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The Story Is with Elex Michaelson
McConaughey Warns AI Could Be Nominated For Awards; Trump Signs 10% Global Tariff After Supreme Court Ruling; Business Leaders Grapple With Impacts Of Tariff Ruling; Iran Lays Out Vision Of Nuclear Deal Amid Military Pressure; Epstein Estate Agrees To Pay $35M In Survivor Class Action Suit; Ex-Prince Andrew Released Under Investigation After Arrest; Trump To Deliver State Of The Union On Tuesday; Immigration Agents Using Once-Obscure Law To Detain U.S. Citizens; Aired 12-1a ET
Aired February 21, 2026 - 00:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
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ELEX MICHAELSON, CNN HOST: -- this is a thing. And probably, unfortunately, not only AI actors, but AI news anchors.
LAURA COATES, CNN HOST: Well, how do I know you're real, Elex? Because that the way you just opened that up, I don't know you might be too good to be true. You know what? Let's prove it. Have a good show.
MICHAELSON: Have a great weekend, Laura. Great show tonight. "The Story Is" starts right now.
UNIDENTIFIED MALE: "The Story Is" tariffs.
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DONALD TRUMP, U.S. PRESIDENT: And so I said, well, what happens to all the money that we took in? It wasn't discussed.
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MICHAELSON: The President lashing out at the Supreme Court after they ruled some of his tariffs are illegal. I'll speak to the head of the U.S.'s largest port about what this means for them and for you.
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UNIDENTIFIED MALE: She's impeding --
UNIDENTIFIED FEMALE: She's not impeding. It's not impeding. It's observing.
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MICHAELSON: "The Story Is" impeding or observing. A CNN investigation into a law I.C.E. is using to arrest protesters and sometimes bystanders, leaving no record behind.
"The Story Is" soccer stars. The MLS season kicks off with a Messi versus Son Heung showdown. The broadcaster for that game is here live. UNIDENTIFIED MALE: Live from Los Angeles, "The Story Is" with Elex Michelson.
MICHAELSON: Welcome to "The Story Is." I'm Elex Michelson, President Trump is opting for plan B and finding other ways to impose tariffs after the Supreme Court ruled his use of emergency powers is unconstitutional. He is now slapping a new 10% tariff on all countries under a trade law known as Section 122. But these tariffs can only be in place for 150 days unless Congress extends them. The President lashing out at the justices who ruled against his tariffs, calling them a disgrace to our nation.
Amy Coney Barrett, Neil Gorsuch both appointed by Trump, joined with Chief Justice John Roberts and the three liberal justices in the 6-3 ruling. The decision is a massive blow to President Trump's foreign policy and economic agenda.
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DONALD TRUMP, U.S. PRESIDENT: The Supreme Court's ruling on tariffs is deeply disappointing, And I'm ashamed of certain members of the court, absolutely ashamed for not having the courage to do what's right for our country. They also are a, frankly, disgrace to our nation those justices. They're just being fools and lapdogs for the rhinos and the radical left democrats. They're very unpatriotic and disloyal to our constitution.
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MICHAELSON: Now that ruling boosted stocks on Friday, but rising gold prices signal that traders are also weighing potential uncertainty over future tariffs. Court's decision applies mainly to what the Trump administration calls reciprocal tariffs. Those were announced with great fanfare last April and impacted nearly every country in the world. The President has used laws on national security to slap duties on goods like steel, aluminum, cars, and kitchen cabinets. Those remain in effect. So to tariffs on countries like China that were investigated and found to engage in unfair trade. Supreme Court did not explain what would happen to the billions of dollars that has already been collected through Trump's reciprocal tariffs.
California Governor Gavin Newsom believes the administration should immediately issue refund checks with interest. He says, "Donald Trump has been illegally taxing your groceries, furniture, and cars for over a year." CNN's Matt Egan takes a closer look at how the ruling may impact you.
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MATT EGAN, CNN SENIOR REPORTER: Well, we've already seen price hikes on a range of goods that are exposed to tariffs. 4% increase over the past year on furniture and bedding, 6% tools and hardware, double- digit increases for a variety of other items including audio equipment and for coffee. The other thing to note here though is that even if courts require the federal government to refund tariffs, that's not likely to be shared with all of us consumers. Stephanie Roth over at Wolfe Research, she told me companies are highly unlikely to start trimming their prices as a result.
She said Walmart's not going to give you a check for the 15% tariff on sneakers that you bought from them four months ago. So, look, bottom line, yes. Tariffs are unpopular, yes. People are frustrated with prices, but unfortunately, this is unlikely to be a game changer when it comes to prices.
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MICHAELSON: Joining me now from New York is Gene Seroka, the Executive Director of the Port of LA. The busiest port in the country. Gene, welcome to "The Story Is" for the first time.
GENE SEROKA, EXECUTIVE DIRECTOR, PORT OF LOS ANGELES: Great to see you, Elex. Thank you.
