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Early Start with John Berman and Zoraida Sambolin

WH Telling Don McGahn Not To Testify; Death Toll Rises To 359 In Sri Lanka; Bodycam Footage Released In Yale Police Shooting. Aired 4-4:30a ET

Aired April 24, 2019 - 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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[04:00:23] DAVE BRIGGS, CNN ANCHOR: The president says he doesn't want White House aides testifying to Congress. Democrats stonewalled as they look for information on Russia, finances, and more.

MICHELLE KOSINSKI, CNN ANCHOR: An ISIS suspect gave advanced warning of the Easter bombings in Sri Lanka. Question is now about whether the threat really over?

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UNIDENTIFIED MALE: Twenty shots fired Argyle Street, with the car, with the car.

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BRIGGS: Police body cam shows the frantic moments an officer opens fire on a driver and a passenger near Yale. Why did he shoot and what the driver's family is saying?

KOSINSKI: And what is winning? A new milestone in the sensational run for this Jeopardy contestant.

Good morning. And welcome to EARLY START. I'm Michelle Kosinski.

BRIGGS: Good morning Michelle. I'm Dave Briggs.

KOSINSKI: Good morning.

BRIGGS: Wednesday, April 24th, 4:00 a.m. in the East. It is 1:00 a.m. in Portland, Oregon where my friend, one of the great shots in basketball history happened just a few hours ago. We'll show you that --

KOSINSKI: Wow.

BRIGGS: -- in a bit. But we start with the nation's capital.

KOSINSKI: OK.

BRIGGS: White House stonewalling of congressional investigations coming straight from the top. President Trump telling "The Washington Post" he does not want current nor former White House aides testifying to committees in the Democrat-led House. He says, it's unnecessary since the White House fully cooperated with the Mueller investigation. Quote, there is no reason to go any further, and especially in Congress where it's very partisan, obviously, very partisan.

KOSINSKI: Already Trump and the White House have moved to block cooperation with House committees several times, telling a former White House official not to comply with the subpoena to testify about security clearances.

The House Oversight Committee may hold that aide, Carl Kline in contempt. The Trump organization is always -- are also filed suit to block a House subpoena for financial records. And the Treasury Department has repeatedly missed deadlines to hand over the President's tax returns. Treasury secretary, Steve Mnuchin, says he'll make a final decision on the returns by May 6th.

BRIGGS: And now, we've learned the White House plans to fight the House subpoena for Don McGahn. He being the former White House counsel whom the Mueller report says, refused the President's order to fire Robert Mueller. Here's Kaitlan Collins at the White House.

KAITLAN COLLINS, CNN WHITE HOUSE CORRESPONDENT: Yes, Michelle and Dave, the White House is ramping up its fights to push back on those congressional subpoenas as they say they are trying to conduct oversight. And the White House is saying that it's overreached.

CNN has learned that the White House may seek to prevent Don McGahn, the former White House counsel from complying with that subpoena that he recently got from House Democrats to come and testify into their probe into potential obstruction of justice.

Now, behind the scenes, there is no final decision yet on what's going to happen. But as these discussions are moving forward, we're told that the White House is weighing whether or not they should assert executive privilege over conversations that McGahn has had with the President or if other measures should be taken.

Now, the House judiciary chairman, Jerry Nadler, does not seem very pleased by reports that the White House may seek to prevent McGahn from testifying saying in a statement tonight in part and I'm quoting them now, the moment for the White House to assert some privilege to prevent this testimony from being heard has long since passed.

Now, of course we know that behind the scenes, Don McGahn's attorney has been in discussion with the House Judiciary Committee. But they have not heard a final say yet on whether or not he's going to sit down with them. Dave and Michelle?

KOSINSKI: Nancy Pelosi slamming the Trump administration as an existential threat to our democracy. The House speaker attacking the White House with its fight with House Democrats over the release of the unredacted Mueller report. She says the administration has engaged in behavior quote, beneath the dignity of the office. On impeachment though, she is taking a wait and see approach.

(BEGIN VIDEO CLIP)

REP. NANCY PELOSI (D-CA): I do believe that impeachment is one of the most divisive forces -- paths that we could go down to in our country. But it's a path fact finding takes us there, we have no choice. But we're not there yet.

