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Early Start with John Berman and Zoraida Sambolin

Senate Presses to Vote on Kavanaugh. Aired 4:30-5a ET

Aired October 04, 2018 - 04:30   ET

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


[04:30:00]

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(BEGIN VIDEO)

SENATOR MITCH MCCONNELL, (R) KENTUCKY: I'm filing closure on the Judge Kavanaugh nomination this evening so the process can move forward.

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BRIGGS: A full Senate vote on Brett Kavanaugh as soon as Saturday. The FBI report will be in the hands of Senators at 8:00 a.m. this morning.

ROMANS: The growing concern of China's military aggression at sea. The U.S. ready to show a force. The vice President today will declare even Russia's actions pale in comparison to Beijing's.

BRIGGS: One officer is dead and six others recovering after coming under fire in South Carolina.

ROMANS: And here come the Yankees. The Bronx Bombers heading for a showdown with the Red Sox after disposing the Oakland A's. Welcome back to "Early Start." I'm Christine Romans.

BRIGGS: I'm Dave Briggs. Watch that ball go 4:31 Eastern time. Breaking overnight, Senate Republican leader starting the clock toward a final vote on Brett Kavanaugh's nomination to the Supreme Court.

Majority Leader Mitch McConnell filing a motion to end debate. That procedural move will come to a vote this week with the final vote on the nomination as soon as Saturday.

ROMANS: The timing driven by the FBI's renewed background investigation on Kavanaugh. Now Senators will be able to start reading investigation summaries starting at 8:00 a.m.

The White House has the report already. "The Wall Street Journal" reports the White House finds no corroboration of sexual misconduct allegations against the nominee.

BRIGGS: That of course does not address whether Kavanaugh misled Senators about his drinking habits and the "Washington Post" reports the White House privately restricted the FBI from looking into Kavanaugh's youthful drinking and if he lied to Congress about it. All that while the president was publically saying the FBI could follow any leads it saw fit.

ROMANS: The FBI wrapped up its investigation Wednesday and having interviewed about ten people in total. Now the focus moves to undecided Senators and what they make of the FBI report. Congressional Correspondent Phil Mattingly has more from Capitol Hill.

PHIL MATTINGLY, CNN CONGRESSIONAL CORRESPONDENT: Well Christine and Dave, this is something Republicans have been asking for for weeks. It's been something Republicans at least on the leadership level grudgingly agreed to just about five, six days ago. Now it's on Capitol Hill, the FBI's supplemental background investigation. This report will dictate whether or not Brett Kavanaugh is elevated to the highest court in the land.

At this point, Republicans do not have the votes to confirm Brett Kavanugh. That isn't stopping them from moving forward though. As it currently stands the expectation is the first procedural vote on Kavanaugh's nomination will be set up for Friday. That will mean a final vote on his confirmation should come as soon as Saturday. Again, what Republicans don't have is the 50 or 51 votes they need to actually move this forward.

The expectation has been what the FBI returns will help get them over the line. As you know, there's three undecided Republicans. There are two undecided Democrats, all five of whom have been weighing their options but multiple of those Senators have said this report will play - will go a long way to dictating how they end up voting. It really all relies on what they see here. The big problem is we aren't going to see it. It won't be released publically. There will be no summary and the Senators and staffers who get to see it technically aren't allowed to talk about it at all. So what does that mean?

Well, it's going to be open to interpretation in terms of what the FBI found in its interviews in that supplemental investigation. Here's a good metric, a good guide to know what it actually looks like. Look at the votes. Republicans have the votes to move Brett Kavanaugh through. They, or at least those undecided Senators who decided they haven't seen anything damming. They don't, well you can draw your own conclusion on that one. Christine and Dave.

BRIGGS: Phil, thank you. So how thorough was that FBI investigation. Well it depends on who you ask. Debra Ramirez telling "The New Yorker" overnight she had been hopeful her story would be investigated but now says in part the people who were key to corroborating my story have not been contacted. I feel like I'm being silenced.

ROMANS: That's a stark contrast to Raj Shaw's view. He is leading the communications effort for the confirmation process. Shaw tweeted a short time ago this was the most comprehensive review of a Supreme Court nominee in history with over half a million pages of documents. He says the White House is confident they will vote to confirm Judge Kavanaugh. [04:35:00]

BRIGGS: The White House standing by President Trump's mocking impression of Christine Blasey Ford by denying he mocked her at all.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: How did you get home? I don't remember. How did you get there? I don't remember. Where is the place? I don't remember. How many years ago was it? I don't know.

(END VIDEO CLIP)

BRIGGS: That was Tuesday evening in Mississippi. Press Secretary, Sarah Sanders, held a White House briefing to rebuke those complaints that were -- that there was evening a briefing at all is news. The last was September 10. Sanders defended the president as simply stating the facts.