MICHAELSON: So the Port of LA and Long Beach combined 40% of all the stuff that comes into America goes through those ports. It's a big deal for the entire country's economy. How does this decision when it comes to tariffs impact your business?
SEROKA: Well, it adds to the uncertainty that's been pretty common now over the past year with so many announcements on trade policy and tariffs. Now new questions have popped up.
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One is do we get a refund? Is there a process for that? Unknown still. Second is how will the new tariffs impact my company and what decisions should I be making? And then thirdly, once I kind of figure out if there are impacts financially or I come out maybe a little bit better, do I start zipping the cargo through the supply chain to the ports, so I can get in before the next announcement on trade and tariffs happens? And then with all of that, what does it mean for my customers or the consumer? And do I pass these costs on once again?
MICHAELSON: Have you seen a change in terms of business so far today in terms of orders or activity at the port?
SEROKA: Not really and for a couple reasons. It's not so much of a transactional business, but the folks on the ground are really running fast trying to do these evaluations to a tee and make some decisions upcoming. Second, it's the middle of the Lunar New Year holiday in Asia. So there's not much happening right now. Most of the factories are closed down for about a week.
Family and friends have gathered. Folks have gone back to their hometowns, but there is communication happening. And if there's extra product to be brought in, we'll likely see that after the return from the holiday, which is traditionally our slower season. So it may just add a little more cargo unexpectedly, but nothing that's going to really impact the ports. We'll be able to move the product pretty quickly.
MICHAELSON: So let's get to the question that people really care about. The average person who's looking to buy stuff, what does this mean for them? Is their stuff going to get cheaper or is their stuff going to get more expensive?
SEROKA: Probably little change. But if we continue down this path, the tariffs that were announced today, the Section 122 of the Trade Act are only temporary. By law, they're allowed to be in place for 150 days. So that means yet another wave of decisions and investigations could take place and likely additional tariffs go in that may be even higher.
Now we've seen over the past year, Elex, that realistically coffee and bananas are up 10% compared to where they were 12 months ago. Same with footwear and furniture. So these additional taxes on American imports lead to higher prices for you and me.
MICHAELSON: You mentioned China and the Lunar New Year and what's going on there. Obviously, China is so important as a trading partner, so important for the port. What's going on with the U.S. China trade relationship right now? What are you seeing on the ground?
SEROKA: This is another interesting point. Back in 2018, when the tariffs first went into place, 60% of our business at the Port of Los Angeles was with China. Today, it's 40% and dropping. American importers are looking to other countries with either lower tariffs or less friction politically, like Vietnam, Indonesia, Malaysia. Yet they're pricing right to the edge of what China costs plus tariffs, so you're not getting much of a discount. And the China folks are investing in factories along those countries and others, so they're staying in the game. This is a really intriguing time for international trade.
MICHAELSON: It really is, and it is really interesting to spend time at the port. I look forward to seeing you there again soon. But for this evening, it is great to see you in New York City. Gene Seroka, thank you so much for the insight on a very long day for you. We appreciate it.
SEROKA: Thank you, Elex.
MICHAELSON: President Trump is set to visit China, speaking of China, at the end of next month for a High-Stakes meeting with Chinese President Xi Jinping. The visit will be complicated by the Supreme Court ruling striking down the tariffs. When negotiating over a potential trade deal, the President has used tariffs as his main leverage over China. The tariffs on China went beyond efforts to reduce the U.S. trade deficit. They also slapped duties to pressure Beijing to reduce shipments of chemicals used to produce fentanyl. That visit, which is going to be something, scheduled for March 31st to April 2nd.
Iran is laying out its vision of a nuclear deal with the U.S. just as more American military assets are moving in for possible strikes on Iran. USS Gerald Ford, the world's largest aircraft carrier, is set to join the USS Abraham Lincoln and other vessels already in the region. But Iran's Foreign Minister says there is a win-win solution. He says that would allow Iran to keep a peaceful nuclear program in return for lifting of some sanctions. He also says the U.S. has not demanded a halt to nuclear enrichment, which President Trump said was his goal. [00:10:00]
President Trump has threatened to strike Iran over its nuclear program even though the two sides are still negotiating. A CNN Analyst went over the list of possible targets.
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COL. CEDRIC LEIGHTON (RET.), CNN MILITARY ANALYST: Each one of these areas is a potential target right here, and, of course, they're really interested in some of their nuclear sites like these right here. Those could be restruck in a situation like this where there's a potential for an attack. You have a lot of oil refineries, some of them in the Southwestern part of Iran like these right here. And then, of course, you have the regime targets, the ones that are listed here in the green. Those can be very important from the standpoint of going after the regime leadership, the police, the military forces, the Islamic Revolutionary Guards. So each of these target sets could be critical in order to potentially decapitate the regime or at least make life very unpleasant for the regime.