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KOSINSKI: Pelosi says, the attorney general, William Barr, is offered to show just a few select members of Congress a less redacted version of the Mueller report was a ruse. Adding, they want to obstruct subpoenas.

BRIGGS: Jared Kushner meanwhile facing a lot of pushback for his stunning dismissal of Russia's interference in the 2016 election. The President's son-in-law and adviser, is not only downplaying what Russia did. He's suggesting the Mueller investigation was more harmful to the nation.

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[04:05:00] JARED KUSHNER, SENIOR ADVISOR TO THE PRESIDENT: The whole thing is just a big distraction for the country. When you look at, you know, what Russia did, you know, buying some Facebook ads and try to so descent and do it. And it's a terrible thing. But I think the investigations and all the speculation that happened for the last two years has had a much harsher impact on our democracy than a couple of Facebook ads.

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BRIGGS: A couple of Facebook ads. For the sake of accuracy, Special Counsel Mueller found there was an extensive effort by Russia to manipulate the election via social media. Mueller called the interference quote, sweeping and systemic.

KOSINSKI: Plus, they're attacking.

BRIGGS: And all of that. CNN Business is a record breaking day on Wall Street. The stocks climbed passed their all-time highs. The S&P 500 reached 2,933 points breaking its September high. And Nasdaq hit 8,120 points beating the all-time best close it hit in August. The Dow finished the day, 145 points higher.

First quarter earnings were the catalyst for the rally with health care, technology, and consumer stocks all climbing higher. Hasbro, Twitter, and Quest Diagnostics were among the best performers of the day. Last year, the S&P and Dow recorded their worst Christmas Eve trading days ever. Since then stocks have been raising steadily. The S&P 500 is up 17 percent this year. While the Nasdaq and the Dow have climbed 22 and 14 percent respectively.

KOSINSKI: Breaking moments ago. Terrorists in Sri Lanka were planning a second wave of attacks across the country. That's according to intelligence operations since Sunday's attacks. The death toll in the Easter Sunday bombings has now climbed to 359. Will Ripley is live from Colombo, Sri Lanka with the latest developments. Will, it seems like the story just becomes more complex and disturbing every day.

WILL RIPLEY, CNN INTERNATIONAL CORRESPONDENT: It does. And I think the key reason for that, Michelle, is that it's becoming increasingly clear by the hour, the more information we get that the danger here in Sri Lanka is not over. That NTJ has been planning a second wave of attacks across Sri Lanka. The Easter Sunday bombings were just the first wave.

And even though dozens of suspects have been arrested, authorities are acknowledging that they don't necessarily have a handle on the full scope of all of this, the extent of the danger and the extent of those who may still be out there on the streets here in Colombo and other parts of this country right now.

We know that any intelligence was warning the Sri Lankan government in the weeks leading up to the Easter Sunday bombings that there was an attack imminent. They spoke with a key suspect and ISIS operative. They interrogated this ISIS operative who said that he trained people from Sri Lanka. He trained them how to build bombs, how to carry off an attack that bears all the hallmarks of ISIS in terms of its brutality, the shock value of it. And of course, the targets themselves, hotels full of foreigners and churches full primarily full of Christians.

And we know more about these suspects. We're learning that they come from well-to-do families. They were financially independent. They're not members of these disenfranchised communities that often are associated with people who turn to ISIS. These are people who were educated, who have the ability to travel in and out of this country without raising any red flags. And they were financially independent, meaning, that the money would have been very difficult to trace.

These people simply weren't on the radar. And so, coming to grips with all that, here is a government that ignored the warnings, a government now in the midst of a shake up of its security personnel. The prime minister, the president promising that they will make changes at the very top, to change the way that they investigate and respond to terrorist threats.

But in this moment, those changes haven't happened yet and the danger may still be out there. Back to you.

KOSINSKI: Now, the coordination is just chilling. Thanks Will.

BRIGGS: All right to a stunning story now, in a Phoenix teenager in police custody for allegedly saying, he wanted to blow up a Muslim church. Several pounds of potassium nitrate were found in the 15- year-old possession at the school. Potassium nitrate can be mixed with other chemicals to create an explosive. Arizona police searching the teen's social media to determine a motive and how serious he actually was about carrying out this threat.