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SARAH SANDERS, WHITE HOUSE PRESS SECRETARY: Every single word that Judge Kavanaugh has said has been looked at, examined, picked apart by most of you in this room, but not -- no one is looking at whether or not the accusations made are corroborated. Whether or not there's evidence to support them.

The testimony by Dr. Ford was compelling. But you can't make this decision based on emotion. It has to be based on fact.

(END VIDEO CLIP)

ROMANS: So, her defense there, not exactly factual. Ford did have answers to most the things Trump mocked. A number of senators taking issue with the president's tone. Republican senators are crucial to confirming Kavanaugh.

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SEN. JEFF FLAKE (R), ARIZONA: I though it was obviously insensitive and appalling, frankly.

SEN. LISA MURKOWSKI (R), ALASKA: I don't approve of the comments from last night. I thought that they were wrong and extraordinarily unfortunate to ...

SEN. SUSAN COLLINS (R), MAINE: The president's comments were just plain wrong.

(END VIDEO CLIP)

ROMANS: Nebraska Senator, Ben Sasse, expected to vote for Kavanaugh. But in an emotional speech from the Senate floor, he criticized the president for his tone toward women.

(BEGIN VIDEO CLIP)

SEN. BEN SASSE (R), NEBRASKA: We all know that the president cannot lead us through this time. We know that he is dispositionally unable to restrain his impulse to divide us.

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BRIGGS: Senator Lindsay Graham, a vocal Kavanaugh backer, says he would simply tell the president to, quote, "knock it off, you're not helping."

ROMANS: All right, a classified proposal has been drawn up now by the U.S. Navy to respond to China's military aggression. Defense officials describe it as a global show of force. On Sunday, a Chinese war ship came within 45 yards of the USS Decatur, challenging the American ships presence in the South China Sea.

That near collision, one of many troubling developments with China. I want to bring you Will Ripley live from Hong Kong.

And Will, you know, you've got United States and China in a trade war. You have two recent high profile visits from Defense officials from each nation have been cancelled. You have this very close call, this sign of aggression on Sunday and today we expect to hear from the vice president about what he thinks is happening with China.

WILL RIPLEY, CNN CORRESPONDENT: And let me plant this seed for you Christine, there is a growing feeling within Beijing leadership under the Chinese president, Xi Jinping, that the Trump Administration, through the trade war and other things, is trying to contain the rise of China.

And that does no bode well in a country where you have a president for life, who is bound and determined to increase China's presence, influence, power, on the global stage.

They are not going to respond kindly to this speech that the vice president is expected to make in the coming hours, talking about the incident, that close call over the weekend when the USS Decatur and a Chinese Luyang class destroyer came within 45 yards of each other. The vice president is going to call it reckless harassment, saying that the United States will not be intimidated.

No decision made yet on this show of force that they're talking about, but if they do it during one very highly specific week in November, where they launch all these freedom navigation patrols, one after another, after another, there's really no telling how Beijing is going to respond.

And the vice president not just stopping with talking about the South China Sea where the U.S. is trying to reject China's territorial claims, he's also talking about allegations of Chinese election meddling and is expected to say in his speech, quote, "What the Russians are doing pales in comparison to what China is doing across this country." The vice president going to talk about Chinese plans, allegedly, to disrupt the midterms. Claiming that China, by targeting red states, conservative voters with tariffs, they're trying to turn those voters against President Trump.

There is a lot in the vice president's speech that could make Beijing very angry, at a time that tensions are already especially strained given everything that's happening with trade and the geopolitical situation, Christine.

ROMANS: We know that the Chinese put in a supplement into "The Des Moines Register," the Sunday paper a week ago or so and that really infuriated the president, but is that election meddling or is that jus to politics?

RIPLEY: That is the big question. I mean China, clearly, they are being strategic with their response to the Trump Administration's tariffs. How do you kind of square that and say that now China is far worse than Russia when it comes to election meddling, we just don't know.

ROMANS: Right. Very clear that this White House wants to reset the China, U.S. relationship and it looks as though they are doing so. Thank you so much, Will Ripley.

BRIGGS: A reprieve for hundreds of thousands of immigrants fearing deportation.

[04:40:00]

A federal judge has block, for now, the Trump administration plan to end temporary protective status, TPS, for immigrants, those from Sudan, El Salvador, Haiti and Nicaragua. TPS protects people admitted to the U.S. from countries hit by dire conditions like natural disasters or war. The Trump administration ended TPS for many migrants, saying the dire circumstances have passed. But the judge says that decision may have been based on hostility toward quote, non-white, non-European immigrants. The Justice Department says the judges decision usurps the role of the executive branch.