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MICHAELSON: Thanks to the always great Cedric Leighton for his analysis there. Meanwhile, the estate of Jeffrey Epstein is agreeing to pay up to $35 million to settle a class action lawsuit brought by survivors of the late sex offender. 2024 complaint alleges that Epstein's former personal lawyer and accountant helped create a complex financial web that let Epstein hide his abuses, while themselves being richly compensated for their work. Both Darren Indyke and Richard Kahn deny having any involvement in Epstein's sexual crimes and say they don't believe anyone was harmed or damaged by their work with the convicted pedophile.
British police will likely continue to search the former home of Andrew Mountbatten-Windsor through the weekend. This comes after the former prince was released from custody on Thursday. He was arrested on suspicion of misconduct in public office. Andrew has denied any wrongdoing. He has not been charged. Once police finish that investigation, the U.K. government could introduce legislation to remove Andrew from the line of royal succession its according to some reports in the U.K. He's currently eighth in line to the throne, so he's likely not getting it anytime soon.
CNN's Max Foster has the latest on the biggest crisis facing the British royal family in decades.
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UNIDENTIFIED FEMALE: Your brother fell.
UNIDENTIFIED FEMALE: You might just see, how you're feeling after your brother's arrest?
MAX FOSTER, CNN CORRESPONDENT: Keep calm and carry on Britain's wartime motto, seemingly what King Charles is going with as his brother Andrew's legal woes unfold. Charles promises full support for the investigation, saying the law must take its course. We're now learning that London police are now contacting former Prince Andrew's personal protection officers. They're also assessing U.S. DOJ documents suggesting that London airports were being used to facilitate human trafficking. But as searches continued at one of Andrew's former properties on Friday, experts warning the investigation into the former prince could be slow.
GRAHAM WETTONE, RETIRED LONDON MET POLICE OFFICER: Looking for offenses relating to any potential misconduct in public office. So documents, emails, electronic messages, those sort of materials, which obviously can these days can be held on like flash drives and USBs. It would be a very slow, and methodical search.
FOSTER: Now released from custody, police haven't said what led to Andrew Mountbatten-Windsor's arrest on suspicion of misconduct in public office, but it came after a tranche of documents relating to convicted sex offender Jeffrey Epstein were made public by the U.S. Department of Justice. Some of the emails released appear to allegedly show Andrew sending confidential U.K. government trade material to the late Epstein. Whilst the appearance of someone's name in the files is not evidence of wrongdoing, Thames Valley Police previously said it was assessing whether Andrew shared confidential material with Epstein during his time as a U.K. trade envoy from 2001 to 2011.
The former prince hasn't responded to the newest allegations, but he has consistently denied any wrongdoing related to Epstein. Even claiming he terminated his friendship with a convicted sex offender back in 2010. Still, the sheer complexity and publicity around the case also why some experts believe it may take some time for police to finish their investigation.
DAL BABU, FORMER CHIEF SUPERINTENDENT, MET POLICE: There's not a great deal of sympathy, but the police have a duty of care to everybody they arrest. They want to make sure that he is receives all the support.
FOSTER: Whilst the authorities go through due process, the U.K. government is now coming under more pressure to act, and that's because Andrew, despite being stripped of his titles, is still eighth in line to the throne. According to a poll released on Friday, 82% of Britons want him removed from the line of succession. So far, the government seems to be keen to see the investigation play out. But with mounting calls from lawmakers and the public, that resolve may be tested in the weeks to come. Max Foster, CNN, London.
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MICHAELSON: Netflix has released a final message from actor Eric Dane to his two young daughters. It is part of the platform's posthumous interview series called Famous Last Words. In it, the Grey's Anatomy and Euphoria star reflects on what he's learned about life since his diagnosis with ALS and what he wants to pass on to his daughters.
(BEGIN VIDEO CLIP) ERIC DANE, AMERICAN ACTOR: Finally, fight with every ounce of your being and with dignity. When you face challenges, health or otherwise, fight. Never give up. Fight until your last breath. This disease is slowly taking my body, but it will never take my spirit. The two of you are different people, but you're both strong and resilient. You inherited resiliency from me. That's my superpower.
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MICHAELSON: The full video is incredible. I highly encourage you to check it out on Netflix YouTube page or X or Instagram or wherever you are on social media. Dane died Thursday at age 53. He revealed his ALS diagnosis last year and advocated for more research funding and easier access to better treatment. He also took his message to the halls of Congress with the non-profit I AM ALS. He partnered with the group on a short documentary chronicling his fight against the disease and his efforts to raise awareness. That documentary is expected to be released later this year. They do incredible work at I AM ALS, and it's worth checking them out if you're more interested in finding helping to find a cure.
Much more news ahead here on "The Story Is," including some much more uplifting news. The Winter Olympics in Milan and Cortina, Italy end on Sunday, but there are still big events. Plenty of medals to be won in the coming hours, including when it comes to hockey. Plus, the new Major League Soccer season kicks off in the coming hours with a marquee matchup here in LA. The game's two biggest stars and one of the biggest broadcasting stars is here to talk about it. Play-by-play announcer for Apple TV, Jake Zivin, live on set next.
