers can read them, too. Get them right after the Supreme Court arguments. Theyre online, a constitutional feast and a great way of education yourself about the Supreme Court. A constitutional feast says the ceo of the national Constitution Center. Jeffrey, thank you as always. Thank you. A reminder tonight, cnn airing the documentary program rbg. You want to watch that what are your thoughts . Tweet me or go to my facebook page. Ill read some during the course of this program. Smerconish she better live forever, says mipdy zees. When the candidate replacement was kavanaugh. Understanding how kennedy had been he who tethered the center, it didnt dramatic ally impact the Supreme Court of the United States. I dont want this to be in bad taste. I hope she lives to be 150 and the last voice she hears is mine. In the event the president may have a replacement for Ruth Bader Ginsberg, that would be a monumental shift in the court thinking. Won more if ive got time. Smerconish, food for thought. Paul, i think we have a constitutional right to see whats going on. I think transparency demands it. And i was struck watching kevin spacey in nantucket and thinking to myself, why can i see his arraignment and i cant watch Supreme Court argument . Why cant Ruth Bader Ginsberg at home recovering watch the Supreme Court argument . There is a disconnect that still has to be fixed a devastating times headline for the president. The fbi suspecting him of being in cahoot with the russians. But whats new here . America looks like its going green, at least when it comes to marijuana. Are advocates ignoring societal side effects like an increase in violent crime. The author of a new Controversial Book says yes. Hes here. This leads to this survey question at my site smerconish. Com. I want to know, do you believe that marijuana is dangerous to the brain and can ultimately cause violence . Go vote. And it reall y shows. With all that usaa offers why go with anybody else . We know their rates are good, we know that theyre always going to take care of us. It was an instant savings and i should have changed a long time ago. It was funny because when we would call another insurance company, hey would say oh we cant beat usaa were the webber family. Were the tenneys were the hayles, and were usaa members for life. Get your usaa Auto Insurance quote today. From capital one. Nd i switched to the spark cash card i earn unlimited 2 cash back on everything i buy. And last year, i earned 36,000 in cash back. Which i used to offer Health Insurance to my employees. Whats in your wallet . The cold and flu fightings. Machine. You put in your machine. Press the button to brew up powerful relief. To defeat your toughest cold and flu symptoms fast. New theraflu powerpods. Press. Sip. Relief. woman too late for lunch. O minutes. Starkist saves the day. Sweet and spicy tuna in a pouch smart choice, charlie. charlie no drain, no pain. Just tear, eat. And go try all of my tuna, salmon and chicken pouches. A book that youre ready to share with the world . Get published now, call for your free publisher kit today america seems on the verge of accepting Legal Marijuana as a nation, not only medicinal but recreation as well. Its about the drug. Thats the thesis of a brandnew book tell your children. The truth about marijuana, Mental Illness and violence by former New York Times reporter. He claims extensive teenage use of todays much more powerful is leading to psychosis and violence. He joins me along with democrat. Nathan, the board president of doctors for cannabis regulation. A psychiatrist specializing in psychotic disorders. For those who have not yet read the book. I have. Whats the goal . Are you all about zero tolerance or building awareness . Oh, no, there is no way we will put 40 Million People in jail or prison for marijuana. We need people that know the risk here and we need to come one a scheme for regulation and probably decriminalization. I dont favor fully criminalization, decriminalization where users get the information they need. They will get help if they need help. Most of all, they need to know about this risk most of the medical claims around it are not proven and not supported by much Scientific Evidence. It is a potent drug, it is linked to psychosis, thats what i want. Thats where i wrote the book. The idea that it leads to violence seems so counterintuitive. Do you fought buy into the stoner stereotype . Obviously. There are plenty of people who can use marijuana and not become violent. But psychosis is a known risk for violence and cannabis use is a known risk for psychosis. And you know, its funny, with alcohol we have people out there who drink a lot. Some of them get violent. Some sit home on their couches and drink scotch until they fall asleep. Both are true. The every day suggests the hard Scientific Evidence suggests both are true. Weve sort of forgotten that. One more question for you. Then ill let dr. Nathan respond. Relative to Mental Illness is that spot causes Mental Illness or exacerbates folks who are already afflicted. So it can certainly cause temporary psychotic episodes, paranoia, i think the evidence is quite strong and the National Academy of medicine report from 2017 said cannabis