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Early Start with John Berman and Zoraida Sambolin

Mueller Digs In; President Trump New Situation Implicated Crime; Chief of Staff Search; Miami Miracle; Jamal Khashoggi's Last Word, I Can't Breathe; Who is Konstantin Kilimnik; Comey Lashes Out At Trump; Jerome Corsi Sues Mueller; E.U. Court Decides U.K. Can Cancel Brexit; Aired 4-4:30a ET

Aired December 10, 2018 - 04:00   ET

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


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REP. ADAM SCHIFF, (D), CALIFORNIA: He may be the first President in quite some time to face the prospect of real jail time.

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DAVE BRIGGS, CNN HOST: President Trump dipping into his playbook of distraction and denial as the Mueller investigation ramps up.

ALISON KOSIK, CNN HOST: President Trump looking for a new chief of staff to replace John Kelly. Why his top pick pass on the job.

BRIGGS: I can't breathe. The final words of Jamal Khashoggi. What else transcripts reveal about the murder of the Washington Post journalist.

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UNIDENTIFIED MALE: A miracle.

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KOSIK: And there was an incredible play by the Miami Dolphins. How they pulled off a win with no time left on the clock. And I'm sure Dave you will be getting into that.

BRIGGS: Yes. That was just the end of it. There's a lot that preceded it, that you might not believe.

KOSIK: I can't wait to hear more. Good morning. And welcome to "Early Start." I'm Alison Kosik.

BRIGGS: Good morning, Alison. Good morning to all of you. I'm Dave Briggs. Monday, December 10th. It is 4:00 a.m. in the East. The White House operating under an entirely new circumstance this week, now that the Justice Department has clearly implicated President Trump in the crime. Prosecutors in New York say the President directed his former lawyer Michael Cohen to break campaign finance laws making illegal hush payments to two women who claimed they had affairs with Mr. Trump.

The special counsel's team revealed new contact between Trump associates in Russia including a Russian national offering a government level political synergy. Mueller's team also explained, they dropped their plea agreement with former campaign chairman Paul Manafort, because he lied about contact was a Russian intelligent official.

KOSIK: In this new environment, Democrats are no longer quite as cautious about using the "I" word, impeachment.

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JERROLD NADLER, (D) JUDICIARY COMMITTEE: They would be impeachable offenses whether they are important enough to justify an impeachment is a different question, but certainly they would be impeachable offenses.

SEN. CHRIS MURPHY, (D), CONNECTICUT: The President has now stepped into the same territory that ultimately led to President Nixon resigning the office. President Nixon was an unindicted co- conspirator.

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KOSIK: The Washington Post reporting anxiety is spiking among Republicans. They worry the White House has no real plan to deal with the accelerating Mueller probe. CNN's Sara Westwood has more from the White House.

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SARA WESTWOOD, WHITE HOUSE CORRESPONDET: Well, Dave and Alison, the President spent this weekend going after the Paris climate accord railing against his former FBI director, calling for an end to the Russia investigation. Basically talking about anything other than prosecutors claiming in court filings submitted Friday, but the President directed his former attorney, Michael Cohen, to make a pair of illegal payments during the presidential race. That Trump has attempted to tout his latest documents as vindication, because they did not contain evidence of Russian collusion, but it did linked the President directly to payments that he initially denied knowledge of. That is those payments to two women who tried to come forward during the presidential election with allegations of affairs.

Now all of this comes against the back draft of a major staff shake up. The President announced Saturday that John Kelly, his White House chief of staff, would be leaving the administration by the end of the year. And his first choice for the job, Nick Ayers, the current Chief of Staff to Vice President Mike Pence will also be leaving the administration after merely accepting the role as Kelly's replacement.

Our colleague Kaitlan Collins reports that Ayers and Trump had discussed the prospect of Pence's Chief of Staff replacing Kelly. But Ayers wanted to do it on a temporary basis and the President wanted a two-year commitment from Ayers. Now CNN has told that the President is considering four names to

replace Kelly. One of them, may be Republican Congressman Mark Meadows, he is a close ally of the President on Capitol Hill. And CNN has also told that the President aims to make this decision by the end of the year. David and Alison.