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MICHAELSON: Our hockey hero and a veteran figure skater will represent team USA as the 2026 Winter Olympics ends. Hilary Knight and Evan Bates will be flag bearers in the closing ceremony. This year's games, Knight became the all-time leading goal and point scorer in U.S. women's Olympic history. Joseph scored a late equalizer against Canada, which helped her team win the gold medal. Bates had a successful Olympics as well. He won a gold medal in team figure skating and a silver medal in ice dancing.
Second to last day of the Milano Cortina Winter Olympics is just hours away with gold medals awarded in 10 events. Athletes will be vying for the top of the podium in men's and women's speed skating, mass start, men's curling, women's ski half pipe, women's bobsled, and men's team aerials to name a few.
Here's a look at the medal table. Norway leading the pack with 37 total medals, including 17 gold, the most of any country so far. Team USA in second with 29 total medals, including 10 gold and 12 silver. Host country Italy is close behind in third with 27 medals, including the most bronze so far. Meanwhile, here in Los Angeles, Major League Soccer kicks off a new season ahead of the World Cup later this year, which will be staged in cities across North America. The MLS opener on Saturday features a blockbuster matchup. Reigning cup champion, Inter Miami, and superstar Lionel Messi are set to take on LAFC and their star player, South Korea winger Seung Hong Min, right here in LA at the LA Coliseum. The Commissioner of the MLS, Don Garber, says he could see other big names from overseas eventually joining the league. You mentioned Real Madrid superstars Vini Junior and Kylian Mbappe as his top choices to bring their talents to the league one day, maybe.
Joining me here right now in studio is MLS play-by-play announcer for Apple TV, Jake Zivin. Jake, welcome. You're the main guy there. And this is the main event. Talk to us about how unprecedented this opener is.
JAKE ZIVIN, PLAY-BY-PLAY ANNOUNCER FOR MLS ON APPLE TV: Yeah. It really is, right? I mean, this, I think, potentially could be the biggest spectacle that MLS has ever seen to open a season. We're expecting over 70,000 at a historic venue, the LA Memorial Coliseum, and it's two teams that are incredibly successful on the field and have global superstars leading them in Lionel Messi for Inter Miami and Son Heung-Min for LAFC. Not just in America, people will be watching this game from all over the globe. It's a big deal, and it's a great way to start the season.
MICHAELSON: Well, and LAFC usually does not play at the Coliseum.
ZIVIN: They do not no.
MICHAELSON: And they play next door in this great new stadium that's really nice, in part because it's so small, you always get a great seat. The Colosseum is huge. Usually, MLS is not in a place this big.
ZIVIN: No. But, look, Lionel Messi has attracted these crowds. He's played at Arrowhead Stadium. He's filled up Gillette Stadium. They've played in Cleveland at the Brown Stadium. But it's not just Lionel Messi that can attract those crowds. LAFC and the Galaxy here in Los Angeles have shown they can do it. They filled up the Rose Bowl before, and Son Heung-Min himself has just been a massive boost for LAFC. So, yes, usually, LAFC will play 20,000, 25000 people at BMO Stadium, but it'll be packed at the LA Memorial Coliseum tomorrow night. It's the power of Messi. It's the power of Son. And I think it's also just where MLS is and where American soccer is in this moment, now the 31st season of Major League Soccer.
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MICHAELSON: Give us some context in terms of Son, his backstory, and what a big deal he is around the world.
ZIVIN: He is a South Korean super-duper star. I mean, he is an icon in that country. We'll see him in the World Cup this summer leading South Korea in the United States, Mexico, and Canada, a longtime Tottenham star in the English Premier League. And he made the move here to LA to play for LAFC last year. Maybe surprised some people that that he would come, but it's been a smashing success. I mean, he is scoring, assisting, over a goal and a half goal contributions per game. And it's time for LAFC, which is a big, big number for an individual. He led LAFC to the Western Conference semifinals last year, scored an iconic goal. They lost in penalties. They'll want to go much further than that this year, led by Son.
MICHAELSON: And huge ratings in Korea.
ZIVIN: Yeah.
MICHAELSON: Huge rating for you in Korea. He's turned you into a star in Korea.
ZIVIN: Look it's the benefit of MLS on Apple TV now, right? It's available globally anywhere you are in the world.
MICHAELSON: And we've seen Shohei Ohtani do this in baseball, where in Japan they're getting better ratings for the World Series than they are here in America. He's that kind of player in Korea.
ZIVIN: He is.
MICHAELSON: Meanwhile, Messi is one of the most famous people in the world, right?
ZIVIN: In the world. Everywhere.
MICHAELSON: And he's kind of been transformative for MLS.
