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New Day

Trump's Conspiracy Theories; Louisville Braces for Taylor Decision; Barrett's Record Under Scrutiny. Aired 6:30-7a ET

Aired September 23, 2020 - 06:30   ET

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

[06:30:00]

ALISYN CAMEROTA, CNN ANCHOR: All the Russian interference can kind of fall into a morass for, you know, Americans mentally. We've heard it before. It's hard to know what the nuances are.

Not this time. Your reporting spells out in, you know, vivid detail how these Russian trolls, last time around, in 2016, had to kind of use their creativity to sew division and come up with conspiracy theories. Not this time! They're just taking a page from President Trump's Twitter feed.

DAVID SANGER, CNN POLITICAL AND NATIONAL SECURITY ANALYST: Well, yes, Alisyn, that's pretty much the sum of it. You know, life's pretty good right now if you're a Russian troll. You're working from home and the president is coming up with much of your material.

You know, yesterday the FBI and the Department of Homeland Security's cyber division turned out a warning that said that people should be aware come election day that there may be a lot of false reports led by foreigners on the Internet about paper ballots, about delays, power outages, Internet outage outages, attacks, that would be exploited if there's a long recount.

But where have we heard all of that recently? It's all been coming out of the president's own tweets. And what's remarkable, as we went through a lot of what the Russians have been rebroadcasting on RT and Sputnik and their other channels, what they've been tweeting, what they've been putting up on FaceBook is that they're sort of taking this and amplifying it, sending it back into the digital bloodstream of America, and then it just starts getting spread around by real Americans so that the Russians no longer get thrown off of social media for inauthentic behavior.

JOHN BERMAN, CNN ANCHOR: The president is doing their job for them. That, I think, is what your report largely says.

And I was fascinated by what the FBI and Homeland Security put out yesterday because although they frame it and what foreign actors might do, the subtext seems to me that you have to be careful listening to the president of the United States.

Let me read to you from the statement. This is the FBI warning. Foreign actors and cyber criminals could exploit the time required to certify and announce election results by disseminating disinformation that includes reports of voter suppression, cyber-attacks, voter or ballot fraud and other problems, intending to convince the public of the election's illegitimacy.

Well, that's already happening. And it's happening from the president of the United States, not to mention his son, Don Jr., who almost literally said, you can't trust the election results yesterday.

So it seems to me -- we talk about trolls -- the FBI, to an extent, David, is trolling the president and telling voters, you can't listen to what he's saying right now because it's misleading you.

SANGER: Well, John, it's a little bit of a dangerous game for them because you may remember that it was just last week that Christopher Wray, the director of the FBI, was up testifying in Congress. And he was asked about election threats. And he put Russia first and barely mentioned China and Iran, which are long -- long distance second and third rate players in the election space.

And what ended up happening was that the president himself went after Wray on Twitter that evening, saying, you're always doing Russia, Russia, Russia. What about China? What about Iran? So what he's trying to do is not only feed the topic matter, which is getting repeated, but he's also trying to make the argument that Russia's no different than other players. And while certainly others are learning from the Russians, the Russians are in a league of their own, John.

CAMEROTA: Anna, let's talk about another big piece of news, and that is that Cindy McCain, widow of John McCain, obviously, has decided that he's going to endorse Joe Biden. Here is what she said on Twitter yesterday.

My husband, John, lived by a code, country first. We are Republicans, yes, but Americans foremost. There's only one candidate in this race who stands up for our values as a nation, and that is Joe Biden.

Tell us the significance of this.

ANNA PALMER, SENOR WASHINGTON CORRESPONDENT, "POLITICO": I think it's actually very significant in the sense that I spoke with Cindy McCain last year, interviewing her about some of the work she was doing around election and voting. And she, at that time, said she wasn't planning on endorsing or getting involved. She wanted to be a private citizen.

And this, I think, really comes out of that "Atlantic" report where the president was reportedly calling veterans suckers and losers, and that was just a step too far for her. I think she's also very aware that the president will likely come after her on Twitter or in other campaign speeches and I think she's very, you know, fine with that being the case.

