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Sources: Trump Fuming Over His Legal Team's Performance; Rep. Jason Crow (D-CO) Discusses The Opening Day Of Trump's Impeachment Trial; Sources: New York Federal Prosecutors Met With Resistance From DOJ Officials During Giuliani Ukraine Probe. Aired 7:30-8a ET

Aired February 10, 2021 - 07:30   ET

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

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[07:32:00]

JOHN BERMAN, CNN ANCHOR: This morning, sources tell CNN the former president was so upset with his defense team's performance that he was practically screaming at the television.

CNN's Boris Sanchez live near Mar-a-Lago in West Palm Beach. Boris, what have you learned?

BORIS SANCHEZ, CNN CORRESPONDENT: Good morning, John, that's right. People close to former President Trump indicate that he was furious yesterday watching his legal team present their case. The president -- former president nearly yelling at his television watching Bruce Castor meander and ramble through his presentation.

Candidly, allies of the president publicly are claiming that this was a success -- that it was part of strategy. But privately, they're being much more frank, acknowledging that this was a disaster.

And it presents very real worries among some of the president's friends and allies that he could have potentially opened himself up to real serious legal consequences because of the third-string nature of the legal team that he has assembled. One source telling CNN that the president would be f'ed if he were charged with a criminal -- if he was charged as a criminal.

Now, the president, of course -- former president unhappy with his legal team. It's not expected that he is going to testify. Obviously, though, this leads to a lot of questions as to what the strategy will be moving forward though, Alisyn.

ALISYN CAMEROTA, CNN ANCHOR: OK, Boris. Thank you very much for all of that reporting.

So, some of the 13 minutes of video evidence presented by prosecutors had never before been seen publicly, including the tense moments as rioters closed in on the House and Senate chambers forcing lawmakers to stop what they were doing -- counting the vote -- and evacuate.

Joining us now is Democratic Congressman Jason Crow who was in the House chamber that day. He also served as an impeachment manager for Donald Trump's first impeachment trial. Congressman, thanks so much for being here this morning.

REP. JASON CROW (D-CO): Hi, good morning, Alisyn.

CAMEROTA: So, Congressman, you -- we all remember that stirring photo of you in the chamber as the rioters were trying to break in and get in, and you were comforting your colleague there, Congresswoman Susan Wild. And, you know, that's a really frightening and heartrending moment.

And so having lived through it and having been an impeachment manager yourself, how do you think they did yesterday presenting their case -- the Democrats?

CROW: Well, the House managers did a fabulous job. I mean, the people that lived through this knew what happened, saw what happened -- you know, the senators, the House managers, those of us who were stuck in the gallery and surrounded by that violent mob. But it was really a good idea to paint the full picture to the American people about what happened. About how the president called those folks to D.C., poured gasoline, and then lit the fire.

The bottom line is those rioters wouldn't have been there, wouldn't have marched on the Capitol, wouldn't have rioted, and wouldn't have attacked the Capitol and murdered a police officer and brutally beat 140 others, and attempted to derail our democracy had the president not incited that insurrection. And that's what this case is about.

[07:35:10]

CAMEROTA: How do you think President Trump's legal team did?

CROW: Well, I think that they did a very bad job. But I also think that this is a red herring -- all of this discussion about whether or not Bruce Castor did a good job, whether or not the president was screaming at the T.V. or not. I mean, this is not going to be the first time that president -- that President Trump has screamed at his T.V. and it won't be the last. I guarantee you that.

A little bit of a red herring though because you could put the best lawyer in the world on the Senate floor this morning and it doesn't change the facts of this case. It doesn't change what happened. It doesn't change what we all saw and heard and we know to be true and know to be the facts. And that's what this case is about and nothing is going to change that.

CAMEROTA: You know, the majority of Republican senators voted that they do not believe the Constitution allows for a former president to be tried by the Senate.

Yesterday, we spoke to Sen. Kevin Cramer, Republican from North Dakota, and he gave his rationale and how he thinks there's a better way to go. Listen to him.

(BEGIN VIDEO CLIP) SEN. KEVIN CRAMER (R-ND): If he committed a crime -- if somebody thinks that there's actually a crime that was committed that would reach a guilty plea, then they should bring it to the U.S. District Court here in the D.C. -- in D.C.

(END VIDEO CLIP)

CAMEROTA: Try him in a courtroom. What do you think of that argument?