ROMANS: A Navy veteran in custody this morning. William Clyde Allen III arrested in Utah in connection with suspicious letters sent to President Trump and top Pentagon officials. Allen was an enlisted sailor in the Navy from 1998 to 2002. Dozens of federal and local enforcement officers swarmed the scene of his arrest.

The envelopes, initially, thought to contain the nerve agent Ricin. A preliminary investigation found the substance was actually a crude caster bean precursor. CNN is still trying to reach Allen or his attorney.

BRIGGS: Seven sheriff's deputies and police officers shot, one fatally, trying to serve a search warrant at a home in Florence, South Carolina. The suspect in custody has not been identified. Officials say he barricaded himself in a home with children, prompting a two hour standoff. Officers were shot as they tried to help their fellow officers. Officials say they did not realize just how much firepower the suspect had.

(BEGIN VIDEO CLIP)

KENNEY BOONE, SHERIFF, FLORENCE COUNTY, SOUTH CAROLINA: Fire was being shot all over. The way the suspect was positioned, his view of fire was several hundred yards. So, he had an advantage. And the officers couldn't get to the ones that's down.

(END VIDEO CLIP)

BRIGGS: The Florence officer who was killed identified as 30 year department veteran, Terrence Carraway, President Trump tweeting his thoughts and prayers to law enforcement in Florence.

ROMANS: That's (ph) a tragedy there. All right, 42 minutes past the hour. Harvard diving coach put on leave after claims emerge of sexual misconduct.

BRIGGS: And police say a Michigan cheerleader took the high road, in a matter of speaking, in a bid to become homecoming queen.

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[04:45:00]

ROMANS: Facebook is on Capitol Hill this week working with lawmakers as it faces the possibility of more regulation. Facebook confirmed to CNN it sent representatives to D.C. It is briefing congressional staff about its latest huge data breech. Last week it announced its biggest security breech ever.

The data of 50 million of you released through a security flaw. Facebook patched the flaw, but has not revealed exactly what information was exposed, however keeping lawmakers in the look which is notable. Facebook has been trying to work more with Washington including sending CEO Mark Zuckerberg to testify in April.

Facebook likely trying to get ahead of new regulation, it already faces intense scrutiny for things like allowing election meddling and all these privacy concerns.

BRIGGS: Harvard's head diving coach placed on leave amid sexual misconduct claims by athletes he coached a few years ago. A class action lawsuit accuses 31 year old Chris Heaton of soliciting nude pictures from female athletes at an Indiana diving academy and having sent explicit pictures to young female athletes there. The suit claims athletes became complained about Heaton's conduct to his superiors in 2015.

Harvard said it was unaware of the complaints when he was hired earlier this year. Heaton has yet to comment.

ROMANS: A security guard at the Pennsylvania compound of an exiled Turkish cleric fired a warning shot at an unknown apparently armed intruder. Officials with the (EMUD) organization say the intruder quickly fled. The police searched the area, but say they could not find the intruder.

Turkey's government wants the (EMUD) 77 year old Fethullah Gulen extradited. They accused him of organization a failed coup (ph) in 2016, a claim he has denied.

BRIGGS: A Baltimore police officer charger with DUI. According to the department, Officer Aaron Huleman was found slumped over the wheel of a marked patrol car on Tuesday, while he was on duty and in full uniform. The engine was running. The police report says office Huleman agreed to a breathalyzer and was three times the legal limit.

He was fired yesterday.

ROMANS: Chicago Police Department releasing this surveillance video of a masked shooting suspect linked to back to back murders in Rogers Park. Police say the two men were shot and killed using the same gun based on shell casings at each crime.

73 year old Douglas Watts was killed Sunday. 24 year old Eliyahu Moscowitz was killed Monday night. Both died from a gun shot wound to the head.

BRIGGS: Evacuations underway in Southern Arizona where floods waters could overtop a dam, the reason - unusually heavy rains from Tropical Storm Rosa. The flooding threatening the integrity of the Menagers Dam near the town of Ali Chuk on tribal land, less than a mile from the Mexican border. Flashflood warning is in effect for the town until early today.

ROMANS: A Michigan Cheerleaders dream of being homecoming queen has gone to pot, I'm sorry - I didn't write it, but I read it.

Police say she distributed, at school, brownies laced with weed all in an effort to sway classmates to vote for her. Hartford Police say the high school was alert by an anonymous tip. Three brownies were recovered, they were sent to a crime lab for testing.

The student involved could face felony charges for distributing marijuana in a drug-free zone.

BRIGGS: Sensitive, what about gluten allergies?

Buckle up for another installment of baseball's best rivalry. The Yankees advances the American League Division Series against the Red Sox, courtesy of a seven, two wildcard win over the Oakland A's last night.

[04:50:00]

Aaron Judd set the tone crushing that two-run homer in the first and the Bronx bombers blew open the game in the sixth.

