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The Situation Room

Early Voting Kickoff In Georgia, Texas Breaks Records, Some Americans Waiting Hours To Cast Ballots; Interview With Former CDC Director Thomas Frieden; Trump Continues Large Rallies; First Lady Reveals That Barron Trump Tested Positive For COVID-19; Massive Trump Conspiracy Theory Is Shattered As Probe Of Obama Officials End Without Charges; Sen. Richard Blumenthal (D-CT) Is Interviewed About Trump's Supreme Court Nominee. Aired 6-7p ET

Aired October 14, 2020 - 18:00   ET

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


[18:00:32]

ANNOUNCER: This is CNN breaking news.

WOLF BLITZER, CNN HOST: We want to welcome our viewers here in the United States and around the world. I'm Wolf Blitzer in THE SITUATION ROOM.

We're following the pandemic that is gripping this country and the world, for that matter. And it's taking another very dangerous turn for the worse.

Our map showing the rise in new cases here in the United States says it all, mostly red, not a hint of green. That means no state, no state is moving in the right direction, as the U.S. death toll climbs above 216,000 and total cases in the U.S. surpass 7.8 million.

And as President Trump heads to another campaign rally expected to defy COVID guidelines, the first lady has just revealed that their son Barron Trump had the virus, like his parents. She says he had no symptoms and now tests negative.

All this as we're now 20 days from the presidential election and early voting in Texas is breaking all sorts of records for a second day. It's one of multiple states where some Americans have had to wait for hours and hours simply to cast their ballots.

First, let's go to our chief White House correspondent, Jim Acosta.

He's at the site of the president's rally tonight in Iowa.

Jim, it turns out the coronavirus hit the first family in a way we didn't know until now.

JIM ACOSTA, CNN CHIEF WHITE HOUSE CORRESPONDENT: That's right, Wolf.

The first lady said earlier this afternoon that Barron Trump, the president's youngest son, did test positive for the coronavirus in recent weeks. The good news is, is that Barron did not feel any symptoms and has since tested negative. And the president was asked about Barron testing positive for the

coronavirus, and he said to reporters earlier this afternoon that Barron is doing just fine.

In the meantime, the president will be here in Iowa at the Des Moines Airport just a short while from now for this rally later on this evening. But, as we have seen at other rallies -- we're seeing it again here tonight -- Trump supporters filing into this space, not wearing masks, not practicing social distancing.

But as one Trump supporters told us earlier this afternoon, "If I get sick and die, I guess it's my turn."

(BEGIN VIDEOTAPE)

ACOSTA (voice-over): Slumping in the polls with 20 days until the election, President Trump is sounding more detached from reality, arguing that many Americans can go back to their pre-pandemic lives, even as coronavirus cases are soaring across the U.S.

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: We must allow lower-risk Americans to resume normal activity.

ACOSTA: The president is boasting about the large crowds at his recently resumed rallies, despite warnings from health experts that they are potential super-spreaders.

TRUMP: We're having lines of people, 30,000, 40,000, 50,000 people lining up to see a speech with one-day notice, and my opponent is getting 22 people, with working very hard to get them.

ACOSTA: Recovering from his own bout with the virus, Mr. Trump is claiming -- without evidence -- that people who've had COVID-19 are now immune from catching it again, when scientists warn that may not be the case.

TRUMP: Everyone fighting to recover from the virus, I feel your pain, because I felt your pain. And we will beat this virus together.

And for those -- who has had it here? Who's had it? Yes, a lot of people, a lot of people.

You're the people I want to say hello to, because you are right now immune. You're right now immune, or they say that.

ACOSTA: Even as some in his own party worry the president's medical misinformation may be alienating elderly voters, Mr. Trump is suggesting Democrat Joe Biden should be in a nursing home.

Another key demographic turned often by the president, suburban women, a problem President Trump tried to address in Pennsylvania.

TRUMP: Suburban women, will you please like me?

(CHEERING AND APPLAUSE)

TRUMP: Please. Please. I saved your damn neighborhood, OK?

ACOSTA: With this week's debate scrapped, the president and Biden will be holding dueling town halls on Thursday night.

