First Time In Three Months 19,000 Gather Under The Same Roof For President Trump's Rally In Tulsa; Are Businesses Liable When A Customer Catches COVID-19?
MICHAEL SMERCONISH, CNN ANCHOR: Tumult in Tulsa. I'm Michael Smerconish in Philadelphia. For the first time in three months, there will be 19,000 people under the same roof in the United States. I'm well aware of the demonstrations that followed the death of George Floyd and recognize the hypocrisy in being concerned about one type of gathering and not another. Still, this feels different. It'll be a campaign rally and here are the rules. The Trump campaign has said every attendee will be subjected to a temperature check and offered hand sanitizer and a mask, although masks are not required. Six feet of separation? It sounds like these folks could be within six feet of six other people while the president is speaking, not to mention entering and exiting, visiting the bathroom or concession stand. Tonight's event stands in stark contrast to the creativity exhibited by others who have a similar need to attract crowds. Consider that the NBA will soon play an abbreviated schedule and players will have the option of wearing a smart tech ring that could provide early detection of COVID-19 or consider the fact that on July 18, comedian Jim Gaffigan will perform at a Scranton casino in the parking lot. Billing himself as the drive-thru comic, patrons will be charged by the car. Vehicles will be spaced according to social distancing. Couples with wedding dates, that's another example. Wedding dates that fell amidst the pandemic have also had to deviate from their plans, like the Washington Heights New York couple that was married in the street, officiated by a friend hanging out of a fourth-floor window. I myself had sold-out speaking commitments cancelled due to COVID, so I recorded my speech in an empty theater for an upcoming CNN special. None of that ingenuity will be in evidence tonight. Why? Presumably because the president perceives precaution as weakness and he wants a split screen that shows himself surrounded by thousands while Joe Biden is speaking to empty rooms. If the president ordered that people wear masks tonight, I'm sure the attendees would do so, but he won't because he doesn't wear one himself, not even when touring a mask manufacturer. To him, that's an acknowledgment or a reminder that the deadly virus is still very much among us, but it is. The World Health Organization warned Friday that the world is in a new and dangerous phase as the global pandemic accelerates. The world recorded about 150,000 new cases on Thursday. That's the largest rise yet in a single day according to the WHO. Nearly half of these infections were in the Americas as new cases continue to surge in the United States, Brazil and across Latin America. No wonder then that Apple just announced it is reclosing 11 stores in four states -- North Carolina, South Carolina, Florida and Arizona. Look, the nation has a rich tradition of individualism, manifest destiny, self-determination, call it what you will, but in this case, we are all making decisions not only for ourselves, but for everyone with whom we will come in contact. The data suggests that younger Americans are at an extremely low risk of death, but older Americans and those with underlying illness are at a heightened risk of fatality. So how should the former and the rest of us protect the latter? It's pretty straightforward -- by wearing masks, social distancing and washing our hands and that goes for whether you're a protester or a president, which leads me to this week's survey question at Smerconish.com. Should masks be required -- not just recommended, required -- for large gatherings, be they political rallies or street protests? Joining me now from Tulsa is Tim Murtaugh. He's the communications director for the 2020 Trump campaign. Hey, Tim. Thank you so much for being here. Why not simply require that everybody wear a mask tonight?</s>TIM MURTAUGH, DIRECTOR OF COMMUNICATIONS, TRUMP CAMPAIGN: Well, we've chosen Oklahoma because it is practically the most open place in the country and we will be providing masks to attendees that they can wear if they want and everyone who comes in will get a temperature check. Anyone with a temperature will not be permitted inside. We'll also have more hand sanitizer than any group of people could ever possibly want. So all of the precautions are in place and, you know, people -- I think the -- I'm pretty sure that CNN has covered the COVID crisis pretty well and so people are certainly aware of the situation and people -- as you mentioned in your lead-in, people have the freedom of choice and over a million people requested tickets to the president's event here in Tulsa and people come in with their eyes wide open and they know that we have taken the precautions to protect them.</s>SMERCONISH: But the problem with the individualism argument is that when you make a decision, if you, Tim Murtaugh, were making that decision, you're making it also for me to the extent I come in contact with you. As we all know and it's been drilled into us, the purpose of that mask is to protect those with whom you will then be in contact.