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BRIGGS: All right, Sara Westwood there. Thanks. According to Special Counsel Robert Mueller, Paul Manafort lied about five major issues after agreeing to cooperate with prosecutors. Including his interactions with the man named Konstantin Kilimnik. Mueller says Kilimnik has ties to Russian Intelligence Unit that hacked the Democrats during the 2016 campaign. Fred Pleitgen, live for us from Moscow this morning. Fred, good morning to you, sir. What do we know about Konstantin Kilimnik?

FREDERIK PLEITGEN, SENIOR INTERNATIONAL CORRESPONDENT, CNN: Not very much. He is someone who really doesn't like to be in the spotlight very much in those photos that we are just showing. Those are some of the few documents that we actually have that actually show this man, but he was very important to Paul Manafort. He worked for Manafort for a long time in Eastern Europe specifically of course, in Ukraine, where they did business with the then pro-Russian government of Ukraine and also with the Russian oligarch named Oleg Deripaska. As you mentioned, the Mueller investigation says that Kilimnik has ties to Russian intelligence and that Manafort was caught out lying about whether or not he had met Kilimnik afterwards, namely when he was chairman of the Trump campaign in 2016.

[04:05:10] I want to read you a little bit of what the Mueller investigation says. It says and I quote, the evidence of the above includes electronic communications, it includes detail description and the rest is redacted. It is a heavily redacted document, draft and travel records after being told of such evidence. Manafort conceded that he and Kilimnik discussed or may have discussed -- another redacted part -- at each meeting.

So certainly, they confronted him with some of the evidence that they have and it was only after that that Manafort did say yes, he did had contact with Kilimnik. Who is also very important for Manafort, because the Mueller investigation says, he also tried to tamper with witnesses after Manafort got arrested, Dave.

BRIGGS: Just another shaddy character in this whole circle. Fred, thanks.

KOSIK: James Comey calling for the President Trump defeat in 2020. The former FBI Director, he was interviewed onstage last night at New York City's famed 92nd Street Y and in these talk, he practically begged Democrats to set aside their differences and nominate a candidate who is best equipped to beat Trump. Listen.

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JAMES COMEY, FORMER FBI DIRECTOR: All of us should use every breath we have to make sure that the lying stops on January 20th 2021.

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KOSIK: Those comments coming after the President tweeted without evidence that Comey lied to the House Judiciary Committee 245 times last week. The former FBI Director spent six hours behind closed doors on Friday, answering questions mostly about Hillary Clinton's emails.

BRIGGS: According to the transcripts of the session, James Comey was asked by Democrat, Jerry Nadler, whether if he was best friends with Robert Mueller as President Trump claims. And Comey response quote, I am not. I admire the heck out of the man, but I don't know his number. I have never been to his house. I don't know his children's names. I think had a meal along with him in a restaurant. Nadler replies, referring to a Trump claim, I will not ask whether if you have hugged and kissed him. Comey response, a relief to my wife.

KOSIK: Breaking overnight. Jerome Corsi has filed suit against Robert Mueller in Federal Court. The conspiracy theorist and Roger Stone associate has already testified before the Special Counsel's grand jury and is refusing to sign a plea deal. In his lawsuit, he claims Mueller threatened to indict him and put him in federal prison effectively for the rest of his life, unless he provided the false testimony he says, Mueller is demanding. Corsi alleges Mueller still wanted a testimony even after he was informed, it would be false. He also alleges federal authorities unconstitutionally searched his electronic records and his phone. Corsi's lawsuit seeking $350 million in damages.

BRIGGS: The New York Times reports President Trump's son in law and senior adviser, Jared Kushner, offered Saudi Crown Prince Mohammad Bin Salman advice on how to quote weather the storm after the murder of journalist and U.S. resident, Jamal Khashoggi. White House protocol requires that National Security Council staff be present on all on phone calls with foreign leaders, but the Times reports, Kushner and Bin Salman, continued chatting informally following the Washington Post columnist's death.