I think this is a sign, though, you know, the McCain name among veterans, among people in the military is strong. And I think her coming out and being very forward-looking in terms of the election is going to potentially be significant for some of -- some of those voters.

[06:35:02]

BERMAN: How active -- I know you had a chance to speak with her -- how active do you anticipate that she will be in the ongoing campaign? And, keep in mind, Arizona could be a key swing state here. There's a new ABC News poll out seconds ago which shows it a very close race. How involved do you think she's be in Arizona and also how much will she lean into this issue of the president reportedly calling military veterans or people who die in conflict losers and suckers?

PALMER: I mean she knows the Bidens very well personally. They were there when she first met John McCain, actually. And so this is a long history, while John McCain and Joe Biden didn't agree on everything, even in her Twitter statement she says, you know, I don't agree with him on everything, it is a pretty strong endorsement. She has though, I would say, you know, hasn't been active in Arizona politics, hasn't been endorsing him and she is -- and the McSally campaign, you know, and John McCain, you know, kind of famously did not get along. I would be very surprised if she were to support Senator McSally in that race.

So, so far, I think, we're going to see this statement. I don't know that you're going to see her become a number one surrogate on the campaign trail. I do think she's an effective voice for Joe Biden when it comes to Republicans. There's already a lot of McCain alumni, staffers, and others who have already pledged their support for Joe Biden's campaign. So we'll just have to see.

CAMEROTA: Anna Palmer, David Sanger, thank you both very much for all of the reporting.

SANGER: Thank you.

CAMEROTA: Well, the city of Louisville is on edge awaiting a major announcement from the investigation into the deadly police shooting of Breonna Taylor. So we have the details for you, next.

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[06:40:34]

CAMEROTA: Louisville, Kentucky, is a city on edge this morning ahead of an announcement by the state's attorney general on potential charges against police officers in the shooting death of Breonna Taylor. A decision could come today.

CNN's Jason Carroll is live in Louisville with more.

So what's happening, Jason?

(BEGIN VIDEOTAPE)

JASON CARROLL, CNN CORRESPONDENT (voice over): Louisville on high alert. A state of emergency declared. Streets closed and while police say the city is not on lockdown, that's not how it feels to some of those who work and live here. UNIDENTIFIED FEMALE: This is unnecessary. They come out in riot gear

when we protest. Peaceful protest and they come out in riot gear.

UNIDENTIFIED MALE: I want to be safe and I want others to be safe, too. But, you know, I don't think it's a good idea for guys to come out and do stuff to other people's property.

CARROLL: Downtown businesses boarded up or closed, streets leading to Jefferson Square Park, the site of a Breonna Taylor memorial and gathering place of demonstrators, closed to cars.

ROBERT SCHROEDER, LOUISVILLE INTERIM POLICE CHIEF: The following steps were put in place both to protect the public and to facilitate First Amendment activities.

CROWD: Black lives matter.

CARROLL: Protesters who are demanding the officers involved in Taylor's death be prosecuted say all of the precautions are creating a sense of unease. So says Pastor Timothy Findley, who has organized past demonstrations, including one that led hundreds to peacefully protests outside Churchill Downs during the Kentucky Derby early this month.

PASTOR TIMOTHY FINDLEY, PROTEST ORGANIZER: We have not had the level of protest that I think would demand those kinds of preparations. And I think it's very, very provocative.

CARROLL: Adding to tension, an email sent by Jonathan Mattingly, one of the three officers who served that no-knock warrant when Taylor was killed. The email, sent to his police colleagues and first made public by "Vice News," calls protesters "thugs" and he writes that he and the other officers in the Taylor raid, quote, did the legal, moral, and ethical thing that night. Mattingly, who is on administrative leave, said he wanted to support police during a difficult time, saying, we aren't better than anyone. This is not us against society, but it is good versus evil.

Mattingly's attorney confirmed to CNN his client sent an email. No mention of Taylor by name in the lengthy email.