use raises the risk of developing schizophrenia the higher the use the higher the risk. That to me is very clear language. There are people on the advocacy side. Dr. Nathan may be one of them who say that hasnt been proven yet. I think it has been proven enough, it is something we need to warn people about. Dr. Nathan, will you respond first to the argument relative to violence, then to the argument pertaining to Mental Health . Sure. Its pretty clear that what alex is saying is simply not supported by science. There is not the correlation between cannabis and violence. In fact, some studies show the opposite. Can you find studies that show there is some linkage . Yes. You can also find studies that show no effect and recently there was a study showing the rates of violence among couples, Domestic Violence has decreased among cannabis using couples. And on the issue of Mental Health. What connection, if any, do you believe between smoke smoking pot and psychosis or schizophrenia . The report that had advocates have been suppression or denying whats going on with cannabis and its effect on Mental Health is untrue. First of all, i wrote an article in 2013 about the possible relationship between the triggering of psychosis and the exs a basis among cannabis users that are pre disposed to psychosis and perhaps they should have read that. In your book, you are saying not only is this not true, we are riding this fact. The bottom loon is that we know the arrow goes in the opposite direction. The people pre disposed will self medicate with cannabis. Thats true with people with psychosis. As far as educating the public about the real risks of psychosis, i agree its important to act knowledge the degree to which people pre supposed are not using it recreationally certainly not outside a doctors supervision. I will say this book you have written is really one sided and as you say if your opening chapter that it is not intended. The service to the public feeds to know the real risks and Health Effects of cannabis are and this thing side steps the question of the social justice costs of the prohibition, itself. Alex, go ahead. So you will note he didnt say cannabis causes psychosis. A temporary psychosis. He knows, he is a physician, a psychiatrist. He knows the truth about this he said that he has discussed this openly and thats great. Im flood to hear that. As for the violence issues, there are, i have more than a dozen studies in the book with rate ratios, meaning that show an actual increase in violence in cannabis users. There is devastating fatalities and child near fatalities showing people from multiple states who have, who are involved in the death or the near death of a child in their care or using cannabis at the time. There is a lot of data here that has been piling up sort of quietly for the past five or ten years. Advocates will need to grapple with this. This is real. It does not mean millions of people will be put in jail for condition bus use this drug is not drug free. Its not the panacea, its sold at. The community and for profit dispensary and grower community. Thank you. Its a great conversation and i feel its just getting started. I appreciate you both being here. Thank you. I want to know what you think. Go to my website smerconish. Com. Whats your view . Do you believe marine is dangerous to the brain and can ultimately cause violent . The new york front page has a devastating headline. Is the president working for the russians . My question is, might this affect next weeks confirmation hearings of his attorney general pick . Plus the los vegas shooters estate is being liquidated to benefit his victims families, including around 63,000 in guns. Should they be sold or destroyed . I hear you, sister. Stress can affect our minds. I call this dish, stress. Stress can also affect our bodies. So, im partnering with cigna to remind you that your emotional and physical health are more connected than you think. Go in for your annual checkup. And be open with your doctor about anything you feel. Physically, and emotionally. Body and mind. Cigna. Together, all the way. Thats better. Hey, batter, batter, [ crowd cheers ] like everyone, i lead a busy life. But i know the importance of having time to do what you love. At comcast we know our customers time is valuable. Thats why we have 2hour appointment windows, including nights and weekends. So you can do more of what you love. My name is tito, and im a techhouse manager at comcast. Were working to make things simple, easy and awesome. The lead story in todays new york sometimes, after the president fired james comey, this spurred the fbi to start an investigation trump was working on behalf of russia. Sarah Huckaby Sanders said this is absurd, james comey was fired because he was a disgraced party hack and Andrew Mccabe is a known liar fired by the fbi, unlike president obama who let russia and foreign adversaries push him around. Mr. Trump has been tough of russia. Joining me to discuss the former program prosecutor, when i first read the story at 4 30 this morning, i thought this was devastating. By the first time i haed read it. Heres the lead. In the days after President Trump fired james b. Comey as fbi director, Law