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Early Start with John Berman and Zoraida Sambolin

Kavanaugh's Fate Hanging In The Balance; Hearing between Dr. Ford and Kavanaugh Continues; Hundreds Protest The Nomination of Kavanaugh. Aired 5-5:30a ET

Aired September 28, 2018 - 5:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

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DAVE BRIGGS, CNN EARLY START ANCHOR: Wall Streets top regulators suing Tesla's CEO Elon Musk for fraud. Could he be dropped from his own company? Bumpy ride there continues. Good morning everyone. Welcome to "Early Start", I'm Dave Briggs.

CHRISTINE ROMANS, CNN EARLY START ANCHOR: And I'm Christine Romans. It is Friday September 28th. It is 5:00 AM in the east. The fate of Brett Kavanaugh's nomination to the Supreme Court hanging in the balance as the Senate Judiciary Committee prepares to vote this morning.

Members of the committee heard dramatic testimony from Kavanaugh and Christine Blasey Ford, the woman who say's he sexually assaulted her when they were teenagers. Now four key senators could decide Kvanaughs fate, republican's Susan Collins, Lisa Murkowski, Jeff Flake, and red state democrat Joe Manchin. They were seen meeting after the hearing.

BRIGGS: Collins left Capital Hill without commenting. Flake appears to be on the fence saying she offered good testimony, so did he. Manchin say's quote "there are come concerns that people have". Murkowski said she needs a chance to think about all that's gone on.

A GOP source close to the nomination process tells CNN there not sure they have the votes to push Kavanaugh across the finish line, but its quote "defiantly close". CNN's Phil Mattingly reporting from Capital Hill.

PHIL MATTINGLY, CNN CORRESPONDENT: Hi, Christine and Dave. Republican's are moving forward. Obviously every one of them was staring with wrapped attention at the hearing, just like pretty much everybody else in the country, gripping testimony from both Christine Blasey Ford and from Supreme Court nominee Brett Kavanaugh.

But after that testimony was over, more than eight hours, committee members sitting there, witnesses testifying, of member I'm told back in their offices watching, republicans sill plan to move forward. They had a private meeting in the capital, after the hearings to weight their options going forward.

For leaders to take the temperature of members, and they decided the judiciary committee will continue its plan to vote on Friday on the nomination. Now the key individual to watch on that committee, Senator Jeff Flake, he still is undecided. He still has not made up his mind. He told my colleague Kristin Wilson after the meeting today that he had more doubts than certainty about what was going to happen next.

Even if they don't have the votes on the committee, senate majority leader Mitch McConnell telling members behind closed doors I'm told. They're going to move forward to the floor. Right now a procedural vote is tentatively planned for Saturday at noon. So what does this all mean? Well at this point in time republicans do not have the votes to confirm Brett Kavanaugh. Republicans could have the votes to confirm Brett Kavanaugh. There's a couple of democrats who may vote with them as well. But those votes haven't committed yet.

So republicans are basically taking a gamble. Their pushing forward, with the presidents support, with the vice president's support. Taking what Brett Kavanaughs testimony meant to them at least as a sign that it's time to push forward. Will it all work out? Well we'll have to wait and see. We'll get our first sign at 9:30 when the judiciary committee meets, guys.

ROMANS: Yes, less than four and a half hours to go. Thanks for that. So Washington and the entire country trying to process this morning, Thursday's raw emotional wrenching testimony, during more than four hours of questioning we heard for the first time directly from Christine Blasey Ford. She told senators under oath there is no way, no way this was the case of mistaken identity.

(BEGIN VIDEO CLIP)

MALE: Doctor Ford, with what degree of certainty do you believe that Brett Kavanaugh assaulted you?

CHRISTINE BLASEY FORD, ASSULT VICTIM: 100 percent.

(END VIDEO CLIP)

ROMANS: Ford grew emotional as she described the alleged assault in detail, At one point recalling her most enduring memory of the incident.

(BEGIN VIDEO CLIP)

FORD: Indelible, in the hippa (ph) campus is the laughter, the uproarious laughter between the two. And they're having fun at my expense.

(END VIDEO CLIP)

BRIGGS: During his afternoon testimony Kavanaugh was visibly furious. Blaming democrats for turning the hearing into what he called a national disgrace.

(BEGIN VIDEO CLIP)

BRETT KAVANAUGH, SUPREME COURT NOMINEE: This whole two week effort has been a calculated and orchestrated political hit. Fueled with apparent pent up anger about President Trump and the 2016 election. Fear that has been unfairly stocked about my judicial record, revenge on behalf of the Clintons, and millions of dollars in money from outside left wing opposition groups. This is a circus.

(END VIDEO CLIP)

BRIGGS: Kavanaugh's anger softening at times as he too was brought to the verge of tears.

(BEGIN VIDEO CLIP)

KAVANAUGH: The other night Ashley and my daughter Liza said they're prayers. And little Liza all of 10 years old, said to Ashley we should pray for the woman. It's a lot of wisdom from a 10 year old. We mean no ill will.