Top administration health experts, including Dr. Anthony Fauci, have reviewed Mr. Trump's latest test results, with the National Institutes of Health saying in a statement: "They affirmed that all current evidence indicates that the president is not infectious for anyone else."

The president will go into that town hall without a key talking point, as federal prosecutors have concluded an investigation into some of the origins of the Russia probe without bringing any charges, blowing a hole in Mr. Trump's accusations against the Obama administration.

TRUMP: We caught them. And, by the way, that's Biden. That's Obama. They spied on my campaign. It's never happened before. It's treason.

ACOSTA: As for the president's latest rally in Iowa, where Democrats have rented out a Trump COVID super-spreader event billboard near the venue site, supporters say they're not worried about catching the virus.

[18:05:03]

UNIDENTIFIED MALE: I'm not worried. I figure, the sooner we all get it, the sooner we will be done with it.

ACOSTA (on camera): And you don't think that could lead to a lot of people dying perhaps from the virus?

UNIDENTIFIED MALE: I think the numbers are vastly inflated.

UNIDENTIFIED FEMALE: If I'm going to get sick and die, I guess it's my turn. But I trust God, and I'm not scared.

ACOSTA: But if you don't put yourself at risk, you might not die.

UNIDENTIFIED FEMALE: I put myself at risk every time I go to the grocery store, I go to McDonald's, I go to work, I do anything.

(END VIDEOTAPE)

ACOSTA: Now, the president's rally here in Des Moines, plus his upcoming schedule, are all indication that he faces an uphill battle in his fight for reelection.

The president later on this week will be in North Carolina and, yes, Georgia -- that's right, Georgia -- a state that should safely be in the Trump column by now.

And, Wolf, getting back to this rally that we're at right now, we should point out that there are very few people practicing social distancing, very few people wearing masks.

But I want to point out one thing. Behind the podium, where the president will speak later on this evening, the campaign has been very strategic about this, having those supporters wear MAGA masks to give the impression to people tuning in from home that people at these rallies are, in fact, wearing masks, when, in fact, that is a very small minority of the people who come to these rallies, Wolf.

BLITZER: Yes, very interesting, indeed.

Jim Acosta on the scene for us in Iowa at this rally, thank you very much.

I just want to point out that the first lady also described her conditions, suffering from coronavirus. Let me put it up on the screen in her written statement, what she said.

She said: "I was very fortunate, as my diagnosis came with minimal symptoms, though they hit me all at once and it seemed to be a roller coaster of symptoms."

And then she said this: "I experienced body aches, a cough and headaches, and felt extremely tired most of the time."

That statement from Melania Trump, the first lady of the United States. We're glad she's much better and their son Barron is much better. He's fine too, very good news. The president obviously is fine as well right now.

Let's get to the state of the pandemic here in the United States and the alarming indicators we're now seeing across the country.

Brian Todd is joining us. He's putting it all together for us.

Brian, we just heard an update from Dr. Anthony Fauci on the timeline for a COVID vaccine. What have we learned?

BRIAN TODD, CNN CORRESPONDENT: Right, Wolf, this just in from Dr. Fauci a short time ago.

He said a COVID-19 vaccine could be widely available to the public by April of next year, and that researchers should know by next month or December whether some vaccine trials have a safe candidate.

But this comes as we see some disturbing trends tonight in new infections and in hospitalizations.

(BEGIN VIDEOTAPE)

TODD (voice-over): A new field hospital opens in Wisconsin today, as the state sets records for deaths in a day. It comes as we get the starkest indication yet of a brutal start to the fall, 36 states trending upward in new coronavirus cases tonight.

No states are trending down in new cases, and for the first time in two months, America averaging more than 50,000 new cases each day.

DR. AMESH ADALJA, INFECTIOUS DISEASES SOCIETY OF AMERICA: We have got a lot of activities that are resuming. We have got sports all over the place with people in stadiums again. We have a lot of people getting back to work. We have schools open. We have people having kind of quarantine fatigue and trying to get back to some semblance of their normal life, having gatherings.

TODD: And there are new warnings about those gatherings, the White House Coronavirus Task Force and the CDC saying they're seeing an increased threat of virus spread from small household gatherings, where precautions often are not taken.