Enforcement officials became so concerned, they began investigating whether he had been working on behalf of russia according to former Law Enforcement officials and others familiar with the investigation. Who are these law enforce. Officials . At what level are they operating . Who gave them the approval to do so in because this is the president of the United States, with what conclusion . Et cetera, et cetera, et cetera. Am i wrong to be suspicious of the story than it did content . There absolutely are a lot of questions, as i went through it, i had many, many questions as well. I think one thing thats important at the outset is there are usually two sides, there is the criminal side. You see on the tv, fbi, freeze, are you under arrest. Thats the id i work with primarily. But there also is an intelligent side. I remember Robert Mueller, when he was director, came to speak to us. He explained to us when 9 11 happened, the fbi shifted resources to the cyber security, national security, counter intel. He said that would be the way the fbi is moving forward. Now its about 5050. Understand the fbi has these sort of dual functions. The first question to my mind is what was the factual basis . The New York Times article talks about a lot of things we all know, the president s is thatiment to lester holt, of having fired him because of russia and kislyak in the oval office. By biggest question, is was there more underlying that decision . Well, was it also just a few agents in an informal way took it upon themselves to make inquiry of some type or was in a formal process . He was the president of the United States. You know, you know better than i, when you are investigating an elected official, anybody, there is a whole process thats got to be kind off at the highest level. I thought where it came up the most short for me, heres someone who took ownership of president donald trump. I think you are right, whether on the intel and the president , that would have to go up to the top of the fbi. The article does not answer that question and of course thats one of the other sort of Million Dollar questions that remains out there. Okay. As youve pointed out, its the firing of comey, the lester holt interview that supposedly gave rise to this investigation. Lets move forward this coming week, bill barrs confirmation hearings begins in the judiciary of the United States senate. How will that relate to what we are discussing . The question needs to question william barr about his views of Robert Muellers investigation. William barr has gone on record as a private citizen, really pretty strongly attacking Robert Mueller and that investigation. You recall william barr sent this letter in 2018 unsolicited, he says its overzealous, unlawful, in a prior interview, william baar went so far as to tell the hill that he found muellers obstruction theory assenine, thats the quote. Barrs theory is he is the president , hes the exec executive branch. Heres a quote that barr says, he said, the president , if he placed his thumb on the scale in favor of flynn, that was plainly in his discretion. There is no legal prohibition against a president acting on a matter in which he has a a person epersonal stake. Those will his own words, interrogating barr next week. I would say, do you stand by that, by your own logic does that mean if Robert Mueller gets too close to the president or to anybody you want to protect, the president is clear to shut it down . Let me try and put the two stories together. The New York Times says that certain folks unidentified in the fbi were so alarmed they began investigating the president. Meanwhile, william barr says the president had an unfettered continues institutional right to get rid of james comey. That is not a legitimate reason for mueller to be investigating trump . Absolutely. The attorney general will be making crucial decisions in the months ahead about what ultimately becomes of muellers investigation. The mueller report. The big full crum for that. The turning point will be the attorney general. Robert mueller has to provide that report to the attorney general. The attorney general thens that hom major decisions to make. Do i provide it to congress . Do we make it public . Do we take out certain pieces of it. If your view of the attorney general is the president can do whatever he wants, because hes the president and hes above the law. I think thats an enormous problem and an enormous issue. I think senators on both sides of the aisle need to dig into it at next weeks hearing. Thank you so much. Lets check in on your tweets and facebook comments. What do we have from facebook media . You soumpbd like a trumper. Sound like a trumper. I knew, i get a sneak peek. Check the tape. I said an hour, 90 minutes before coming on air. When i offer my thought on this story, i know i will be deluged saying you are carrying his water again. No i read the story three times and i asked myself. Wheres the beef . If you put it out there. The president of the United States was investigated by the fbi as a cool of the russians, you got to give me something. Who signed off on that . Who conducted that investigation . How many people were on the loop on it . I wont sit here silently, if i