</s>MURTAUGH: Well, individualism in the United States and freedom in the United States is not just an argument, Michael, it is actually how we live as Americans and it's how Americans always have lived and people do have the freedom of choice whether to come here or not, but again, as you alluded to in your opening, I don't recall this level of concern when there were tens of thousands, even hundreds of thousands of demonstrators and protesters in cities all across the country, including your hometown and my hometown of Philadelphia a couple of weeks ago. I don't remember the social distancing shaming that CNN and other networks were doing at that time and it was because it was an issue and a cause that the producers and news editors in your organization agreed with, but now when it comes to being a Trump rally, well, all of a sudden the rules are back and it's a rediscovery of the coronavirus crisis which was not, I would say, on the front lines of your thinking when it was the protests you were covering.</s>SMERCONISH: Well, that may be the case for others, but you need to listen more to my radio program because I've discussed both in an ongoing way. I'll simply say this and then I want to move on to another aspect. The wording of my survey question today very carefully says all of the above. I recognize there's a difference between indoors like tonight and outdoors in a street protest. I want everybody associating with others in a large setting to wear a mask. Here's what I think is really going on. The president tweeted a photograph -- I'm sure you've seen it -- of Joe Biden speaking in a seemingly empty room where people are engaged in social distancing. Catherine, put that up on the screen. And my theory, Tim, is that it's a political calculus where the polls right now don't favor the president. He wants to remind people that he can draw a throng of thousands and then have a split screen where there's Joe with just a couple of people socially distant. Is that the image he's playing for tonight?</s>MURTAUGH: Well, I think it was always going to be the image whether we played for it or not and whether there was a coronavirus crisis or not. The fact is President Trump can pack 20,000 seat arenas and we're going to have tens of thousands more people out here in the streets. So people will actually have a choice between whether to go inside or stay outside and the president will be speaking at both locations. But Joe Biden has never been able to draw a crowd and it will be a split screen to show the great enthusiasm behind President Trump's re- election campaign with tens of thousands of people supporting his reelection versus Joe Biden who couldn't draw a crowd at 120th of that size on his best day outside of the coronavirus crisis anyway. So whether or not the split screen is going to happen tonight or whether it was going to happen three months from now, it was always going to happen. There is a huge enthusiasm gap, but President Trump's voters would run through a brick wall to vote for him. Ain't nobody running through a brick wall for Joe Biden. We know that.</s>SMERCONISH: But see, you're confirming, I think, what this is really then all about. It's that health is being put in a secondary position so that the optics can show to the Trump base, hey, in those polls, even the "Fox News" poll where I'm getting hammered, don't worry about it because I can still bring people out in Tulsa, Oklahoma.</s>MURTAUGH: It was always going to be the case that Joe Biden can't draw a crowd and the president can and we're in Tulsa, Oklahoma because it's practically the most open place in the entire country. It was always going to be a contrast between President Trump's leadership, his effectiveness as president and his excellent record of achievement versus Joe Biden who has a 44-year record of failure and he's running on ideas to fix things that he should have fixed in his first four- and-a-half decades in Washington. No one is excited about Joe Biden. No one. These false polls that you show us -- you know, in 2016, if we believed the public polls, Hillary Clinton would be in the White House right now and the "Fox" poll -- "Fox News" poll is really one of the worst offenders and we know that the president's in a strong position and whether or not we're here in Tulsa or anywhere else, the contrast between the excitement behind President Trump's re-election and just the doldrums that surround the Joe Biden campaign were always going to be in evidence and so that contrast was inevitable.</s>SMERCONISH: Quick final question if I may. If tonight is so safe, why is a waiver necessary for all the attendees? Why do they have to click an acknowledgment that they are giving up their right to sue if they get sick tonight?</s>MURTAUGH: Come on now. You know that if we didn't have that waiver, you'd be asking me the opposite question and it's just standard language. I mean, my wife booked a massage the other day and there was a similar waiver on the website for her and if you buy a ticket to a baseball game, on the back of that, there's a liability waiver that says watch out, you may get hit by a foul ball or a flying bat if it leaves the field of play. So that's just standard and, you know, if it were in the opposite situation and we didn't have that, you'd be asking me the opposite question.</s>SMERCONISH: Hey, Tim, thank you so much for being here. Come back.</s>MURTAUGH: Sure. Thank you, Michael.</s>SMERCONISH: Could someone who gets sick tonight turn around and sue the Trump campaign? Joining me now to discuss is trial attorney Shanin Specter. He teaches at the law schools of Hastings, Stanford, Berkeley and Penn. Full disclosure, I'm affiliated with his law firm of Kline & Specter. He just published this piece at CNN.com, "Coronavirus waivers and immunity bills are a big mistake." Shanin, I'm going to put up on the screen the waiver that attendees in Tulsa have been asked to acknowledge. I'll read it aloud and then I'll ask you for your assessment. "By clicking register below, you are acknowledging that an inherent risk of exposure to COVID-19 exists in any public space where people are present. By attending the rally, you and any guests voluntarily assume all risks related to exposure to COVID-19 and agree not to hold Donald J. Trump for President, Inc.," et cetera, et cetera, "Or any of their affiliates responsible, liable for any illness or injury." Your reaction is what?