KOSINSKI: More news breaking overnight, a driver slamming into pedestrian on a sidewalk in Sunnyvale, California. Eight people were hurt, including a 13-year-old. The unidentified male driver is now in custody. All eight victims are at the local hospital. Police believe it was an intentional act. Witnesses told police, there were no signs this driver attempted to slow down. Authorities don't know if there's any relationship between that driver and the victims.

BRIGGS: Body cam and surveillance footage now really showing the police shooting near Yale University, a shooting that's led to a week of protest. Police officers from Yale and nearby Hamden, Connecticut stopped the car just after 4:00 a.m. on April 16th.

Police received a call saying the driver, an African-American man, was involved in an attempted armed robbery. Hamden officer, Devin Eaton's body cam shows him approaching the Honda from behind. The driver opens the door starts to get out. Eaton runs to the right side of the car and fires shattering the window.

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[04:10:11] UNIDENTIFIED MALE: Twenty shots fired Argyle Street, with the car, with the car.

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KOSINSKI: The passenger, Stephanie Washington was the one shot and wounded. The driver, Paul Witherspoon was not hurt. His uncle actually commends the state police for their investigation but he wants action.

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RODNEY WILLIAMS, PAUL WITHERSPOON'S UNCLE: I just feel like based on the amount of information, like a puzzle, they got 100 pieces, 98 pieces out. You know, two pieces that he's looking for, and he didn't really do anything to change it. These officers need to be fired.

(END VIDEO CLIP)

KOSINSKI: There's no audio in the first part of the body cam footage. And it's unclear from the video why Eaton started shooting. No gun was found at the scene. Both officers are on administrative leave.

BRIGGS: A long national wait is almost over. Joe Biden set to launch his 2020 presidential campaign tomorrow with an online video. The former vice president's team has been laying the groundwork for months. Sources telling CNN, Biden plans to hold his first campaign event in Pittsburgh on Monday.

He'll then visit the early voting States of Iowa, South Carolina, and New Hampshire. Biden will be the 20th Democrat to enter the 2020 race. One lingering question, his ability to fund raise, particularly on the small donor grassroots level that's become increasingly important, nonetheless, he enters as a front-runner who he drowns out, we will see in weeks ahead.

KOSINSKI: Yes, the big 2-0. Well, a 3 years old crying and alone, wandering near the border. A lost child found by border agents, a devastating reminder of an ongoing crisis.

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[04:15:55] KOSINSKI: A coast guard officer accused of planning a terror attack also searched the internet for addresses of Supreme Court judges and the best gun to use to kill black people. Christopher Hasson pleaded not guilty last month to weapons and drug charges. He allegedly planned to murder Democrats and media figures.

BRIGGS: According to a newly released court documents, he conducted an internet search asking, are Supreme Court judges protected about two weeks before searching for the home addresses of two unnamed justices. In 2017, Hasson allegedly searched white homeland and when are whites going to wake up? Once later prosecutor say, he searched, please god, let there be a race war.

KOSINSKI: A helpless young child putting a human face on the crisis at the border. A 3-year-old boy found all by himself in the middle of a corn field at the Texas border. Border patrol agent say, the child was crying and had his name and phone numbers written on his shoes. U.S. Customs and Border Protection are still trying to reach the child's family. They say the boy may have been with a larger group that took off when they encountered agents. Authorities say, this isn't the first time it has happened and unfortunately is unlikely to be the last.

BRIGGS: Family separations at the southern border are still under discussion and the Trump administration even though the acting homeland secretary denies it. According to a White House official senior advisor, Stephen Miller, is still driving those discussions. And President Trump remains quote, receptive. Earlier, acting DHS secretary, Kevin McAleenan, have told NBC, the policy resulted in quote, loosing public trust. He has said from an enforcement perspective. It's not worth it.

KOSINSKI: Pacific Gas and Electric wants to pass the buck to its customers. The bankrupt California utility requesting a rate hike to offset billions in fines and liabilities from devastating wildfires. PG&E says it is probable that its equipments started the 2018 campfire. California's deadliest and most destructive when a power line touched nearby trees.