ZIVIN: He has. And I think it's even surprised me. We've done a lot of his games at how popular and how important he is in this country, in the United States. We saw it when he arrived in the summer of 2023, and he kind of made this tour around the United States. The first time he played against LAFC, was at BMO Stadium. Prince Harry was there. Selena Gomez sitting in the front row. Leonardo DiCaprio, I mean the A list of the A list came to BMO Stadium next to the Coliseum, the smaller one to watch Lionel Messi play LAFC. The impact has been incredible off the field and on the field as well. They are the reigning champs of Major League Soccer. He is the back-to-back MVP of MLS, and he'll try to go three in a row, and Inter Miami will try to go two in a row this season.
MICHAELSON: I mean, and so do you think these are the two best teams or at least start off?
ZIVIN: They're the two favorites, for sure. LAFC in the Western Conference, Inter Miami in the Eastern Conference because of their stars and because of their success. But it's a long season. Soccer's a fickle game, and both teams love to do a lot to reach those expectations.
MICHAELSON: And talk about this as sort of an inflection point for MLS.
ZIVIN: Yeah. MICHAELSON: Because for so many years, it was sort of seen as a lesser league, or a lot of these players would maybe come here when they're retiring or on their way out. Are we in a different moment?
ZIVIN: Still fighting that perception around the globe, but if you watch the game that's not the case. I mean, Lionel Messi, he's 38. He is still playing at an incredibly high level. And maybe some people can doubt that because it's in the United States, it's in America. We'll see at the World Cup this summer in the U.S. When he plays for Argentina against all the best players in the world, I don't think he's going to miss a beat. He's going to look like Lionel Messi, and everybody will realize, oh, man, this guy, he still has it. And, yeah, so the league's in a great -- in a great, great place right now. And Messi coming and Son and these big global stars, don't worry. We're going to have more of those in MLS.
MICHAELSON: And a great preview for that World Cup, which, again, is happening right here in North America, including at SoFi Stadium here in Southern California as well.
ZIVIN: Yep.
MICHAELSON: Jake, thank you. Good luck tomorrow.
ZIVIN: Thank you. Great to see you.
MICHAELSON: Have fun. I can't wait to see you -- listen to your call. Be watching.
ZIVIN: It's going to be a good night.
MICHAELSON: The Supreme Court hands President Trump a major defeat, but he is not backing down. Our political panel breaks down what's next. Plus, a big week next week with the State of the Union. They join me live right after this.
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MICHAELSON: Welcome back to "The Story Is." I'm Elex Michelson. Let's take a look at today's top stories. Another American strike on a suspected drug smuggling boat in the Eastern Pacific Ocean has left three people dead. The U.S. military released an online statement saying the vessel was operated by, "designated terrorist organizations." At least a 138 people have been killed in strikes on boats, which are aimed at curtailing narcotics trafficking.
About a dozen survivors of Jeffrey Epstein will soon be returning to Capitol Hill. They'll be guests of several Democratic lawmakers at President Trump's State of the Union address. Survivors' appearance comes weeks after Attorney General Pam Bondi refused to acknowledge their presence. She testified in a house hearing about the justice department's handling of the Epstein investigation. President Trump says he signed a new 10% global tariff after the Supreme Court struck down his sweeping emergency tariffs. Court agreed 6-3 that his so called reciprocal tariffs violated federal law, but the justices did not say what should happen to the more than a $130 billion in revenue that has already been collected.
Let's talk about that in more with our political panel. Lynn Vavreck is Professor of American Politics at UCLA. Michael Genovese is President of the Global Policy Institute at Loyola Marymount and author of this book Art, Power, and Politics: Political Storytelling in Paintings, Music, and Movies. Welcome both of you. Congrats on the book.
MICHAEL GENOVESE, PRESIDENT, GLOBAL POLICY INSTITUTE, LOYOLA MARYMOUNT UNIVERSITY: Thank you.
MICHAELSON: Mike, let's start with you as the most recent published author, although you've got 150 other books. And this idea of the tariffs. President Trump very upset today in a press conference calling out the justice that he appointed.
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What was your reading on the impact of the tariffs and the politics of it?
GENOVESE: Well, it was a major smackdown against the President, and he should not have been surprised because his people should have told him that on the merits of the argument, they were going to lose. Most people, most lawyers and most people who were examining it thought they didn't have a leg to stand on. And so what the court basically said is you still have a lot of authority in terms of tariffs, but you need to go through Congress. You need to get congressional approval.
And so it was really a victory for constitutionalism and a defeat for Donald Trump. He's going to have a lot of authority. He'll be able to make a lot of movement on tariffs, but he still will be limited by the Congress and what the Congress is willing to give him.
MICHAELSON: How'd you read this?