DR. ROBERT REDFIELD, CDC DIRECTOR: Particularly with Thanksgiving coming up, we think it's really important to stress the vigilance of these continued mitigation steps in the household setting.

TODD: Tony Green knows that threat too well. He held a small family gathering in Texas in June. From that event, he says, 14 people became infected and two of his relatives died.

TONY GREEN, FAMILY MEMBER OF CORONAVIRUS VICTIMS: I feel like a drunk driver that killed his family.

TODD: In two hard-hit areas, local leaders are cracking down. Oklahoma City seeing a rise in hospitalizations, is extending its mask ordinance until December 7.

New Mexico's governor, saying her state is approaching a point where the spread of the virus will be -- quote -- "uncontrollable," announces several new restrictions. Bars and restaurants serving alcohol have to close at 10:00 p.m., gatherings limited to five people.

In New York City the mayor says, while some hot spots have leveled off, the city is always at the threshold of getting back into trouble.

MAYOR BILL DE BLASIO (D), NEW YORK CITY: We are threatened with a full-blown second wave in New York City. If that happens, the entire city would have to go back to the restrictions we knew in March and April.

TODD: New York's governor expressing frustration with a sweet 16 party at this inn on Long Island last month which spawned nearly 40 new cases.

Citing pop-up clusters like that, he offers a sobering projection for the country.

GOV. ANDREW CUOMO (D-NY): This is not going away anytime soon. I think best-case scenario, we're looking at another year by the time -- even if everything works out well.

(END VIDEOTAPE)

[18:10:07]

TODD: And we have this just in from the University of Alabama, the school announcing that head football coach Nick Saban has tested positive for coronavirus. Saban issuing a statement himself, saying that, at the moment, he has

no symptoms. Nick Saban is 68 years old, we should note.

The school also saying that athletic director Greg Byrne has also tested positive for coronavirus. Both Saban and Greg Byrne are now isolating at home. Assistant coach -- actually, the offensive coordinator, Steve Sarkisian, taking over preparation duties for Alabama this coming week while the coach is at home, Wolf.

BLITZER: Very disturbing. We wish them, obviously, a very, very speedy recovery.

Brian Todd reporting. Thanks very much.

Joining us now, Dr. Tom Frieden, the former director of the Centers for Disease Control and Prevention.

Dr. Frieden, thank you so much for joining us.

And as you now know, the CDC, which you used to lead, is warning that small family gatherings are a growing source of the coronavirus spread. Does the news, for example, that the president's teenage son, Barron, also had the virus illustrate the agency's warnings about just how easily this virus spreads, especially among families, especially as so many families are getting ready for Thanksgiving?

DR. THOMAS FRIEDEN, FORMER DIRECTOR, CENTERS FOR DISEASE CONTROL AND PREVENTION: We know that this is a really contagious virus.

It's both more readily spread than flu is and it's deadlier by far than influenza is. That's why it's so important to do the simple things, wear a mask, watch your distance, wash your hands, and the indoor crowded spaces, that's where the virus can spread like wildfire.

And even though some people will do fine -- in fact, the vast majority of people will do fine -- because so many get -- so many people get it, you're going to have many deaths when you have many infections.

BLITZER: What is so disturbing, Dr. Frieden, right now, when we look at the big picture of how this virus is spreading across the United States, not one state is trending in the right direction.

Dr. Fauci is warning that the increasing test positivity rates that we're seeing in some places might mean a resurgence of cases is soon to come. Do you share that concern?

FRIEDEN: Unfortunately, we are going in the wrong direction now.

We're seeing cases increase. And this constant thought that there's just one thing we have to do that's going to make it go away, and the fact is, I think of it this way, Wolf. You need a one-two punch if you're going to take this virus out. The one is knock down spread with the three W's, wear a mask, watch your distance, was your hands, reduce risky indoor gatherings, increase ventilation. And then, for the cases that do occur, stop them quickly, box them in with rapid test, isolation, contact tracing, quarantining. What we saw in the U.S. is, cases came down some, but then we weren't boxing them in, we weren't crushing the curve in most places of the country, and then people came back out again, began having contact at homes and bars and restaurants.

And we're seeing the inevitable result of that. And what starts in young adults doesn't stay in young adults. It spreads to older people, people with underlying health conditions.