In his statement, the White House spokesman told the Times, quote, Jared has always meticulously followed protocol and guidelines regarding their relationship with MBS and all of the foreign officials with whom he interacts.

KOSIK: I can't breathe. Those are the final words of Jamal Khashoggi. A transcript of the audio recording of the murder of journalist death seen by a CNN source also includes the sound of Khashoggi's body being dismembered by a saw. CNN's Nic Robertson joins us live now from London with his exclusive reporting. You know, as we get these details, it just get more and more disturbing.

NIC ROBERTSON, SENIOR INTERNATIONAL CNN CORRESPONDENT: The horrific lost moments of Jamal Khashoggi are really are disturbing. He walks into the Consulate in Istanbul, immediately recognizes somebody and asked somewhat they are doing there. This person -- Turkish official, who is identified as a close aide to Crown Prince Mohammad Bin Salman, Maher Abdulaziz Mutreb. Mutreb replies to him, you're going home. You're coming home. Khashoggi says, you can't do that. I have people waiting outside. And then immediately without any further discussion, there are sounds of a number of people jumping on Khashoggi and restraining him. And he can be very clearly heard multiple times, multiple times saying I can't breathe. I can't breathe. Then you hear screams and then you hear him gasping. And then the transcript details noises as it identifies as a saw, as cutting. Somebody identified on the transcript as the forensic doctor from Saudi Ministry of Interior is identified as telling people in the room that, you know, if you don't like what you are hearing, do what I'm doing.

[04:10:09] Put your earplugs in or listen to music. Also, the former diplomat, who is in that in the room, Mutreb, is understood from the transcript to make several calls. Turkish officials have leaked that went to the Saudi royal court. And on those phone calls here saying it is done. The thing is done. Tell yours.

Saudi officials who had reached out to say that they have listened to the tape, looked to the transcripts and don't see evidence of phone calls. They didn't dispute the wording, but they say no evidence of phone calls. And a source -- a Saudi source, close to the Saudi investigations says that both men identified -- the Saudi man identified say, they did not make any calls. This is all very significant and horrific details of a terrible, terrible tragic and awful killing.

KOSIK: Horrific to say the least. Nic Robertson, thanks so much for your reporting.

The U.S. is claiming the chief financial officer of Chinese tech giant, Huawei, covered up violations of sanctions on Iran. At a bail hearing that happened on Friday, prosecutors say Meng Wanzhou is believe to have helped Huawei circumvent U.S. sanctions, telling financial institutions that a Huawei subsidiary was a separate company. Meng was arrested in Vancouver on December 1st and faces extradition to the United States. His lawyer said, she did everything she could to be transparent about Huawei's banking partners and Huawei always work to ensure its compliance with sanctions laws.

In addition to her role as CFO, Meng serves as the Deputy Chairwoman of Huawei's board. Huawei is one of the world's biggest makers of smartphones and networking equipment, but there is a concerns Huawei devices, pose national security risks. Huawei has been repeatedly single out by U.S. officials and Intelligence Agencies have said American citizens should not use Huawei phones and government agencies are actually banned from buying its equipment.

Meng's arrest has certainly put a big strain on its tense relationship between Washington and Beijing, as the two try to hash out an end to the ongoing trade war. Meng's bail hearing is set to resume today at 1:00 p.m. Eastern Time. You know, I have been covering the markets over the past week or so, since the arrest. They have been just whip sawing back and forth, worry that this is one more obstacle on those negotiations. BRIGGS: Robert Lighthizer said though, yesterday, that he does not

believe this will impact the talks between U.S. and China.

KOSIK: Yes, but the timing is a little curious.

BRIGGS: Yes, indeed. All right ahead, French President Emmanuel Macron, meeting right now with political leaders, business leaders and unions after a fourth weekend of violent protest. We go live to Paris, next.

