Transcript for Health care for millions of Americans in jeopardy after judge strikes down Obamacare

And. They're welcome to the briefing him on this Monday on Devin Dwyer Washington thanks so much for joining desperate to have Terry Moran here are. Senior national correspondent with us a lot of news to plow through today big headlines popping late Friday night. I would obamacare Terry you followed this case for a long time the federal. District judge Norton northern district of Texas struck down obamacare in its entirety take a look at what judge reed O'Connor had to say. Focusing on the concept of the individual mandate the requirement that all Americans must purchase health insurance or pay a penalty. Judge O'Connor wrote the court finds individual mandate can no longer be fairly rat as an exercise of Congress's tax power it's impermissible under the interstate commerce clause. The individual mandate is unconstitutional he said. And also the entire thing with that he said the former. Enacted the AC eight it was the 2010 law the latter what congress did this past year sawed off the last leg what congress did Terry was eliminate. The mandate in effect. That'd a lot of people out. Skiing today. Didn't we already gone through this with the Supreme Court in 2012 you were there we know what gifts it does feel like we've seen this movie before and we have. However there is this new wrinkle also think what is it as a jingle puzzle right then that obamacare related Jacob public and the Republicans actually they don't have their own plan. And never happen any defined sense there's one not this thing down which can't. Syndicate and on the boats sit to got one piece after another last year Zoe if you remember. And a full frontal assault in the Supreme Court that was the famous John McCain thumbs down it didn't work right rested their name went to plan B plan B was. Well we'll just take the jango peace. Of the tax which is the penalty if you don't get individual health insurance we'll take that out. Then we'll bring a court case saying he can bring the whole thing that he hears the way it worked so that the original obamacare was you must buy have health care or you will be penalized. And the Republicans said. You can't do that our constitution they went to the Supreme Court John Roberts at your right you can't penalize people but you can tax and differently. So with a little bit it's laid a hand as a judge he changed the penalty. Into a tax making it constitutional. Last year the Republicans took that tax out. And the gender puzzle came down according to this whole thing collapsed two pieces there though he said that the individual mandate now not a tax. Makes it unconstitutional but also that it's inseparable from the rest of the law and the whole thing can't stand if you cut that laid off as you say the Zheng a peace deal. So lots unpack a lot at stake let's bring in Jonathan Gruber he was one of the architects. Of Romney care Massachusetts in 2006 also one of the advisors in the Obama administration 2010 when they wrote. The Affordable Care Act Jonathan Gruber now professor of economics at MIT thanks so much Jeff for coming on the briefing her. My pleasure. So what a start. Jonathan with with just your take on what's at stake here so many people today's from scratching their heads. Sane and not where he went through this with the court's. But if this is struck down what would it mean for our health care as Americans. Let's start in the short run what's at stake right now today is nothing. Nothing is changed the earliest anything would change would be the spring of 20/20 one Supreme Court might take this decision. However if they decide to strike this down what's at risk is enormous both for individual health and the help of our democracy. When my that for individual health is at the EC goes away that means seventeen million people lose health insurance. That means the 133 million Americans with preexisting conditions can now be denied insurance because those conditions. That means that those under each 26 no longer in health insurance on their parents' plan. That means there's no more capsule you have to pay out of pocket a year of health insurance this a broad reaching law which is fundamentally changed US health care. And what's crazy about this decision is the notion that. In some sins because as one piece is taken away the whole wall has come down. And the reason that's crazy and I'm not alone on this is what legal experts are saying is because congress has spoken. Congress had the chance repeal this law they didn't they instead just a Kuwaiti individual mandate penalty so congress has said the law can exist let the penalty. This judge essentially saying I don't like what congress said on decide differently. And that is why the legal experts including the lawyers who brought the previous cases the Supreme Court say is a ridiculous abuse of judicial power. Well let's unpack that a little bitch on them because at one point and as we said you're one of the champions of the individual mandate you yes. You've called it essential in many who read many ways inseparable from the rest of the law so we can avoid the free rider problem people without insurance benefiting. From everybody else but now we years your sort of telling us a different to work with this analysis you're saying