So, first you see cases, then you see hospitalizations, and then, tragically, you see the increase in deaths.

BLITZER: Yes. We certainly see all that.

You know, Dr. Frieden, as some White House advisers are reportedly pushing this idea of what's called herd immunity, you have just signed on to a report condemning it.

Why do you and so many other experts reject this approach, herd immunity? Explain what this is.

FRIEDEN: The concept really comes from vaccines.

When you vaccinate enough people, the disease stops spreading. And that might be 60 percent, 80 percent, 90 percent for different diseases. So, the hope is, if you can get the vaccine up that high, then the last 10, 20 percent of people are protected by the 70, 80 percent who've gotten immune.

There's a small group of people -- with zero scientific data -- who are saying, oh, let's just let it rip in society, let young people get it. In fact, Scott Atlas said, it's a positive thing, it's a good thing if young people get this, because then they will protect the rest of us. That's just fundamentally not how it works.

That misses the basic point that we're all connected, and any infection anywhere is potentially a threat somewhere else, because even if you feel fine and get over it with no problems, no long-term consequences, you might spread it to someone who dies from it.

And that's what we're seeing all over the country. The fundamental error of that herd immunity concept is this concept we can protect the vulnerable.

Well, they're all among us. We're all connected. It's not just people in nursing homes. That's not where most of the older people live. And about a quarter to a third of adults have some form of underlying condition. So there's no way to protect the vulnerable without protecting all of us.

BLITZER: Yes, Dr. Scott Atlas, one of the recently added White House medical advisers on this, who's spoken about herd immunity over the years.

[18:15:05]

Dr. Frieden, thank you so much for joining us.

FRIEDEN: Thank you, Wolf.

BLITZER: All right, just ahead, we're going to find out how long people are waiting to cast ballots in Texas and Georgia, as those states are shattering records for early voting.

And what does Barron Trump's COVID infection tell us about the outbreak at the White House?

Dr. Sanjay Gupta, he's standing by. We will discuss when we come back.

(COMMERCIAL BREAK)

BLITZER: We're back with the breaking news on how the coronavirus has impacted the president's family, the first lady revealing that their son Barron contracted COVID-19, but is negative right now.

President Trump says the 14-year-old is doing fine.

[18:20:01]

Let's bring back our chief medical correspondent, Dr. Sanjay Gupta.

Sanjay, can Barron's case tell us anything about how the virus spreads within households?

DR. SANJAY GUPTA, CNN SENIOR MEDICAL CORRESPONDENT: Well Wolf, it's really interesting.

If you look at households, generally speaking, and you say a household member has it, what is the likelihood that the other household members are going to get it, for a long time, people thought it was inevitable, of course, you're going to get it if you live in the same household. It's actually not.

Sixty percent of the time, household members don't typically get it, whether it's because people have been better about isolating or within the household there's actually not typically large groups of people, obviously, some households more than others.

But it's not that common, actually, or less common than not to actually have it spread within households. As you start to add more people to the mix, extended family, neighbors, whatever, that's when it gets to be increasingly a problem, Wolf, and that's what we have seen in many states around the country.

BLITZER: Is it possible, Sanjay, that Barron, the 14-year-old, got it first, asymptomatic completely, and then passed it on to his mother and father?

GUPTA: Yes. No, it's quite possible.

I mean, even though children, kids under the age of 18 are less likely to get sick, far less likely to get sick than adults -- and we can show these numbers -- they can still be sources of spread. You remember there was a big contact tracing study that came out of South Korea even that showed just how significant kids 10 and older were spreading.

I think Barron's 14 years old. So it's quite a possibility.

But, Wolf, take a look at these numbers since about a month ago, about three weeks ago, September 24. You have had a 13 percent increase in the number of children who have coronavirus. I think, Wolf, as kids have started to become more mobile, going to school and stuff, you are starting to see a corresponding increase in the number of cases.

Still very unlikely to get sick, 1.7 percent of hospitalizations just. But you do see them as a potential source of spread.

BLITZER: As you know, the CDC is now warning that small household gatherings are a growing source of the transmission. So what does that mean as we approach the holiday season, Thanksgiving's coming up fairly soon, when so many people are going to be traveling, visiting their families and, of course, having dinners?