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BRIGGS: 9:17 a.m. in London this morning. Breaking news. The European court of justice ruling the U.K. can cancel Brexit without the permission of the other 27 E.U. members. This comes one day before the members of parliament are due to vote on the British Prime Minister, Theresa May's Brexit deal. The proposal is widely expected to be rejected. The BBC reports the ruling makes staying in the E.U. a real viable option and might sway some to vote that way, but the government is firmly behind Brexit for the time being.

KOSIK: In French, President Emmanuel Macron meeting right now with political and business leaders, local officials and unions. Later today, he is going to be addressing the nation, calling for national unity. Macron's speech following a fourth weekend of sometimes a violent protest that drew 136,000 demonstrators on Saturday alone. For the latest on the crisis engulfing French society, let's turn to senior European correspondent, Jim Bittermann, who is live for us in Paris. Question I have for you here is how likely is that Macron can get, him -- kind of win over some these protest or some of those who are angry, win over them to work with his government?

JIM BITTERMANN, SENIOR EUROPEAN CORRESPONDENT, CNN: Well, Alison and Dave, good morning. They say the Presidential palace here that Macron will find the words to win his way back into the hearts of the French. It is kind of an optimistic view, because for four weekends now, many of the French have been out on the streets protesting and some protest that has turn violent. They said it would -- this weekend was one of the worst in terms of violence and destruction, the kind of vandalism that went on.

And so, Macron is going to do something the protesters say that is very concrete. He got to show something that will get these people off the street. Now already they made concessions here. They already said they will abolish the fuel tax hike that started this whole thing. That is going to cost -- alone is going to cost an estimated $4.5 billion in tax revenue that the government will not be able to get this year. The finance minister saying the growth in the fourth quarter for France is going to be one tenths of a percent or less, because - just because of these protests that has been going on. So, it is make or break day today for President Emmanuel Macron. We will see if he can find the words as they are saying, find the words to get people off the streets. Alison, Dave?

KOSIK: And we will be listening to his speech. Jim Bittermann thanks so much. BRIGGS: All right. Coming up, we talked about this earlier. Miami

fans have a lot to be happy about this morning.

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UNIDENTIFIED MALE: Touchdown! A miracle.

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BRIGGS: The incredible ending to the New England Patriots and Miami Dolphins game you have never seen before.

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KOSIK: Oklahoma University Quarterback, Kyler Murray, apologizing just hours after winning the Heisman trophy for using homophobic language on Twitter in 2011. In the tweets, Murray mockingly using the word queer or queers. Many of the offensive tweets have since been deleted. Murray apologized, Sunday saying this. I apologize for the tweets that have come to light tonight when I was 14 and 15. I used a poor choice of word which doesn't reflect who I am or what I believe. I did not intend to single out any individual or group. He is obviously a very talented quarterback. Murray's future may be in Major League Baseball. He was drafted ninth overall this year by the Oakland A's and he is scheduled to report to a spring training in February.

[04:25:08] BRIGGS: Agent may (inaudible) he is playing baseball. They are already calling it the Miami miracle, not the New England, of course, but the Dolphins shocking New England on the final play of the game, Sunday. A 69-yard pass and double lateral that gave the Dolphins an improbable 34-33 win over the Patriots.

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UNIDENTIFIED MALE: Touchdown!

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(CHEERS)

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BRIGGS: No, he did not have the angle. Patriots tight end Rob Gronkowski on the play, down the field on the final play, but he was there for a hail Mary. This is clearly not what they got. You can see Gronkowski there stumbling along as he cannot make the play on Kenny Drake. Just an incredible ending. We have not seen anything like that in recent history.

KOSIK: And I'm so honored to be from Miami. Miami representing, right here.

BRIGGS: Right. They are enjoying that in South Beach this morning.

KOSIK: Absolutely. Federal prosecutors implicating President Trump in a crime. How

Democrats are responding?

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