have that observation. One more, if i got time for it. I knew there would be that reaction. I knew it. Trump fires deep state comey, crooks and his friends open an investigation of the president of the United States. That is the real story. Trump should have been fired. All the top people. Listen. This thing is soon to come to a conclusion. I cant help wonder if ail of the border attention and the Government Shutdown is with an eye toward taking our focus off the conclusion of the mueller pro probe . Because it has to be in it. There is no scenario i see is a good outcome for the president. There might not be a colorful case established for conspiracy, collusion, or obstruction of justice. There is no way it will be a good read at the white house. Would we have this government . Ill flat out say it. Would we have this Government Shutdown, would we have this debate over the border . But for the seemingly imminent release of the mueller report, i wonder. I want to remind you, answer the survey question today at smerconish. Com. Tremendous interest in this. Do you believe marijuana is dangerous to the brain and can ultimately cause violence. Still to come, an arizona woman in a comma those state for decades living in an assisted care facility gave birth. Now detectives are collecting dna from all employees. Is this Good Police Work or a violation of civil rights . Just lets suffice it to say, dna would be one of our key tools in this investigation. He says its personal this time. If youre a mom, you call at the worst possible time. Its what you do. If you want to save fifteen percent or more on car insurance, you switch to geico. Its what you do. Where are you . Its very loud there. Are you taking a zumba class . A horrifying story from phoenix that took place at the Hacienda Health care facility. A 29yearold woman in a vegetative state insurance 1992 reportedly from a near drowning incident gave birth to a baby boy. Here is the audio from the distressed facility employee who says none of them knew the bomb had been pregnant. She and the baby boy in medical distress both survived the december 29th birth but remain hospitalized. Obviously the woman of a san carlos apache tribe lacks the ability to couldnnsent. Investigators obtained court orders. In the world of dna collection, there are some privacy concerns here. How wide a net can investigators cast . Family, Community Members . What happens to all the dna samples ruled not to be relevant . Joining me now is natalie ram, assistant law professor of bioethics. Professor, i think i had this in law school as a hypothetical. What if its a town of 50 people or 500 or 5,000 people . At what point do the privacy rights of those you are forcing to give dna outweigh the ability to solve this crime . Reporter so what the police are doing in this case amounts to a dna dragnet. This isnt the First Time Police have undertaken an effort to collect dna from as wide a swath of people that might fit the general description. But the samples, if theyre voluntarily given, thats generally deemed to be within the bound of the fourth amendment, right . We might have serious questions about voluntariness, where there is a court order compelling dna in the background. We might have questions about what the basis is for that court order. In this case, it sounds like police dont have a suspect at all. Which means there is an individualized suspicion about any single person. Lets take a look at what the phoenix pd has had to say on this issue. Rom it. A search warrant is based on a probable cause to obtain evidence, such as reports, medical reports. Things protected under hippa. When we do a buckle swab, thats based upon reasonable cause. Thats a court order. Again, its going down the same question thats been asked and im stepping away from it because of the fact that i dont want to mislead you as far as where we are going with dna evidence. Keep in mind, we still have a wide scope of our investigation. Professor, doesnt probable cause diminish the larger the pool that you are looking at . Reporter yes, so probable cause is typically required to include individualized suspicions, suspicion particular to particular individual who believe they were involved in a particular crime. Here it sound like the police dont have particularized suspicion about any individual any specific individual and nothing thats cause for concern. The detective referred to reasonable suspicion. But there isnt a lot of law on the books or any really that im aware of that suggest that reasonable suspicion alone is sufficient to compel a dna sample. The Supreme Court has told us that probable cause is sufficient. Which here i dont think we have anything that approaches probably cause. And your mere refusal to consent to a voluntary sample shouldnt be a part of the analysis of whether there is probably cause to compel a sample. You know what i brought this up on radio, some people said, dont you want them to some the crime . I said, yeah, i want them to protect the privacy rights of everybody and i dropped the ben franklin bomb on that caller. Put that up on the screen. Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty or safety. You get the final word, professor. Reporter i think what we should keep in mind is dna is being collected from an awful lot of people that did not commit this crime. We should have concerns of innocent people in this investigation moving forward. Thank you so much for being here. Thank you. Still to come, should the guns of the los vegas shooter be sold to benefit the victims families . Returning them into circulation or be destroyed . Sacrificing the proceeds. Here we go discover. Hi. I like your card. I love all the cashback and security features, but im not going to pay an annual fee. Im just not going to do it okay. Okay . Discover has no annual fee on any of our cards. So it wasnt my tough guy act . 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It was funny because when we would call another insurance company, hey would say oh we cant beat usaa were the webber family. Were the tenneys were the hayles, and were usaa members for life. Get your usaa Auto Insurance quote today. Innocent people in this sacrificing the proceeds. Prestige creams not living up to the hype . One jar shatters the competition. Olay regenerist hydrates skin better than creams costing over 100, 200, and even 400. Fact check this ad in good housekeeping. Olay. Question, what should happen to the guns owned by the shooter in the october, 2017, los Vegas Massacre . Its a real life moral issue. Will you remember that on october 1st, 2017, a gunman opened fire from the 22nd floor of the Mandalay Bay Hotel killing 58 and injuring over 400. The shooters 1. 4 million estate is being liquidated with the proceeds given to the families that he killed. He fired off more than 1,100 rounds before killing himself. But selling his huge arsenal in all worth trevise. Guns that killed these 90s are back in circulation, potentially to shoot again, or maybe become part of a collection of somebody with an interest in it. If theyre destroyed, it takes money from victim families. Joining me, alice denton, the lawyer for the special Administrator Appointed by a state judge to determine the value of the estate. Alice, he died without a will, his mother inherits his estate under state law. She assigned her rights. Now youve got this solomonesque task of deciding what to do with the weapons . What are your choices . Under the law, the special administrator has the responsibility of liquidating the assets of the estate for the benefit of the creditors and heir of the estate. She assigned her right to inherit to the 58 victims who died in the massacre. The question becomes if we liqu liquidate the guns and sell the guns which is required as part of the special administrators duty, we will be perpetuating the violence that actually caused the death of those individuals who will be receiving the guns. In the new york article, the quandary has been put before the country. Do we perpetuate the violence by putting these guns back into the hands of unknown people who could use them to hurt and maim other people or do we destroy them. When i read that story, youre referring to that, and i interviewed him on radio, immediately a light bulb went off in my head which said theres a third way, a go fund me campaign where those of us that want to make a donation make a donation. When it gets to 63,000, that money buys the guns so the victims get what should come to them, and then destroy the weapons. Might that happen . Under nevada law if you sell the guns, you have to go through a specific procedure where you notice the sale up and the bids are then put on the guns. Under this procedure there would be an actual sale of the guns which would mean the go fund me account might not work. Since the publication of the New York Times article, i have received several offers from donors who have come forth and who are willing to donate to the estate the 62,500, which is the appraised value of the guns with the stipulation that i obtain a court order directing that the guns be destroyed and that a certificate or evidence the guns have been destroyed be provided to them. Go ahead. No, im out of time. Will that happen . If somebody writes that check, will you destroy the weapons, pending Court Approval . If i receive the check, which i do believe will be received in the upcoming days, it will be deposited into the Attorneys Trust account. Then i will petition the court and ask the court for permission to conclude this agreement whereby i would hold the money until the guns have been actually destroyed so that the donors requests are met and the social value of telling the world that we will not sell guns at any price will be set forth to the world and the las vegas community. Alice denton, aka solomon, thank you for being here. Thank you. Still to come, your best and worst tweets and facebook comments. And have you voted at smerconish. Com on the survey question . Do you believe marijuana is dangerous to the brain and can ultimately cause violence . Oking teeth are white. Dentin, which is that second layer of the tooth is yellow. Consumption of very acidic foods can wear away your enamel. Once they start wearing down, your tooth is going to look yellower, more dull. I recommend pronamel toothpaste because it helps protect and strengthen your enamel. 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