the law can stand it can work. Without the individual mandate. Well first one ever said the were inseparable slowed compared but it was essential. If it was actually essential ideas essentially experts feel is essential and I think. It is important the law is weaker without the mandate. I think what quite frankly got a bit wrong. Is that the rest of the law is stronger than we thought without the mandate in Massachusetts this lawless based on the mandate was essential. And that may and it was successful. Federally them and it's never really been except that the national level the way with the Massachusetts. At the federal level much more of the law was supported by the Medicaid expansions which really have nothing to do with the mandate. Which through which about two thirds of individuals and gain coverage. And second of all the tax subsidies the federal level have been just definitely generous. The individuals have wanted insurance coverage even if it's not mean the aid. And look at the end of the day have to respect the evidence and the evidence is we took away the individual mandate and the lauding collapsed. We think only the individual mandate and enrollment fell. Premiums went up. So was a bad thing to take it away but the law did not collapse and you know I I think you we can all our preconceived notions but the and we have to respect the evidence. And John makes a great point that this was an act of judicial activism the elected Democrat who represented Democrat or Republicans that are elected represented. As the people's that we can do this we can take this this tax added that will stand. But that does raise the question Jonathan's Terry Moran where you'd we did. He did touch on it what do you expect to happen is this yet another it it's like death by a thousand cuts with the Republicans right they. In the states they don't adopted provisions that that markets aren't aren't operative in some states where the governor's wouldn't wouldn't put them in place and now this. Is this lost staggering along in what will the absence even if the court says some of the law can stand but we can take. Arrest in and out what would happen. So basically look. The law is currently less effective in his written. It's less effective in his written for a couple of reasons. First of all the law includes the right for states with federal government paying four to expand their Medicaid program to lowest income citizens unbelievably. About seventeen states is still refuse to accept money from other states so they can provide interest or low sickened citizens that's cost his coverage. The trump administration has inject enormous uncertainty into the exchange markets they still exists in every state he said they did they do exist in every state there's still functional understate. But trainers are higher because the uncertain has been injecting so the law is not working as designed but it's still better than what we had before. We're still in the world's most importantly I cannot emphasize this enough. We are have avoided the world that we're in before 2010. Where someone who was sick could be turned down for health insurance just as they were sick. That is insane OKV talk people other countries the notion that developed country cannot insurance system where insurers can turn you down pleasure sick. Violates the norms of what a developed country should be about. And that ended. And 2014 when those regulations when in place and that is fundamentally with the risk here. Our Jonathan Gruber professor of economics at MIT thanks so much for coming in a brief her appreciate your expertise Jonathan thank you. My claims Terry and in the politics of this are also fascinating the president tweeting over the weekends are celebrating this but. I'm are a lot of Republicans thinking twice about. About all this sort of careful as to what you wish for bomb there isn't a plan B only congress is on the missing can enact a plan B. Perhaps the silver lining in this is the president suggests is that this could kind of turn up the heat on congress to get something down the nets in the game we're in elections he's right and and this is a congress which can't keep the government running it seems. Read fashioning health care again. I invite in a bipartisan way work right. An opera audiences and it is broken one of the problems with Republican campaign. It is that they've been against something and not for something they talk about some principles that they have but there's actually no Republican plan this was a drive. To undo obamacare which was an innovative. Program in in American law only one time in history had the congress ever required Americans to buy something. And that was in the 1790s when the congress required citizens they were all men at the time to buy a musket. Gunpowder and some ammunition as well so it wasn't innovation but does want to erase Obama's legacy. And then there's something so. Destructive about that that the construct a thing which is now desperately needed it at the very least to repair a bonnet. Health care in America if not to replace the system that we have if the courts uphold this decision. They don't have a plan B those appeals now headed for the fifth circuit. New Orleans we'll stay on a case for more on what this means for you right now but abcnews.com. We have a great explainer