Last week, the city agreed to pay a $12 million civil settlement to the Taylor family and agreed to changes in police policy, including commanders approving search warrants before it goes to a judge seeking approval. But in the eyes of Taylor's mother, true justice comes when all of the officers involved that night are criminally charged.

As for the protests, here's what she told us during our interview late last month.

TAMIKA PALMER, BREONNA TAYLOR'S MOTHER: I think there'll be protests every day until justice is served.

CARROLL (on camera): And if justice is not served?

PALMER: I don't know. I just -- I hate to even think about that. CARROLL: Late Tuesday, the city's mayor released a video statement

saying he still has not been given any indication from the state attorney general's office in terms of when there might be a grand jury decision. The mayor says whatever that decision may be, he says the city will get through it together.

Jason Carroll, CNN, Louisville, Kentucky.

(END VIDEOTAPE)

CAMEROTA: We will be on stand by for that.

So what do we know about President Trump's front-runner for the Supreme Court? We look at her positions on health care and abortion, next.

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[06:47:53]

BERMAN: This morning, sources tell CNN that Federal Appellate Judge Amy Coney Barrett is the clear favorite to replace Ruth Bader Ginsburg on the Supreme Court. She spent still more time at the White House yesterday.

Joining us now, CNN chief legal analyst Jeffrey Toobin.

And, Jeffrey, we want to talk about Judge Barrett and figure out where she might be on some of the key issues facing the court. And I want to start with Obamacare, health care, because the court will hear a case on Obamacare on November 10th. And if Coney Barrett is confirmed before Election Day, conceivably, I imagine, she could be part of that case and hear it. And she has a record, at least a record in writing, on Obamacare. She, for one, supported religious conservatives who opposed the contraceptive care mandate in Obamacare and she also was directly critical of Judge Roberts in his decision on the original Obamacare case.

She wrote, Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute. He construed the penalty imposed on those without health insurance as a tax, which permitted him to sustain the statue as a valid exercise of taxing power. Bottom line here, again, though, is she was critical of the original decision, which gives you some sense of where she might be when the court hears this in two months.

JEFFREY TOOBIN, CNN CHIEF LEGAL ANALYST: Well, everything you look at with Amy Coney Barrett's record is -- shows why she is the favorite of the evangelical base to the Republican Party. I mean she is down the line, as far as we can tell, and she has not expressed her opinion explicitly on all these issues.

But opposed to Roe v. Wade, in favor of overturning Roe v. Wade, you know, against the constitutionality of Obamacare. And, you know, though -- that's why she's the favorite of the base of the Republican Party. You know, we go through this exercise where, you know, that's why

she's -- that's why she's chosen. And then when she's nominated, it becomes a big mystery what her views are. I don't think her views are -- are a mystery at all.

Let me just say, she is known as a very intelligent, very honorable person. She's 48 years old.

[06:50:00]

A Notre Dame law professor for many years. The mother of seven children, two of whom she adopted with her husband, from Haiti. I mean there is a lot to like about her. But let's not kid ourselves about why she's the favorite of conservatives, because she's very conservative.

CAMEROTA: Well, she says she doesn't let that color he judgment. Here's what she said in 2017.

(BEGIN VIDEO CLIP)

SEN. DIANNE FEINSTEIN (D-CA) (September 6, 2017): I think whatever a religion is, it has its own dogma. The law is totally different. The dogma lives loudly within you.

AMY CONEY BARRETT, NOMINEE 7TH CIRCUIT COURT OF APPEALS (September 6, 2017): It's never appropriate for a judge to impose that judge's personal convictions, whether they derive from faith or anywhere else, on the law.

(END VIDEO CLIP)

CAMEROTA: So just explain that, Jeffrey. How -- how is it possible that a judge's own personal convictions wouldn't color their decisions?

TOOBIN: Well, first of all, can we just say that Dianne Feinstein's questions were incredibly inept and wound up being a gift to Amy Coney Barrett because, you know, her supporters got to portray her as a victim of religious discrimination. And it is important to say that, you know, there are judges who are religious in many different ways and have different judicial views.