CROW: Well, it's probably the first time I've heard of either a defense attorney or somebody else say in defense of somebody that was accused of a crime to say well, arrest them then.

But that's not why we have impeachment. You know, the President of the United States has unique powers and unique capabilities. The president is somebody that is accountable to the United States Congress. That is the whole point of impeachment. That's why we have it.

And if we're going to create exceptions to it, whether it be a January exception, a December exception, those exceptions would swallow the whole rule and we might as well just get rid of it altogether. But the framers of the Constitution knew that because the president had unique powers to maintain the checks and balances, we needed to have this ultimate escape valve in impeachment to hold the president accountable.

That's why we're here because the president incited an insurrection, not just that resulted in the death of a police officer and others that day but attempted to specifically derail the electoral process and our democracy. This is the absolute reason why impeachment existed and exists to this day, and that's why we're having this trial.

CAMEROTA: Congressman, were you surprised that Sen. Bill Cassidy switched his vote yesterday. After hearing both sides, he decided yes, this trial is constitutional.

CROW: Yes, I was surprised by that -- pleasantly surprised -- much like I was surprised when Sen. Romney voted for impeachment the first time around.

And I think it just shows that rarely is it a case that you have this upswell of tremendous support by people that will have a change of conscience and try to go the right way in America. American history is not about a supermajority of people standing up and saying enough is enough. It's usually just a handful of people that exercise courage to do the right thing.

I remember President Biden, in his inauguration speech, said enough of us. You know, if enough of us stand up to say enough is enough, then we can affect the change and we can stand up against abuses.

So I hope that more folks continue to think very hard about what their duty and their conscience compels them to do. And I hope that Sen. Cassidy doesn't stop here. That he has the courage to do the right thing, to uphold his oath and to vote for conviction because that's what his duty requires him to do. That's what our democracy needs them to do.

CAMEROTA: Congressman Jason Crow, thank you very much. We always appreciate talking to you.

CROW: Thanks, Alisyn.

CAMEROTA: A public health official on the front lines fighting the pandemic lost both of her parents to coronavirus. She shares her personal story, next.

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[07:43:34]

BERMAN: This morning, coronavirus hospitalizations below 80,000 for the first time since mid-November. That curve is very promising. Ten percent of Americans have received their first dose of the vaccine. But the human toll of the pandemic continues to grow.

My next guest recently lost both of her parents to the virus. Harvey and Aviva Rubin tested positive for coronavirus in early December just two days apart. They passed away within two weeks of each other.

Joining me now is Dr. Rachel Rubin. She is the senior medical officer and the co-lead for Cook County Department of Public Health, which means, Dr. Rubin, that you've been fighting this virus personally for more than a year. What -- you had your first case in Cook County, January 23rd of last year.

So after all this work that you've been doing personally and professionally battling this virus, what was it like to get the news that, I guess, it was first your father had become infected?

DR. RACHEL RUBIN, SENIOR MEDICAL OFFICER AND CO-LEAD, COOK COUNTY DEPARTMENT OF PUBLIC HEALTH, PARENTS DIED FROM CORONAVIRUS: I was -- I was so upset, obviously. And I was hopeful at first but I also had no idea how they had gotten it. They were being so careful. So it really hit home with my father and then my mother that this virus is not something that other people get. Every one of us has been touched by it one way or the other.

BERMAN: It's so hard. And I know for someone like you who's been battling this with your head -- I know, your mind, your brain for so long, was it different when it sort of hit you in the heart?

[07:45:07]

RUBIN: Oh, yes. In fact, it was very difficult for me to watch the news and hear the statistics about how many people have died and, you know, I had to almost turn the T.V. off. And every day, I'm reading the statistics and looking at the trends in my own jurisdiction and it was very hard to see, especially if I looked at the community where my parents were living and seeing how many people were getting infected and dying. It really made it much, much more personal.

BERMAN: Now you did have a chance to speak with your father soon before he passed away. I guess you didn't know it was going to be your last conversation but what did you say?

RUBIN: Well, he wasn't all that communicative at that time. He was very tired but he was able to recognize me and it was by remote -- by a Zoom link. And he asked about my mom and that's all I really remember us talking about.

But I didn't know that it would be the last time. I really thought that I would be able -- and my sister, especially, who also lives in Chicago -- to be able to see him before he passed. But we were not able to do so --

BERMAN: And that's so hard.

RUBIN: -- and it was very hard.