up there and how this obamacare ruling impacts. Your health care. Moving on though another major story popping in this morning all the papers here in Washington youth from may have heard enough about Russia. But there is a new two new reports out prepared for the Senate Intelligence Committee that are putting together pieces of the puzzle for the first time in the most comprehensive fashion. That we have seen. I'm just how extensively the Russians metal. In the 2016. Campaign some surprising findings here the group spent months analyzing that adds in data that. Were gathered in the in the course of the investigation they found out that every social media platform and America was use. And there was a fixation. On African Americans specifically that's one of the new findings. Let's bring in now one of the authors of that report -- to rest a she's the director of research. At new knowledge one of the groups that app produce these independent reports for the senate. Intelligence committee she also is an investigator tracking down malign actors online Rene thanks so much for coming and thanks for having me so what surprised you most about this eight months long said any monthlong project looking into this once you've got everything together. What stood out most U. I think that's we originally thought when they're looking at just the stuff that people are finding online that this is a social media marketing operation. And then when we had access to the full scope of 175000. Or so names it really became obvious that they were doing a lot of direct outreach direct infiltration of communities. I really working to connect with real Americans working to. In some cases hire them on to their feet media properties their fake page black matters for example they are looking for designers and writers in people to photographed protests. They also did a lot exploitation. They created hotlines for people who had. You know who are LG BT questioning and ashamed who were. You know religious but felt that they Wear. Behaving badly or had some sort of you know sexual misconduct issues so there is a lot of this. Really. Humans psychology of it that went into a lot of the content that they are putting out wasn't just blasting out political means. You know and specifically targeting tailoring the black community find that just fast lane tells love him more about that how to. How are you able to design that the African American community was sort of singled out first for special attention. So we could see it rough focus of the pages and of course are some subjectivity that but it's a question about what is a message and who were they putting it out to. And this stuff does look a lot like American Media so there ever op pages that were clearly targeting black and audiences lake with names like born liberal. LG BT united. There were pages that were clearly targeting rightwing audiences. Stop on Vator is being patriotic heart of Texas. And then there is about thirty pages the just on FaceBook not including the dozens of accounts on mr. Graham. That had names went. Black and am so blocked a vast flocks to Graham. Plot for black plaque for at. Black matters so they had an entire cluster of about. Thirty FaceBook pages alone solely targeting the black community. With cultural contents with our religious related contact with political contact. Some different collections of topics that would be appealing to different in people with different interest in the black community. And is there any is there any any doubt your mind though that this effort was was tailored to hurt. I support for Hillary Clinton and feeds support for president from candidate candidate from. I was absolutely teller to to harm Secretary Clinton so what they did was for them right wing pages. They were of course vehemently anti Secretary Clinton and very pro Donald Trump. For the last thing pages they were not pro Donald Trump they were of course still and each from because this was. You know had to make the contents at the audience but they were pro Jill Stein in the primary and covering Sanders the black community was hit with suppression narratives in addition to the opera Jill Stein it was you should we shouldn't vote because this is not our country. We are outsiders in this country we shouldn't participate in the voting process I'm going to boycott the election. And then on Twitter that extended into. I narratives about you know just kind of things that were blatantly wrong I'll if you voted in the primary for this candidate you can't vote for this other candidate or. Misleading information about polls about election and designs that sort of stuff. So there're it was really in the black community was targeted to the greatest extent with the suppression narratives the other two groups were not. Her group we find ourselves here why are we so susceptible I mean the president has pushed back against the idea than any in this campaign had any impact. But it's clear from these reports that millions of people subscribe to these pages follow these tweets read these since two grams. And you gotta believe that some of that seeped in some more. And that is this is he's worth a thousand dollar question it's hard to answer what would have happened without it but we are all hard wired in our own software. To believe the stuff that that platters