LYNN VAVRECK, HOFFENBERG PROFESSOR OF AMERICAN POLITICS, UCLA: Well, one of the things that struck me is that this feels unusual. What an odd day where the President is getting like sort of sat down. But if you think historically, the constitution gives presidents very little power. And the struggle to take power wherever they can take it, that's as old as the constitution. And so in a lot of ways, this isn't that different. But George H. W. Bush has one of my favorite lines on this. He said he was a fighter pilot in the navy and when he became President, he said, boy, the glory of being a fighter pilot has really worn off.
Presidents don't have a lot of constitutional power. And so Trump that's why he's taking power all the time. And other presidents have done the same thing. So in a lot of ways, this is just ever so.
MICHAELSON: But other presidents have been stopped more often than Donald Trump has been stopped, especially during this term, right?
VAVRECK: Well, he -- this is sort of how he operates, act. And I think it's what people who like him, they like this about him. Be bold. Do something. Try to solve the problem.
MICHAELSON: Forgiveness, not permission. Not even forgiveness.
VAVRECK: Exactly. Yeah, forgiveness.
MICHAELSON: Yeah, right.
VAVRECK: Just -- always in motion, always doing something. And so today's a great example of that too. We did the tariffs, trying to solve these problems, and, okay, can't do that. We're going to do them in another way. We know we're not going to be able to do it like that forever.
MICHAELSON: Yeah.
VAVRECK: But we're doing something to solve your problems.
MICHAELSON: Well, I think historically, almost every President has been frustrated with the courts at some point. Think about FDR, right, who was trying to do so much, and then his answer potentially was to pack the courts and all of that. But you say Congress now, that the ball maybe is in Congress's court, which is how constitution designed this whole system in the first place. Is there an appetite in Congress to actually do these tariffs?
GENOVESE: Well, there was at one time an appetite in Congress to defend its authority and defend its power. That has dissipated in the last several decades, primarily because instead of a separation of powers, we now have a separation of parties. And when the party in Congress and the President are the same, there's a mutual agreement to support one another. When constitutionally, Madison set up a system of ambition countering ambition. That has been blown out of the water by parties.
And so Congress is probably -- Congress probably would give Donald Trump almost everything he asked for. He hasn't been asking. He's simply been imposing his will. And he's gone way too far. And Congress, even some members of the Republican party now are going, let's back this up a notch or two.
MICHAELSON: How does the tariffs play politically? Lynn, you're the poll queen. You look at the way these things impact people in terms of impacting their real lives.
VAVRECK: Well, the number one thing, and everybody has knows this, feels it, and has heard it a lot, people cannot afford to live their daily lives. So we know that. On top of that are these tariffs that people understand as a tax. Somehow I'm paying for that. So I think people do feel that way. They're not fans of the tariffs. Now, there are a lot of people out there saying give the money back, give the money back. And that's obviously complicated, but I would say, do not count out the possibility that with the midterms coming that Trump is going to say, okay, I'm going to send checks to people. He has done this in the past. Big old signature on the bottom of that check.
MICHAELSON: With a Sharpie.
VAVRECK: With a Sharpie.
MICHAELSON: Donald Trump.
VAVRECK: And right in time for the midterms, look what we've done for you, more money in your pocket. I wouldn't count that out.
MICHAELSON: Joe Biden said that his biggest regret as President politically was not sending stimulus checks with his name on it. And he said the fact that Donald Trump did that was actually a really smart thing. So there is a lot of power. People love to get checks. And let's talk though about the State of the Union, which is coming on Tuesday, Michael. President Trump goes into that. The government partially shut down in terms of the Department of Homeland Security. Seems like nobody really cares. They're not even talking to each other of that. What's the message for Trump on Tuesday?
GENOVESE: He's going to start off by saying the State of the Union is good, but -- and the but will be he'll go on the attack, I am fairly certain, against Democrats. He's got his fighting shoes on because he really was upset this morning. You could tell he was angry. He was lashing out like a spoiled 4-year-old.
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He even went after Republicans. So he might be a little more angry than usual. That is not what you do at a state of the union. That's what they call an epileptic speech, which is a ceremonial speech. You're supposed to cover certain ceremonial bases. Donald Trump doesn't do that. He doesn't play that game. He's Donald Trump.
MICHAELSON: Yeah.
GENOVESE: And so what you're going to see is the Democrats prob -- some Democrats are saying, we're going to boycott. Well, if Donald Trump is playing the 4-year-old child, why are you doing the same? You should rise above it. You should be better than that. But Donald Trump has a way of getting people to play by his rules and play his game, and I think that's might what -- might be what takes the Democrats down at the State of the Union.
MICHAELSON: Yeah. Because traditionally, the State of the Union has been sort of the one night where everybody is in the same room. Whether you voted for the person or not, there has been a respect traditionally for the office of the presidency. That has disappeared in the last few years. There are a lot of Democrats who say we're just not going. One of them is Sarah Jacobs, who was on our show last night from San Diego. Here's what she had to say.