BERMAN: And that's what so many people have gone through across the country -- 468,000, now, Americans have lost their lives. And I know it's hard for each and every person to go through this.

You told your father that your mother had coronavirus. How did he receive that?

RUBIN: I'm not sure that he quite understood that she was also sick. But in reverse, when he passed, we then -- my sister and I were allowed to go into the hospital where my mother was and tell her, and that was difficult. And we put my brother who lives out of town on a Zoom link, so he was virtually with us at the same time.

And we told our mother that our father had passed and she, I think, didn't even quite understand that he had been in hospice for a couple of days and that he had left the hospital. She just didn't quite, I think, process that. But she understood that he had died and it was difficult.

She didn't have a huge emotional response because I think she just didn't have the physical and emotional energy, because she was so sick herself, to respond. But I'm glad that the three of us were there --

BERMAN: Yes.

RUBIN: -- with her to tell her that.

BERMAN: Yes. Look, and that's one of the things over the last year -- so many people have been alone those last minutes. So it's a blessing that you were able to be there.

They both sound like pieces of work. Both of your parents sound like pieces of work, frankly, reading about them. And I just love the fact that your father was a community theater buff. Just tell me about them.

RUBIN: Yes, my dad was an actor. He was an actor his whole life. I mean, his career was as an advertising writer and then creative director. But he -- in his heart, he was an actor.

And as a kid, he'd be at work during the day and we'd be at school -- whatever -- and then he'd come home and have dinner and then he would be in rehearsal in the evenings. And so he wasn't always there in the evenings when he was in a production.

But he so loved sort of taking on a character. And it was wonderful when he would read bedtime stories. I remember especially when he would read to my younger sister bedtime stories like "Where the Wild Things Are" by Maurice Sendak.

BERMAN: Yes.

RUBIN: And he created all of the sound effects of the monsters and pretending there was music in the background. And he was just absolutely amazing in that. A very -- a very creative, engaging person.

BERMAN: Yes.

RUBIN: And my mother was a little more serious but they were -- they really were a good match.

BERMAN: Now, I know you cleaned out their apartment a few days ago and I know how difficult that can be. But I also know you found something in there which I think speaks to what you've been doing for the last year and speaks probably to the pride they had in your work battling this virus. What did you find?

RUBIN: Yes. When my sister and I were cleaning out their apartment about 10 days ago, there was a newspaper, the "Tribune," where I had been interviewed for something related to COVID as I and my partner in the health department have been all year. And there was my picture with the -- you know, they had saved that newspaper with my picture and it was open to that page and it was on their living room table. So I saw that and I kept it.

BERMAN: I'm sure.

RUBIN: Yes. So, yes.

BERMAN: I'm sure they were so proud of the work that you've been doing over the last year. So appreciative of everything you've done for all good reasons.

[07:50:01]

Listen, we're so sorry for your loss and we know how hard this is for all Americans. And we know this will only make you, no doubt, work harder going forward to keep all of us safe. So thank you very much for being with us this morning.

RUBIN: Yes, you're welcome.

BERMAN: There they are. That's Harvey and Aviva Rubin. May their memories be a blessing.

We'll be right back.

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CAMEROTA: New information about the potential criminal investigation into Rudy Giuliani for his role in the Ukraine scandal that led to Donald Trump's first impeachment.

CNN's Kara Scannell joins us now with her new reporting. Hi, Kara.

KARA SCANNELL, CNN REPORTER: Good morning, Alisyn.

Yes, so we've learned that New York prosecutors who were investigating Rudy Giuliani's activities in the Ukraine raised the prospect of obtaining a search warrant for his communications last year but they were met with resistance from officials at the Justice Department in Washington.

[07:55:06]

Sources tell my colleague Evan Perez and I that some of the pushback had to do with the election, then the ongoing election litigation. But there were also officials in Washington who thought it would be extraordinary to obtain a search warrant on an attorney who was advising the president as part of a foreign lobbying investigation.

And that's what the U.S. Attorney's office in Manhattan is investigating -- whether Rudy Giuliani did violate foreign lobbying laws by perhaps working on behalf of a Ukrainian official during his activities in the Ukraine when he was pushing for the removal of a then-U.S. ambassador and also pushing for the Ukrainian government to announce investigations into Joe Biden and his son, Hunter Biden.