GUPTA: Yes, Wolf, I mean, it's worrisome.

And I had this conversation with my own parents. They live in Florida. You know, they would be considered vulnerable patients, by virtue of their age. And they'd very much like to see their grandkids.

But we're not going to do it this year, because these sources of spread, when you start to bring in extended family, other people, it's worrisome. It's hard to maintain physical distance.

I mean, you're eating, so you can't wear a mask. And, you know, it's a tough decision. I don't mean to minimize it in any way. It's not easy. People will look at the data in their own community and see how much the virus is spreading there. And people are sort of forced to make their own calls, become their own amateur epidemiologist.

Where I live, we think that it's not worth it this year because we're worried about the amount of virus that is still spreading in the community.

We know, Wolf, going back to even may, looking at California, you remember there was confusion. Many cities that were essentially shut down still were having these spikes. Why? Well, it turns out that parties weren't happening in bars and restaurants, but they were happening in private residences. And they can be a significant source of spread.

BLITZER: Yes, it's so sad. So many families are not going to be able to have Thanksgiving dinner, especially if the weather is colder up north. Maybe, in the South, it will be warmer, they can go in the backyard and have dinner outside and spread out.

But up here in the North, it's going to be pretty chilly by Thanksgiving and certainly by Christmas and New Year's. All right, Sanjay, thank you so much, as usual. Appreciate it very

much.

GUPTA: You got it.

BLITZER: More breaking news just ahead on long lines for early voting in Georgia and Texas right now. Here's the question: Are racial disparities playing a role in the long wait times?

And a conspiracy theory pushed by the president of the United States is shattered, as an investigation of Obama officials comes up empty.

Our own Preet Bharara, he's standing by live. We will discuss it when we come back.

(COMMERCIAL BREAK)

[18:28:36]

BLITZER: Right now, we're only 20 days out from Election Day here in the United States, November 3, and early voters are heading to many polling places in droves already.

Let's get a check of how things are turning out in Georgia right now, where some voters actually waited for over 10 hours in line to be able to vote.

CNN's Amara Walker is joining us live from Cobb County in Georgia.

Amara, so what are you seeing on the ground right now?

AMARA WALKER, CNN CORRESPONDENT: Well, right now, the poll here in Cobb County is about to close in about a half-hour. So the lines are significantly shorter, as you can see, the wait time about 15 to 30 minutes.

But you're right, some really long wait lines around the state here. At this particular location, the peak wait time was about three hours. And part of the reason why we're seeing such long lines, Wolf, is that so many polling stations around the state are still having problems with the electronic poll pads.

Those are the electronic voter check-in systems that basically verifies a voter registration and then generates an I.D. card for the voter to vote.

[18:30:00]

Today, the Georgia Secretary of State, Brad Raffensperger, acknowledge that this is a statewide issue that we're seeing slowdowns in the system, because there just not enough bandwidth enough capacity as all the polling stations are logging into the state's e-net system, which is the digital data records system.

Now, here at this particular site, I'm told that on Monday, which was the first day of early voting, the system slowed down so much that it contributed to the five-hour-long wait time. Also in Gwinnett County, just east of here, on Tuesday, I'm told the system crashed altogether for a good half hour. This morning in Gwinnett, voters were complaining about the slow system.

So this is an issue that is continuing and we know at least here in Cobb County that the officials say that they are working on the system to optimize the system and they're hoping by the end of the week that things will be much better. But, overall, local election officials are saying that they are seeing a record turnout and just a lot of enthusiasm for this election. Wolf, back to you.

BLITZER: Yes, I give all these voters a lot of credit. Very patriotic Americans, waiting in long lines for hours and hours, simply to vote, which is the right thing to do. Amara Walker on the scene for us, thank you very much, from Georgia.

Let's go over to Texas right now, where early voting in the Houston area is breaking all sorts of records for a second day. We're joined by the Houston mayor, Sylvester Turner. Mayor Turner, thanks so much for joining us.

MAYOR SYLVESTER TURNER (D), HOUSTON, TX: Thanks, Wolf.

BLITZER: This record turnout, does that explain the long lines that some Houston voters are being forced to wait in right now?