Now, the company is asking state regulators for permission to charge California rate payers an average $22 more each month. Despite all that, a federal judge just approved plans for PG&E to pay $235 million in employee bonuses this year.

BRIGGS: A former sports reporter was accused New Sacramento Kings coach, Luke Walton, of sexual assault. Told reporters she was scared to report the alleged incident. Kelli Tennant says, she suffered physical injuries along with mental and emotional distress. She says, Walton forced himself on her in a California hotel room about five years ago.

(BEGIN VIDEO CLIP) KELLI TENNANT, LUKE WALTON ACCUSER: Out of nowhere, he got on top of me and pinned me down to the bed and held my arms down with all of his weight while he kissed my neck and my face and my chest. He continued to laugh at all of my please to get off and to stop. I thought he was going to rape me.

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BRIGGS: Walton's attorney called Tennant quote, opportunist and said her claim is not credible.

[04:19:08] KOSINSKI: And already saturated Midwest and South are gearing up for another round of rough weather, the forecast coming up.

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KOSINSKI: Rain moving into the Midwest as Texas faces its third day in a row of severe weather with a risk of flash flooding. Let's get to our CNN meteorologist.

PEDRAM JAVAHERI, CNN METEOROLOGIST: Yes, Michelle and Dave, it's been a rough couple of days across portions of Texas, the flooding risk now very high across this region. We've got the gulf moisture coming in, a very nice strong jet stream here digging farther towards the south.

And with it, yet again, another severe weather day here impacting upwards of 13 million people, Austin, San Antonio, Corpus Christi, Houston, and as far north as Tyler, Texas here in line for the highest threat of severe weather and once again winds and hail be predominant threat, for example the last 24 hours, there was a risk for isolated tornadoes. There were none to be had across Texas. So at least that element of good news is there.

But we know this particular system has what it takes here to produce heavy rainfall across some very dense, metro areas. So certainly the flooding becomes a major risk. And then if you look at how much rainfall we're talking about, generally 2 to 4 inches over the next couple days, even stretching as Far East to Southern Louisiana as we go in towards Thursday. So the flood watches and flood warnings have prompted across these areas that have seen the heavy rainfall in recent days.

But how about this, Chicago up to 62, Minneapolis, a comfortable 73 degree day, while down in Atlanta, temps soar to 84 degrees. Guys?

BRIGGS: All right. Pedram thanks.

[04:25:00] So Oklahoma City Thunder going home and it was painful in their final moments.

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UNIDENTIFIED MALE: Lillard, long way three. That's good.

(END VIDEO CLIP) BRIGGS: How about that shot from Damian Lillard, capping a 50-point night with that nearly 40 foot shot at the buzzer, sending the Trail Blazers to the second round of the playoffs. Portland will face the Denver. San Antonio Nuggets lead that series 3-2.

KOSINSKI: Now, you are getting excited about that.

BRIGGS: Oh, that's one of the great shots you'll ever see at the buzzer --

KOSINSKI: Calm down. Calm down everyone.

BRIGGS: -- ever, any level, gutsy.

KOSINSKI: You mean that guy throwing a ball into a hole?

BRIGGS: Oh, you are a die hard sports fan.

KOSINSKI: Another guy throws ball into hole. Jeopardy champ, James Holzhauer, just keeps rolling.

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ALEX TREBEK, JEOPARDY HOST: You're going to add $50,000. That takes you up to $118,816 and now, a 14-day total of 1,061,554.

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KOSINSKI: The professional sports gambler dominating the competition again. Holzhauer just becoming the second contestant in the show's history to win more than $1 million, the other is all-time Jeopardy champ, Ken Jennings, it took him 30 games to top the million dollar mark. Holzhauer took just 14 games.

BRIGGS: All right, I'm tuning in today and see where he goes.

KOSINSKI: How about that brain power? Brain power.

BRIGGS: How would you fare on Jeopardy?

KOSINSKI: I'm not sure. I'd like to try it maybe.

BRIGGS: All right, ahead Democrats stonewalled as they look for information from the President and his aides. Now, the President himself, telling aides not to cooperate.

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