Giuliani has maintained that he was working on behalf of then- President Donald Trump, and this is where there was some discussion within the Justice Department. It went as high as deputy attorney general Jeffrey Rosen, sources tell us. And Rosen subsequently issued a memorandum directing all DOJ prosecutors who wanted to obtain a search warrant for an attorney to go through additional layers of review.

Now, ultimately, no decision was made on a subpoena or a search warrant for Giuliani and his lawyer tells me that they have not been in contact at all with the Justice Department.

But this will be a test for the Biden administration and the Biden Justice Department. The timing of this is unclear but we do know that the Senate, just yesterday, announced that they would hold confirmation hearings for Biden's pick for attorney general, Judge Merrick Garland, beginning on February 22nd -- Alisyn.

CAMEROTA: Kara, thank you very much for all of that reporting -- John.

BERMAN: All right.

So it was an otherwise mundane virtual court proceeding in Texas, but it turned into a viral hit when a lawyer on the Zoom call had some issues. (BEGIN VIDEO CLIP)

JUDGE ROY FERGUSON, 394TH JUDICIAL DISTRICT COURT, TEXAS: I believe you have a filter turned on in the video settings. You might want to --

ROD PONTON, ATTORNEY: We're trying to -- can you hear me, Judge?

FERGUSON: I can hear you. I think it's a filter.

PONTON: It is and I don't know how to remove it. I've got my assistant here. She's trying to, but I'm prepared to go forward with it. I'm here live. That's not a -- I'm not a cat.

(END VIDEO CLIP)

CAMEROTA: No.

BERMAN: I'm not a cat.

CAMEROTA: No.

BERMAN: I'm not a cat.

CAMEROTA: I didn't know the cat spoke.

BERMAN: Three years of law school -- three years of law school for I'm not a cat, right there.

The lawyer, Rod Ponton, told CNN he had to use his secretary's computer for the hearing and suspects she or her daughter had last used the cat filter.

CAMEROTA: A likely story.

BERMAN: Sure. The video turned up on the court's YouTube page and the judge, himself, tweeted out a link to show how the justice system continues to function in tough times. And these were clearly the toughest of times.

CAMEROTA: Oh, cat-tastrophe.

BERMAN: As if this isn't bad enough?

CAMEROTA: I just didn't know that the cat talked. I read about this, John, but I haven't seen the video yet. This is fantastic -- cat- tastic. This is cat-tastic.

Do you think the cat --

BERMAN: How much more do you have here? I just need to know.

CAMEROTA: I have a lot.

BERMAN: All right.

CAMEROTA: Do you think the cat is available for -- to join Donald Trump's legal team?

BERMAN: Yes, but it's too pricey, right? Trump can't afford him. Trump can't afford him.

CAMEROTA: You know what, you're right. Feline law is pricey and rare -- a feline attorney. I'm not done, John. How much time do we have?

BERMAN: No, we're done. We're done.

NEW DAY continues right now.

(BEGIN VIDEO CLIP)

REP. JAMIE RASKIN (D-MD), LEAD IMPEACHMENT MANAGER: These powers must apply even if the president commits his offenses in his final weeks in office. In fact, that's precisely when we need them the most.

DAVID SCHOEN, DEFENSE ATTORNEY FOR DONALD TRUMP: This is not just about Donald Trump. This is about abusing the impeachment power for political gain.

UNIDENTIFIED MALE: A number of Republican senators said that they were disappointed in the Trump team's legal performance.

UNIDENTIFIED FEMALE: It's easier for them to talk about how bad of a case they presented today than it is to grapple with the facts.

UNIDENTIFIED MALE: These guys are not going to get -- athwart their base because they want to get reelected. I mean, it's just that simple.

(END VIDEO CLIP)

ANNOUNCER: This is NEW DAY with Alisyn Camerota and John Berman.

CAMEROTA: Good morning, everyone. Welcome to our viewers in the United States and all around the world. This is NEW DAY.

Day two of Donald Trump's second impeachment trial. The House managers will begin their opening arguments at noon and they have 16 hours to make their case today and tomorrow. Prosecutors will introduce more video evidence that they say directly connects Donald Trump's words to the deadly attack on the U.S. Capitol.

House Manager Jamie Raskin presented a chilling, 13-minute video of the former president's words, followed by his supporters parroting those words and then violently storming the Capitol.

Here is a clip of that video and we want to warn you we have not censored it.

(BEGIN VIDEO CLIP)

U.S. Capitol insurrectionists rioting in the Capitol.

(END VIDEO CLIP)