TURNER: Absolutely. Wolf, yesterday, we broke an all-times record, over 128,000 people voted in Harris County alone. More people voted in Harris County than in the entire state of Georgia. And then today, based on the numbers that I have just received from the county clerk, we have gone over 100,000 today. And, look, we still have an hour-and- a-half to go before the polls close on this day.

So, early voting will continue through October the 30th. We are excited. And we are determined to vote even in spite of the voter suppression, those efforts that have taken place, we are -- people are pushing through.

BLITZER: Well, I want to talk about that voter suppression that apparently has been going on. Are you seeing any evidence, Mayor, of racial disparities in Houston, you're the Mayor of Houston, when it comes to how long people are being forced to wait in line to vote?

TURNER: Well, you know, Wolf, I've got to give a great deal of credit to our county clerk, Chris Hollins. He has set up a number of polling places throughout Harris County. And that has made a big difference. We've got drive-by voting. Now, the Republican Party here tried to stop that. They went to court on yesterday to stop that. But today, the court threw that out. So that's a tremendous plus.

You can also -- there will be a night when you can vote 24 hours. So even if you work past 7:00, or you get off of work at 10:00, there will be one 24-hour day of voting, so that's great.

So Chris Hollins, a young African-American, who is the County Clerk, and his team have simply been very innovative, very creative and they have made it possible, made it accessible for people to vote throughout Harris County. And, quite frankly, it has gone fairly well, quite well, I should say.

BLITZER: Well, that is really encouraging, Mayor.

As you know, the Texas governor, Greg Abbott, did issue an executive order limiting each county in Texas to only one drop-off location for people who want to vote with mail-in-ballots regardless of the size or the population of that county. Houston is clearly the most populous county in all of Texas. How much of an impact has that executive order had on people in Houston who want a safe and secure way to simply drop off their ballot but there's only one location in the whole county to do so?

TURNER: Well, it has made things more inconvenient, Wolf. As I tell you, Harris County is the largest county in the state of Texas, the third largest in the United States, more than 1,700 square miles. And so for the governor to restrict, of instead of there being 12 drop-off locations to reduce it down to one, that has made things more inconvenient.

But let me tell you, the flipside of that is that it has motivated people in this county, in Houston and Harris County, to be even more determined to vote. So I think it's having the opposite effect of what was attempted to stop people from voting or to make it inconvenient, and it was clearly voter suppression. But what was intended to serve as a high hurdle, I think, is driving people to the polls like never before.

People are determined to make sure to have their voices heard. Their vote is their voice. And I think this is one election cycle where people are not going to be deterred. I don't care how long it takes. I don't care if they have to stand there three, four, eight, 12 hours.

[18:35:01]

I don't care if they have to drive 50 miles, as some people are doing to drop off their mail-in ballots, they are determined for their voices to be heard in this election.

BLITZER: And they can still, of course -- still of course still mail in their mail-in ballots, right? They can drop them off at the box. They can stand in long lines or they can simply mail in their ballots, right?

TURNER: That is correct. They can -- some people are driving 50 miles to go to the one location at the NRFG Stadium to drop their mail ballots off -- ballots off. Some can actually go to the clerk's office and do that. Some can just put the stamp on and just mail them. And people are mailing their ballots early. And that's good news. Then if people want to just go in person, they're doing that as well.

I think in this election, people are voting like their lives depend on it because, quite frankly, their lives do.

BLITZER: Mayor Sylvester Turner of Houston, good luck to you and good luck to all the folks in Texas over there, huge, huge numbers voting, Texas and Georgia and so many other parts of the country right now. I appreciate it very much.

TURNER: Thanks, Wolf. Thanks for having me.

BLITZER: All right. Just ahead, the U.S. Justice Department finds no evidence of wrongdoing in the probe repeatedly pushed by President Trump. I'll ask the former U.S. attorney, Preet Bharara, about that. That's coming up next.

Plus Judge Amy Coney Barrett refuses to answer many substantive questions on this, the final day of her confirmation hearings. We'll have more on that when we come back as well.