</s>SHANIN SPECTER, TRIAL ATTORNEY, LAW PROFESSOR: Mike, that waiver is almost certainly not enforceable. A court would find it to be against the public interest, against public policy and not enforce it. Mr. Murtaugh says to you these things are standard. This might be the first political rally in American history where anyone was asked to sign a waiver of liability before going in. So I think that it's pretty clear this waiver is not going to be enforceable. Mr. Murtaugh said to you just a moment ago that Trump supporters would run through a brick wall for him. What he really means is that they will run through a coronavirus wall for him and that's what's going to happen today in Tulsa. There will be people in that auditorium who will have coronavirus who will not test positively on the temperature check because some people will not be symptomatic even though they have the virus. They will be in the arena, they will spread the coronavirus. Folks who have signed these waivers will get coronavirus. They probably have very weak lawsuits frankly because a jury will not be sympathetic to their claims since they do know they are assuming some risk of getting the virus, but they will go home and they will spread coronavirus to mom and to dad and to their siblings and to their spouses and to their kids and to others in their workplace and in restaurants and this is a very poor idea.</s>SMERCONISH: So what is a business -- take this out of the political realm. What is a business to do? AMC flip-flopped yesterday, initially saying that they would not require masks and then saying that they would require masks. What is a business to do in this environment?</s>SPECTER: Yes, Mike. You're right. AMC flopped yesterday and so did Revival (ph) Theaters as well. They originally said we're going to supply masks, but not require them and then decided to require the masks and that was very smart. What a business should do is very simple -- just follow the rules. Follow the CDC guidelines, follow your state and local recommendations and laws and if you do that, you will not be successfully sued. You're only required in America to act reasonably. You aren't required to act perfectly and it is reasonable to simply follow the rules and if you do that, there won't be a successful suit. What a business a should do ...</s>SMERCONISH: Well, let me ...</s>SPECTER: ... instead of saying, sign a waiver, a business should say we care about you, we care about your health and your safety. We strive to make our workplace safe, our restaurant safe, our business safe. If you see something you think is not safe, please tell us, please tell a manager. That's a positive message. that's what people want to hear. People want to hear that where they're going cares about their health and safety. What the president is saying today regrettably is I care more about my political future than I care about your health and safety. He'd be much better off for the country and himself if he said please wear a mask.</s>SMERCONISH: OK. Wait. A quick final response from you to bring this full circle. I can hear the Trump campaign saying, well, wait a minute, Mr. Specter. We are following the rules. There's not a requirement in Tulsa that everyone wear a mask. If there were, then we'd follow that rule.</s>SPECTER: That's not correct. There is still a common law requirement of reasonable care. It is unreasonable to not require -- excuse me -- 19,000 people, the largest crowd to assemble inside in America in over three months. It's unreasonable to not require those folks to wear a mask.</s>SMERCONISH: Shanin, thank you for being here.</s>SPECTER: You're welcome. Thanks, Mike.</s>SMERCONISH: What are your thoughts? Tweet me @Smerconish or go to my Facebook page. I will read some responses throughout the course of the program. What do we have, Catherine? From Twitter, "The president can have a huge rally, but my kid can't have a real graduation. How is that OK?" Well, I mean the differing result from this, you're not the only one who's providing us with a lot of assessment in saying if they can do this, why can't I do that? Obviously he's free to do whatever he wants and I guess my guest's point is so long as he exhibits reasonable care, as long as he displays reasonable care to all of his attendees. In your case, obviously it was the school that decided it was unwise. I want to know what you think. Go to my website at this hour and make sure you're answering the survey question. Should masks be required -- not just recommended, required -- for all large gatherings, be they political rallies or street protests? Up ahead, before Rayshard Brooks was fatally shot by an Atlanta police officer, he pointed a Taser at the officer. This moment is crucial to the entire incident. We examine how Georgia law on Tasers and stun guns could shape the outcome of the case. And just how dangerous is a Taser? We'll take a closer look at its capabilities with the CEO of the company that manufactured it. Plus, Bill Barr announced that he was replacing Geoffrey Berman, the powerful U.S. Attorney of the Southern District of New York, but Berman is refusing to step down until the Senate confirms his replacement. Is President Trump within his rights to remove him?