Luke Voigt there, a two-run triple off the right field fence he thought was gone; part of a four-run rally. The Yankee offense finished off the A's here. Giancarlo Stanton, no doubt about that one; second deck, left field. Game one of the ALDS is tomorrow night at Fenway Park 7:30 on TBS. TBS starts the post season at around 2:00 with the Indians and Astros. Four games tomorrow if you're not doing much.

ROMANS: It would be more exiting if there was any kind of a rivalry between those two teams.

BRIGGS: I know, you do need to ramp that up. You won't hear about it at all either.

ROMANS: No, no. All right Honda pumping nearly $3 billion into fellow car company GM. The goal, drive a driverless car that can be mass produced and sold worldwide. More on CNN business next.

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[04:55:00]

BRIGGS: First Lady Melania Trump heading to the next stop on her four nation tour of Africa.

CNN's David McKenzie live for us in Johannesburg. David, interesting to see her husband busy eviscerating Barack Obama's legacy while Melania Trump literally walks in his footsteps.

MCKENZIE: That's right, good morning, Dave. Yes, there was that strange moment where Melania Trump was at the Cape Coast and had to have a meeting with the local chief and pay her respects inside Obama Hall.

Of course the Obama's visited the same location on the tour through Ghana, but it was a poignant moment. The First Lady calling her visit to Ghana impactful, going through that slave fortress where many thousands perhaps even more than a million slaves past through there on their way on the Trans Atlantic slave trade.

The horrific history and she had this to say about the experience, Dave.

(BEGIN VIDEO CLIP)

MELANIA TRUMP, US FIRST LADY: This is a very special place. I will never forget - incredible experience and the stories that I heard from the gentleman is really, really touching. And the dungeons I saw, it's really something that people should see and experience what happened so many years ago. It's really a tragedy.

(END VIDEO CLIP)

MCKENZIE: The First Lady now on route to Malawi in Southern Africa. There she will visit - we believe focus more on education on that part of the trop. Malawi is a major recipient of U.S. AID money, and there is this disconnect - a little bit of a disconnect between the Presidents policies. His aim is to cut foreign AID and Melania Trump's visit where they are pushing the agenda of U.S. assistance in Africa and these countries in Africa. Dave.

BRIGGS: Not the first time we've seen her step out on her own. David McKenzie live for us this morning. Thank you.

ROMANS: The President sort of rejects this long held American tradition by giving AID to ...

BRIGGS: Foreign AID.

ROMANS: Foreign AID. You have a say in their domestic agenda. That you get to advocate for what - for human rights - for the things that American holds dear.

The President thinks that it's just giving money to people who don't agree with us.

BRIGGS: That is correct.

ROMANS: Let's get a check on CNN BUSINESS this morning.

Global stocks lower today after the DOW hit another record hit. You can thank bank (ph) stocks for that. Strong economic data set 10 year treasury yields to the highest level in seven years. As the bond yield rises, rising bond yields here are a big story and those rising rates boost bank profits.

Oil prices falling overnight after hitting a four year high for oil prices. Global oil closed above $86 a barrel yesterday, the highest since 2014. The oil prices have surged lately as investors prepare for U.S. sanctions on Iran. The world supply is tight and that will only make it tighter. Iran is the fourth largest producer of oil. Sanctions beginning November 4th.

E-BAY assuming Amazon of trying to poach (ph) sellers claiming it used E-BAY's own internal messaging system to do it. The Wall Street journal reports E-BAY sent Amazon a seize and desist letter to stop the recruiting. Claiming 50 Amazon sales reps sent thousands of messages to sellers on E-BAY's platform. E-BAY demands Amazon end its unlawful activity and says it will take the appropriate steps to protect itself.

Amazon says it's looking in to those allegations.

Honda is pumping nearly $3 billion in GM, teaming up to create a new generation of driverless cars. Honda will put $750 million immediately into GM's self driving unit. Investing about $2 billion over the next 12 years. The goal is to build here is to build a driverless car that can be mass produced and sold worldwide. Passenger car sales are on the decline, falling 7 percent in September.

Companies are betting self driving cars are the future of the industry, but right now, the tech only brings enormous cost and risks with no vehicles ready for the market here right now.

For the latest of on tech, media and finance, we've got a new place to go. It's the new CNN BUSINESS. It features exclusive with Newsmakers, in-depth coverage of the companies, and innovation driving business forward. CNN.com/business launches later today.

BRIGGS: Looking forward to it. EARLY START continues right now with the latest on Brett Kavanaugh.

(BEGIN VIDEO CLIP)

SENATOR MITCH MCCONNELL, (R), KENTUCKY: I'm filling closure (ph) on judge Kavanaughs nomination this evening so the process can move forward.

[05:00:00]