are. Own ideas right that that makes us feel good or feel angry said rather than stuff which is true. We were drawn to the things that we haven't affinity when exactly and the power of social media and the algorithms didn't drive it and now the ability of commercial corporation to news media and adversaries. To manipulate those algorithms it might mean that says there's an old Stephen King story of a guy who could read minds and start dating a drunken reader mining and teller. And her friend fought finds ads as you aren't in love with her you're controlling. And that is essentially where we're metric wouldn't want to put you want these separatist narratives what everybody shepherd and other little camp tons except for Russia mother Russia always has dating yet. But it plays right into his hands and at the end it is the responsibility of candidates to make better argument than the Russians and that is something Hillary Clinton failed. And dominate that space Rene to rest there with new knowledge. Gee are you confident where were prepared to better protect ourselves in the next election based on what you've seen. I think we did a pretty good job and turning eighteen I think that we have to think of this is constant crime problem there's always going to be social media and their there was going to be people trying to manipulate social media so really having the government researchers in tech companies work together to solve the problem is where we need to be. Our thank you so much for an eight arrest and the director researching new knowledge one of the authors of those new reports shedding light. And the Russian involvement between sixteen campaign think so much for coming in. Fascinating story much more again it abcnews.com. Want to shift gears now to another major story this is. This is quite something I want to bring in our Martha Raddatz is seen her current. Now correspondent great to have you Martha tell us about this story involving a former army green beret gained some attention over the weekend from president trump. On trial for murder and the presence has and I pardon you what's what's going on a discussion. Well first of all let's let's heart had missed his name is major Matt Goldstein and he was a green berets you said he was also the recipient of silver star. Obviously I'm rooting and Jeff curry and a decorated our in his injured in Afghanistan he was in Afghanistan a very very deadly. Period a lot of people getting blown out. He. Found out about a bomb maker is there were a lot of roadside bombs going off for ninety's. And this bomb maker maker suspected bomb maker. They detained. And according to the army in there in several different narratives here according to army documents. What happened was he was concerned a major was concerned that this guy would be released and come back and kill an informant. So they say he took care vet himself. And this started in about 2011. Because they found out that he had applied for job of the CIA and when he was taking a polygraph test he said. Yeah IA killed this guy and then I buried this guy and then we dug a mop and took him back to the base and put him in a burn pit. And burned him now his lawyer. Major Goldstein's lawyers had none and I didn't happen that way. But then in 2016. He was asked by Brett bear and a Fox News interview you've got rolling out OK the lessons of this is major Goldstein. Answering the question if he actually killed this Taliban suspected bombing. Did you kill the town on the tarmac and yes. You willingly. Offered puppies details right at the CIA. And that's brutal start. Turning much. I ain't never. TV grudge investigators are either my commanders. War. Dizziness. If they're concerned. I doubt in my judgment or my behaviors and then I would expect that they would look into an what is it like going from war hero. Two accused war criminal. He's angry. No. Has been incredibly painful and very difficult over the last two years. Everyone. And who served with me. Stood by me. And so it's over and play. Totally wrong. Some people Martha might say look it's a war zone this was a bomb maker what's the big deal if he. Went out and took care in the sky and we're during the catch them. Where are yet there's catch first of all he was talking about the previous investigation when they first looked at it after what he said to the CIA and they took silver star away. And they get a letter of reprimand but the couldn't prove what hit actually happened. And then that interview takes place they open up the investigation again and now they're saying it is premeditated murder look you can't go around. Killing detainees than. The issue was you're I was in US custody the army says he was he was he was a captive exit prisoner you can't take him on the field. When the economy coughs and tape or even as as his lawyers now saying he was worried he was released Turkey was released it's very unclear exactly what they mean by this they say oh he died during an ambush. If he was unarmed. And you just can't she's so there's winner rules have been published and Mr. President we're commitment pardon this morning what's message is that I think one of the things that people are looking at now is on unlawful command influence and what that means is if you are a commander and those under review. Hear how you feel about a case mean remember