(END VIDEO CLIP)

ROMANS: Senators quickly dug into their political trenches. Democrats hammering the nominee over his alleged behavior in high school and his failure to state whether he believes the FBI should re- open his background check.

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(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I'm asking about the FBI investigation.

KAVANAUGH: The committee figures out how to ask the questions. I'll do what ever. I've been on the phone multiple times to the committee council. I'll talk to -

UNIDENTIFIED MALE: Judge Kavanaugh will you support an FBI investigation right now?

KAVANAUGH: I will do whatever the committee wants to -

UNIDENTIFIED MALE: Personally do you think that's the best thing for us to do? You won't answer?

KAVANAUGH: Look senator, I've - I've said I wanted a hearing. And I said I was welcome to anything.

(END VIDEO CLIP)

ROMANS: Republicans allowed a sex crimes prosecutor hired for the occasion to ask questions on their behalf. A few slammed democrats for their line of questioning. Senator Lindsey Graham erupting, afterward he said his BS meter got pegged.

(BEGIN VIDEO CLIP)

LINDSEY GRAHAM, US SENATOR: What you want to do is destroy this guy's life. Hold this seat open, and hope you win in 2020, you said that. Not me. This is the most unethical sham since I've been in politics.

(END VIDEO CLIP)

BRIGGS: The second man Christine Blasey Ford say's was in the room during the alleged assault is reaching out to the Senate Judiciary Committee. Judge Kavanaugh's high school friend, Mark Judge, sending a letter to the committee late last night.

It reads quote "As a recovering alcoholic and a cancer survivor I have struggled with depression and anxiety. As a result I avoid public speaking, I do not recall the events described by Doctor Ford in her testimony during the hearing."

Ford told the committee more details from Judge could help her piece together her story. Republican Chairman Chuck Grassley has refused to subpoena Judge.

ROMANS: The American Bar Association is calling on the Senate Judiciary Committee to halt the Kavanaugh confirmation hearing, until the FBI competes a renewed background investigation. CNN has obtained a letter written by the Bar Association's president to the committee.

It reads "Each appointment to our nations highest court, as with all others, is simply too important to rush to a vote. Deciding to proceed without conducting additional investigation would not only have a lasting impact on the senates reputation, but it will also negatively effect the great trust necessary for the American people to have in the Supreme Court."

Now it's difficult to dismiss this letter as playing politics. The organization gave Judge Kavanaugh it's highest rating for the Supreme Court, well qualified. Kavanaugh even touted that rating at Thursday's hearing.

BRIGGS: Like the rest of us President Trump was riveted to his television Thursday as this historic hearing played out. The president telling a group of republican donors last night that it was brutal and hard to watch at times. But in the end his embattled Supreme Court nominee made him proud. CNN's Jeff Zeleny reporting from the White House.

JEFF ZELENY, CNN CORRESPONDENT: Christina, Dave President Trump waking up in a much better feeling about his Supreme Court confirmation battle. He is urging the senate to take an urgent vote and do it quickly. A committee vote could come as early as today. Of course many democrats are rejecting that.

But take a look at what the president sent out moments after the hearing ended. He said this on Twitter. "Judge Kavanaugh showed America exactly why I nominated him. His testimony was powerful, honest, and riveting. Democrat search and destroy strategy is disgraceful and this process has been a total sham in an effort to delay, obstruct, and resist. The senate must vote."

Of course no mention in that statement about Christine Blasey Ford, that was someone the president was also watching testify very intently. And he called her testimony, I'm told compelling. And he found her believable. But he clearly wanted to hear from Judge Kavanaugh. He wanted to hear some anger and push back from Judge Kavanaugh. That's exactly what Judge Kavanaugh gave him.

I am told he prepared the opening statement of the speech, which really turned that hearing around with an audience of one in mind, President Trump. The Judge was wanting to keep the president on board. Did not want him to sort of loose faith in his nomination and that in turn rallied the conservative base. So of course this is not a done deal at all. But as this week ends here at the White House, President Trump certainly feeling much better about his Supreme Court nominee than he has in more than a week, Dave and Christine.

BRIGGS: Jeff Zeleny, thanks. Nearly 60 people arrested among the hundreds who took to the streets of Washington to protest Kavanaugh's nomination.

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BRIGGS: Thursday hearing gripped the nation. Women's marches and other protests, most against Kavanaugh, some in support, took place in cities across the country. Millions more of course watched events unfold from their homes, as other watched from airplanes, and from class rooms. A North Carolina teacher tweeted this photo saying her advance placement students were writing history while watching history.

Calls to the National Sexual Assault Hotline jumped 147 percent after Ford testified.

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And CSPAN say's callers flooded its talk lines to share there own stories. So what ever happens with the judicial aspect of this there's certainly a moment in America where woman are starting to talk about this. And men are hearing from their sisters, their wives, their kids about what's going on.