(BEGIN VIDEO CLIP)
SARA JACOBS, U.S. HOUSE DEMOCRAT: I think what's disrespectful to the institution of Congress is the fact that the -- this president and this administration do not abide by congressionally passed laws and statutes, completely have zero care for or respect for the rule of law, literally are, like going against court orders. That's what's disrespectful.
(END VIDEO CLIP)
MICHAELSON: So she's not going. There's a lot of other ones that are not. There's talk about alternative State of the Unions, like we had an alternative halftime show with Kid Rock. I mean, is this bad for democracy?
VAVRECK: Yeah. I don't think it's good, Elex. I -- this is one of the constitutionally mandated things that the President has to do. He has to report on the State of the Union to the Congress. And it doesn't say it has to be a speech in the chamber. It used to be a letter delivered by Pony Express, but this -- it has to happen. And I think if you are a member of that chamber, it is part of your job to hear that report. And I do think people have talked a lot about is there still appetite for, when they go low, we go high, or are we over that? And you're never over doing your job, doing it well, and trying hard to find compromise and solve people's problems. So I would say show up.
MICHAELSON: Isn't that the job to show up and to try to solve problems? And by the way, there are some things that both sides agree on. I mean, last year, I remember there was a moment when the kid, the Secret Service Agent kid, who has brain cancer, and they're cheering for him, and the Democrats didn't cheer for him. Like, what a sad moment that we can't even cheer for that. I don't know. I feel like it's a bad thing. Both parties are guilty of that, but it seems like a sad moment, and if we've got to find some moments to come together, we're never going be able to tackle our problems if we don't.
All right, enough of my ranting. Thank you both for being here and providing better insight than me on that. Great to see you. Have a great weekend.
VAVRECK: Thanks, Elex.
MICHAELSON: Coming up, U.S. citizens get detained after observing or filming I.C.E. activities in their cities still ahead. A CNN investigation looks into an obscure law that I.C.E. agents use to justify apprehending Americans.
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[00:45:00]
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MICHAELSON: There is an obscure federal law on the books that few Americans have ever heard of, but I.C.E. agents are using it extensively to detain U.S. citizens who observe or record the agency's activities. Kyung Lah has more in this CNN investigation.
(BEGIN VIDEO CLIP) UNIDENTIFIED MALE: Stop following us. You are impeding operations.
UNIDENTIFIED MALE: Impeding operations.
UNIDENTIFIED MALE: Next time, you will be arrested for impeding.
KYUNG LAH, CNN SENIOR INVESTIGATIVE CORRESPONDENT: If you look at some of the videos posted by people recording immigration officers, you hear the same language.
UNIDENTIFIED MALE: Here the thing, 18 USC 111.
UNIDENTIFIED MALE: 18 USC 111.
UNIDENTIFIED MALE: 18 USC 111. Do you understand?
UNIDENTIFIED MALE: We're arresting him for 111. You understand?
LAH: You can hear impeding or 18 USC 111 over and over in dozens of videos. Officers have said it in Chicago, North Carolina, Oregon. But what is it? It's a federal law that punishes anyone who forcibly assaults, resists, opposes, impedes, intimidates or interferes with U.S. officer. Force or even the threat of force is an essential part of the crime.
UNIDENTIFIED MALE: She's impeding a federal --
UNIDENTIFIED FEMALE: She's not impeding. It's not impeding. It's observing.
UNIDENTIFIED MALE: No.
LAH: We looked at Minnesota and three other places in the country with some of the most intense anti-immigration enforcement protests. And we found in the federal courts covering Minnesota, Chicago, Los Angeles, and Oregon more than 12 times as many people have been charged under the impeding statute in the first year of the Trump administration as compared to the last year of the Biden administration.
UNIDENTIFIED MALE: Stop the car.
LAH: But the number of Americans being detained under 18 USC 111 is much higher.
UNIDENTIFIED MALE: Oh, no, no, no, no, no. Hell no. Nope. We warned you, sir.
LAH: Like Ryan Ecklund.
RYAN ECKLUND, U.S. CITIZEN DETAINED BY I.C.E.: I felt somewhat protected by my first and fourth amendment rights. You can see in very short order that that's not the case. I pull into my local grocery store, and I saw what was very clearly an I.C.E. vehicle. I just decided to grab my phone and record them from inside my vehicle.
LAH: Had you done anything like this before? ECKLUND: I had never followed an I.C.E. vehicle before, and I didn't start my day looking to do that.
[00:50:00]
LAH: Ryan was in the parking lot. He says he'd been recording for 90 seconds when the agent first approached him.
ECKLUND: Morning. How you doing?
UNIDENTIFIED MALE: Good. You?
ECKLUND: Doing just fine. Thanks. What can I do for you?
LAH: Ryan would spend the next few minutes following the immigration officers from a distance. He stopped again. This time, he gets a warning.
ECKLUND: Morning, gentlemen. How are doing?
UNIDENTIFIED MALE: Not bad. Yourself?
ECKLUND: Good. Just fine. What can I do for you?