The -- there is nothing inappropriate, of course, about being a religious catholic, as Amy Coney Barrett is. The question is, you know, does that affect her judicial philosophy? And, you know, there have been religious Catholics on the Supreme Court with very different views. Antonin Scalia was a religious catholic. William Brennan was a religious catholic. Both of whom -- you know, one very conservative, one very liberal.

The point is not her religion. The point is her views. And that, I hope, is what the discussion focuses on, not what religion she is. I mean that is an inappropriate consideration, I think.

BERMAN: Yes. And I expect the Democrats will dance lightly, if at all, around that subject this time around. And I expect that Amy Coney Barrett, the judge, will have very solid, planned, incredible answers on that subject.

The reason I brought up Obamacare to begin with, Jeffrey, though, is because there's a clear record here, right? There's a record in her own writings. This is -- there's no ambiguity on where she stands on this and --

TOOBIN: And this is what -- and this is why she's being picked!

BERMAN: Right.

TOOBIN: I mean, you know, look at what -- you know, the president has said many times, he will appoint justices to the Supreme Court who will vote to overturn Roe v. Wade. I think what he means by that is he will appoint justices to the Supreme Court who will vote to overturn Roe v. Wade.

His views on Obamacare are very clear. He wants to get rid of it. His justice department, in the case we're talking about, on December -- on November 10th, is a challenge to every aspect of Obamacare. Amy Coney Barrett, based on everything we know about her, will vote to overturn Obamacare. I mean there is just no mystery about this. It's why she's being selected.

And just yesterday, the president said he wants nine justices on the Supreme Court because he wants to challenge mail-in voting. And he wants the Supreme Court to vote on that. How do you think Amy Coney Barrett is going to vote? He's putting her on the court to help him win re-election. In a political sense and in a very specific sense to throw out votes he doesn't want. I mean there -- you know, it's sometimes important to see what's right in front of you. And what's right in front of you is why Amy Coney Barrett is the leading candidate for this post.

CAMEROTA: I think one of the interesting discussions about abortion is that the country is generally divided. I mean almost split right in half about how they view it.

However, in the latest Gallup polls, 20 percent of the country -- oh, I should say only 20 percent of the country wants to outlaw it, OK? So you can feel differently about the different nuances of it, but only 20 percent wants to outlaw it. And that's ultimately, you know, obviously, what would happen if Roe v. Wade were done away with. And so it's just interesting -- I mean, obviously, we're segueing into a political stance here, but if the country does -- you know, would support the direction that this is going in.

TOOBIN: Well, this is why when Republican presidents nominate justices to the court, they try to pretend that it's some mystery what their views are about Roe v. Wade because they know the country is against them on this issue. But let's -- let's be clear, since 1973, when Roe v. Wade was decided, it has been the single most -- biggest obsession of the conservative legal movement to see that decision overturned, even though it's politically unpopular in the country.

[06:55:11]

They know it's politically unpopular in the country, but they want to do it anyway, but they want to do it in such a way that there's no political accountability for it. And, you know, but -- but, you know, don't kid yourself. When you -- Roe v. Wade is not just about abortion rights in the states, which is, of course, a very big issue. And if Roe v. Wade was overturned, abortion would be illegal in about a third of the country, you know, almost immediately because the states would move to ban it. But it's also the central goal of the conservative legal movement to get that case overturned. And if you look at Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, if she's nominated, there is very little doubt how they would vote, given the cases they've already decided at the Supreme Court, Kavanaugh and Gorsuch have lined up against abortion rights. Barrett has spoken about the issue elliptically, but I don't think there's any mystery. This is the stakes in this nomination.

BERMAN: All right, Jeffrey, thank you very much. Appreciate the perspective.

The nation's top health officials will be on Capitol Hill in just a few hours to testify on the state of the pandemic. What are the major questions they should face this morning? Dr. Sanjay Gupta joins us next.

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