BRIGGS: Everyone was tuned in. CNN say's more than 10 million including YouTube and Facebook, and cnn.com were streaming to being the hearings.

ROMANS: All right 10 minutes past the hour. Terrifying moments on a plane over the South Pacific after it crashes in to the ocean. Leaving passengers with water up to their wastes, how everyone was able to walk off that plane. That's remarkable.

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ROMANS: All right, tough day for Elon Musk, in for Tesla shareholders. Wall Streets top regulators suing Tesla CEO Elon Musk for fraud. Seeing to remove him from the company he helped found 15 years ago. This all began in August

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Remember when he tweeted that he had secured funding to take Tesla private at $420 bucks per share. Funding secured. That boosted the stock price. But the SEC claims that wasn't true.

And Musk mislead investors. And the complaint from the SEC adds that he choose $420 as the price for taking it private, it was a marijuana reference. And that his girlfriend would find it funny. That's why he put $420 - I mean this about taking a company private, joking about it. The SEC wants to bar Musk from serving as an officer or a director of any public company.

Musk is Tesla's top executive. Loosing him would be a huge blow. Not only is Musk the public face, but annalists tie Tesla's incredible $50 billion market value to investors belief him as an innovator, as a genius, somewhat a disrupter. In fact Tesla's shares fell 12 percent overnight. Musk calls the SEC action unjustified. He said it leaves him deeply saddened and disappointed adding integrity is the most important value in my life. And the facts will show I never compromised this in any way.

The board say's it's fully confidant in him. But the going private fiasco is one of several actions lately causing some to questions Musk's leadership, or his style at least. There was this three hour podcast where he smoked marijuana, used a samurai sword, and a flame thrower in this live broadcast. And then there was this calling, he called this British cave diver involved in the Tai soccer team rescue a pedophile.

Now he's being sued for slander for that. I mean he is a renegade. That's what people love about him. But when you take a company public, and you have public money, there are standards. And the SEC say's he's not meeting those.

BRIGGS: Never a dull day.

ROMANS: No, in Musk land.

BRIGGS: In Elon Musk's universe. At this hour investigators flying to the scene of a plane crash near Micronesia in the Western Pacific. 47 passengers we on board the Air Niugini flight when it went down in a lagoon, 160 yards from the runway.

One passenger say's he felt a hard landing then realized there was a hole on the side of the plane as it took on water. He described terrified passengers in water up to their waste. As volunteers in boats helped rescue all on board. Amazingly no serious injuries were reported.

ROMANS: A tragic end to the search for a missing six year old boy with autism. Authorities in North Carolina say a body discovered in a creek on Thursday is believed to be Maddox Ritch. He had been missing since last Saturday after his parents say he took off running through the woods while on a walk with his father in a park in Gastonia, North Carolina.

A search crew found the body about a mile from the park. The local police chief say's the community is heartbroken. FBI investigators will try to determine the cause, the manner of death, as well as the boy's exact movements after he disappeared.

BRIGGS: President Trump postponing his highly anticipated face to face meeting with the man who heads up the Russia investigation Rod Rosenstein. And the Deputy Attorney General and the president spoke briefly Thursday. Press secretary Sarah Sanders said they agreed it was best not to draw focus away from the Kavanaugh hearing and will meet next week.

Meanwhile the Justice Department has received a subpoena from the House Judiciary Committee demanding memo's written by former FBI Deputy Director Andrew McCabe. Those memo's were sighted in that "New York Times" report. Suggesting Rosenstein wanted to secretly record the president with the aim of removing him from office. Rosenstein offered his resignation last week and expected to be fired when he went to the White House on Monday to meet with the Chief of Staff John Kelly.

ROMANS: After two decades off the air "Murphy Brown" returned to television Thursday, the premier episode featuring a surprise cameo by Hillary Clinton. Keeping with the original series tradition of Murphy Brown's ever changing roaster of secretaries, Clinton interviews for the job.

(BEGIN VIDEO CLIP):

CANDACE BERGEN, MURPHY BROWN SHOW: I also assumed you've had previous secretarial experience?

HILLARY CLINTON, MURPHY BROWN SHOW: Absolutely, for four years I was the secretary - I was the secretary of a very large organization.

BERGEN: And you have all the requisite skills? Computer, e-mail?

CLINTON: E-mails. I do have some experience with e-mail.

(END VIDEO CLIP):

ROMANS: Brown tells her she is impressive, as a candidate but a little over qualified for the secretary job. Clinton leaves her contact information. Her e-mail address is hillary@youcouldhavehadme.com.

BRIGGS: Pretty solid comic delivery I think.

ROMANS: Oh, it was all right.

BRIGGS: All right, ahead the Los Angeles Rams kick off week four in the NFL staking their claim at the NFL's best. Andy Scholes with details in the bleacher report.

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BRIGGS: The first player to join Colin Kaepernick in kneeling during the National Anthem is now back in the NFL, Andy Scholes with more in the "Bleacher Report", good morning Mr. Scholes.

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