(COMMERCIAL BREAK)

[18:40:00]

BLITZER: The U.S. Justice Department is ending its probe into President Trump's claims that Obama administration officials at the highest levels improperly requested the identities of anonymous individuals listed in various U.S. intelligence reports, a process known as unmasking. Prosecutors have found no evidence of any substantive wrongdoing.

Let's discuss this with our Senior Legal Analyst, the former U.S. attorney, Preet Bharara. Preet, thanks so much for joining us.

As you know, the president and his allies in Congress, the news media they have been stoking this theory of treasonous is, spying for years and years. Watch this.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: The unmasking is a massive -- it's a massive thing. It's a -- I just got a list. It's -- who can believe a thing like this?

They were spying on the campaign. They were doing actually worse than that.

The Obama campaign spied on our campaign. And they've been caught.

They got caught spying on our campaign. And it's treason.

It's a very grave crime. It's the biggest political crime in the history of our country.

(END VIDEO CLIP)

BLITZER: All right. So today, we learned that the investigation, Preet, found no evidence to back up any of those accusations. What do you say?

PREET BHARARA, CNN SENIOR LEGAL ANALYST: I say that probably means we're going to have a very disgruntled and irritated president who, time after time after time, likes to demonize his adversaries not just in the political way but by threatening law enforcement. This goes back and is of a piece with what he said during the campaign back in 2015 and 2016, the lock her up chants sometimes that he led himself.

With respect to this, you know, he has very little basis to be upset although he will be given that he's gone out of his way to push this investigation of the unmasking, which I don't even know if he understands what that process is and how it works and how members of his administration also engage in this, you know, somewhat standard practice in the intelligence community of unmasking.

When his own attorney general, hand-picked, one of his own hand-picked U.S. attorneys to conduct the probe, he can't claim it's deep state people who found no evidence of wrongdoing here. And lots of folks, even conservatives back when Donald Trump started to talk about this, didn't have an understanding of what statute might have been violated that's of a criminal nature. So not that surprising, it's par for the course for him.

BLITZER: You know, it's really amazing because so many times the president actually accused former President Obama, former Vice President Biden, you know, Director Clapper, Director Brennan, so many other U.S. officials, of actually committing treason.

Now, you're the former U.S. attorney for the Southern District of New York. Treason is a crime potentially -- you can get the death sentence for treason.

BHARARA: Yes, you can. And it's a very particular statute. It has particular meaning that requires among other things, you know, aiding and abetting a foreign enemy with whom we're in actual conflict, armed conflict.

So the president throws around terms -- there are some people who like to say that the president has committed treason. I've been asked to use that word when I've been on other programs, not yours. And I resisted using it because it has real meaning.

And if you start to get into that rhetoric about your political enemies and your political adversaries just because it's convenient, you're engaging in politics, it debases the whole idea of what Donald Trump loves to talk about, which is the rule of law. That's not rule of law conduct. That's not rule of law rhetoric either.

BLITZER: You know, it's really amazing when you think about it. The president today wouldn't even answer whether he would keep the attorney general, Bill Barr, in his administration if he were to win a second term. He's really not happy with Bill Barr, as we know. So what sort of pressure does that put on an attorney general with less than three weeks to go until Election Day?

BHARARA: Well, it's a good question. You asked Bill Barr directly that question a few weeks ago. I keep thinking about the interview you had with him. And when you asked him that question, you know, what does it feel like to have that pressure, what do you think about the president putting that kind of pressure on you, he said, I don't feel the pressure.

Now, you'd like to believe that he doesn't no matter what the president says.

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But the track record seems to belie that. The attorney general time and time again, including with the unmasking, has looked like he's been trying to push those investigations forward because the president wants. It looks like he tried to minimize the effect of the Mueller report with a misleading summary because the president wants.

Bill Barr's also said, and I think he made this clear in the interview with you, that he would not rule out some significant law enforcement action before the election. So it's not good that the president does it. It's not good that the president suggests that Bill Barr's job is on the line. He did the same thing before the 2018 election with Jeff Sessions and got rid of him immediately after.

And if Bill Barr really cares about his job, like some other people in the administration do, you wonder to what lengths he will go given his past track record.

BLITZER: Yeah, Bill Barr and the U.S. attorney who has investigated this, they found apparently no significant wrongdoing at all in the so-called unmasking. So, we'll leave it on that.