this will be tried in the military so if the commander in chief comes in and says hey. I'm and take a look at this war hero and I think the war hero par is what really got the red flags up and get with a lot of lawyers saying. That could be command influence because as people are looking at the case. Wait that commander in chief says so what's the next war hero so I think the next step is they give it you know Donald Trump apartment he certainly can't part. But I think what the what the army wants to do with the military wants to do is let this go to trial and let's see. What really happened at what kind of evidence there is let this play out in the courts without influence. And marvel what do you make of the argument that. Luggage and that those rules of engagement for the Geneva conventions all of us and that's a different world. We live in the savage world right now others haters out there and all that stuff these they're planting bombs blown up buses the whole deal. That they no longer apply what what's the utility as one. In a world without any boundaries and. Com well well I think if you look at the natural says who will sit there for a reason what if what if one of our people who was captured and somebody decided wedeman he's gonna do something bad let's just I mean obviously they do do that. We just don't want to condone that with her own behavior. Americans are set the example one on these issues and hope to see that this plays out in court Martha Raddatz thank you so much got it. Thanks moving on always do see who we are four days now from a potential partial government shutdown just before Christmas time. I here's what's at stake take a look. What the government shutdown looming 25%. Of the federal government could shut down. 75% and it's actually been funded into next year so that's the good news there 120 contest Saturday morning December Torre second. About a quarter I was shutdown affects nine of fifteen federal departments. 420000. Workers. I would be deemed essential that stay on the job at they have to work without pay just around Christmas time 380000. Will be put off without pay. And look at this terriers actual impacting your pocketbook 500 dollars a week. The leading government union says there workers here's what's a lot of money right the holidays for those workers even if they'll get they've paid back later the cash not coming in not a good thing. Let's bring our Ben Siegel who's up on Capitol Hill for the latest Ben what are you hearing give us that. Minute by minute state of play are we gonna see a shut down on Saturday morning. All done and there's a lot of excitement here obviously anticipation of what will happen whether or not there will be shut down. It's actually strangely pretty quiet the house has sent home members until Wednesday. I mean that any sort of deal to pass government funding can't happen until then. Tom at this point we haven't seen Democrats or the president budge from their corners towards making a deal I spoke to one Republican aide. This morning who made the point of I asked if the president and they thought the president was an intimate to negotiate and he said you wouldn't put Stephen Miller one of your most hardline immigration advisors on TV. Like the president did yesterday if you were him negotiating mood. So what's on the table bad eyesight CC. I used cloning we do you know you're trying to get some negotiations it's all around about border wall money right. Right this is exclusively about the border wall and how much. Congress is going to give president charm for that wall which Democrats keep noting he said Mexico would pay for during the campaign trail. They're not feeling very charitable they are how they offer standing for a one point six billion in this deal which they say is more than enough to be to beef up current border security. They do not want that for a while while president trump has his. His negotiating offered five billion and seems unwilling to move down from that so we're still out of it at an impasse the question is may be how long it was shut down do we have. How long the temporary funding measure do we have Democrats wanna go until September the president possibly. A little bit more of a short term agreements about also remains to be seen. Our offensive on helical later senator keeping a close sign and then we've got four days ago so we'll see if they can work this out at home for happy holidays thanks so much spent Terry. The political calculations in the past have always hurt. Shutdown to hurt the party empower you think the same thing holds here will Republicans pay a price well what things did present term assurances that will help them with his base in May do we live in a base election world that the whole game is to get your own people to the polls and he's determined. To awaken them and and inspire them with border security but really. This is no way to run a popsicle stick. I'm that analogy while under briefing room for today by the way keep a close eye and the Dow it's down nearly 600 points right now how much more. On the financial story a Plano today on world news tonight more of this crime here 8 PM eastern time and ABC news live protest turn with us today thank you for watching us and haven't learned Washington. What's next.

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