UNIDENTIFIED MALE: You get one warning.
ECKLUND: One warning for what?
UNIDENTIFIED MALE: You will not be following us anymore or you will be arrested?
ECKLUND: I can follow you wherever I want.
UNIDENTIFIED MALE: You will be arrested.
ECKLUND: Great. Sounds good. Have a good one. Thanks.
LAH: Ryan keeps driving. After another couple of minutes, the agents decide they'd had enough.
UNIDENTIFIED MALE: You've been warned that you're continuing to follow us, and you're breaking a lot of laws.
ECKLUND: Oh, no, no, no, no, no. Hell no. Nope.
UNIDENTIFIED MALE: We wanted you sir.
ECKLUND: I'm a U.S. citizen. Get your hands off of me. That's when they actually pulled me out of the car and put me to the ground.
LAH: What happened to you when you hit the ground physically?
ECKLUND: The three or four I.C.E. agents kind of restrained me. Some knees and lower legs kind of on my body to hold me down, but I got some road rash on my face at that point. From there, I was put into handcuffs and then immediately walked across the street to a white unmarked passenger van. No, no, no, no, no.
LAH: In the video, you can see this patch on the agent's arm, SRT. That means he's part of I.C.E.'s elite special response team. Here's how DHS describes them, trained to serve high risk warrants under hazardous conditions and dealing with hardened criminals such as drug cartel and violent gang members.
ECKLUND: I think it's ridiculous. I am not a hardened criminal. I am not a drug cartel member. I'm a local real estate agent who was following them in my car.
LAH: Ecklund knew where he was going because when he first heard this, the sound of protest. From there, he was led inside the Whipple Federal Building where he was led to a very specific table.
ECKLUND: On the wall, a large piece of cardboard that had been written on by hand in black marker said USC 111.
LAH: He was put in a cell. Others eventually joined him. And are you told that you are being arrested or charged?
ECKLUND: No. What I was told by one of those agents was that I could be held for up to 48 hours without being charged.
LAH: Ryan was held for nine hours and then released. There were no charges and no fines.
JOHN CHITWOOD, CRIMINAL DEFENSE ATTORNEY: They are deploying this, tossing it out like candy on Halloween, at anyone who just even looks at I.C.E. the wrong way. I wasn't even familiar with this statute, until about four weeks ago.
LAH: Minnesota criminal defense attorney John Chitwood has seen the rise of 18 111 cases.
CHITWOOD: We've seen when the rubber hits the road in the courtroom, they're backing off.
LAH: In Minneapolis, prosecutors have dropped many of the charges to a misdemeanor or a fine. In Los Angeles to Chicago, most of the cases ended in acquittal or dismissal, and that's if they even make it to court. We found these citations that show U.S. attorneys have declined to prosecute, leaving people with something that's essentially a speeding ticket.
CHITWOOD: The cruelty is the point. They want to get these people off the streets immediately to intimidate them, to make them feel as if there's a consequence for speaking their mind.
LAH: The line between free speech and crime is a debate happening on Capitol Hill.
UNIDENTIFIED MALE: Job boning, complaining, protesting, yelling.
LAH: Immigration agency leadership acknowledged in this hearing that people can't just be arrested for exercising their first amendment rights.
UNIDENTIFIED MALE: Is filming of I.C.E. or border patrol either an assault or a crime in any way, Mr. Scott?
UNIDENTIFIED MALE: No, sir.
UNIDENTIFIED MALE: Mr. Lyons?
UNIDENTIFIED MALE: No, sir.
LAH: We did reach out to the Trump administration, and a DOJ spokesperson tells us this Department of Justice will continue to seek the most serious available charge against anyone who puts federal agents in harm's way and will never make charging decisions based on the opinions of woke law professors. We also heard this from DHS. There are myriad factors that affect the outcome of any given prosecution. The fact remains that anyone who assaults one of our officers is committing a felony, and anyone who obstructs them is committing a federal crime.
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MICHAELSON: Kyung Lah, thank you so much. Reporting here in Los Angeles. Up next, California Attorney General Rob Bonta with how states will try to get back tariff money for their residents. He joins me live when we come back.
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[00:55:00]
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MICHAELSON: If you love Topo Chico, brace yourself. The brand's flagship mineral water is temporarily unavailable in the U.S., Coca- Cola says it is upgrading facilities to address quality issues that have impacted Topo Chico's water source in Monterrey, Mexico, forcing a temporary halt in production. In a letter to distributors, Coca-Cola says it expects the mineral water to return to shelves in the U.S. later this year. Other Topo Chico drinks, including the brand's canned cocktails will not be affected. So you can keep on drinking that.
Colombian pop star Shakira will perform a free concert in Mexico City next month. It's set to happen in Zocalo Square on March 1st. Singer sold out more than 12 shows during her last tour. Shakira is also expected to headline at Rio De Janeiro's public concert at --