Preet Bharara, as usual, thanks so much for joining us.

BHARARA: Thanks, Wolf.

BLITZER: All right. Just ahead, questioning of Judge Amy Coney Barrett just wrapped up a little while ago.

I'll speak with one of the U.S. senators who questioned her today. That's next.

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BLITZER: The final day of questioning in the confirmation hearings for Judge Amy Coney Barrett's nomination to the U.S. Supreme Court concluded just a little while ago. Throughout her testimony yesterday and today, Judge Barrett avoided answering many substantive questions on controversial issues like the Affordable Care Act, abortion, disputed elections.

Let's discuss with Democratic Senator Richard Blumenthal of Connecticut. He's a member of the Judiciary Committee.

Senator, thanks so much for joining us.

As you saw personally because you questioned her, Judge Barrett repeatedly insisted she does not and will not allow her personal, her religious beliefs to affect her decision making when it comes to being a U.S. Supreme Court associate justice.

When you had the opportunity to question her today, you pressed her, for example, about a sensitive issue, marriage equality. What -- what did her answers reveal to you?

SEN. RICHARD BLUMENTHAL (D-CT): My questions, Wolf, had nothing to do with her religious faith or her personal beliefs. They had to do with her legal positions.

And I asked her whether those guarantees in the Constitution to marriage equality articulated in relevant Supreme Court cases were there in the Constitution. I asked her directly, were the cases like Obergefell or Lawrence v. Texas, they are fundamental principles of our Constitution correctly decided? She declined to answer. She refused to be responsive on those questions.

And also, Griswold v. Connecticut which held that contraceptive use cannot be banned criminally. It's a case decades-old. She refused to say it was correctly decided, and that she didn't know whether she would be in a majority.

So I think she has created almost an extension of the rule called the Barrett rule that questions are going to be avoided and ducked and dodged. I'm deeply disappointed.

But really, for the people of America, those couples, whether it is gay or lesbian couples or others who are in marriages or relationships, my heart goes out to them because she has created a level of apprehension that is really unbelievable.

BLITZER: But in refusing to answer, you know, those -- those kinds of questions, wasn't she simply following in the footsteps of almost all of the Supreme Court nominees who have come before the Judiciary Committee in recent years?

BLUMENTHAL: She's taken that trend, it's a very regrettable one, many steps farther.

But I'll tell you what also deeply angered me is the non-disclosures. And, in fact, CNN is reporting right now, additional seven speeches and potential documents that have not been disclosed, talks that she gave at Notre Dame and other events.

I use the 2013 letter that she signed that was undisclosed in a number of my questions. We wouldn't know about that document if CNN and other sources hadn't given it light and breath.

So I think that these nondisclosures show we should delay the markup. In other words, the initial vote on this nominee scheduled for 9:00 a.m. tomorrow. We should postpone it. We should have full review.

I said to her, if we had had a less rushed process, maybe you would have found these documents. Maybe you would have done disclosure better.

BLITZER: But bottom line, you don't have the votes. Democrats are in the minority, the Republicans are in the majority, right?

BLUMENTHAL: They have the votes on their side in the committee right now. They have the raw political power. But might does not make right. They are doing it because they can.

But we're making our case to the American people. We have brought real people into that hearing room who are affected by the potential destruction of protection of people with preexisting conditions, the impact on reproductive rights and on gun violence prevention.

[18:55:04]

I think we made -- or at least we have begun to make our case to the American people.

But these new disclosures, especially tonight by CNN, are really a bombshell.

BLITZER: Senator Blumenthal, as usual, thanks so much for joining us.

BLUMENTHAL: Thank you.

BLITZER: All right. We're going to have much more news right after this.

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BLITZER: Remember, only 20 days to go until the election here in the United States, November 3rd. But millions of Americans are voting right now, early voting is going on. You can go vote, wait in line or you can mail a ballot. You can drop off a ballot. Simply vote, it is so, so important.

Thanks very much for watching. I'm Wolf Blitzer in THE SITUATION ROOM. You can always follow me on Twitter and Instagram @WolfBlitzer. Tweet the show @CNNSitRoom.

"ERIN BURNETT OUTFRONT" starts right now.

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