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New Day

Government Struggles with Infrastructure and Voting Laws; Former Officers Trial Begins in Minneapolis; UCLA Upsets Alabama. Aired 6:30-7a ET

Aired March 29, 2021 - 06:30   ET

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

[06:30:00]

TOLUSE OLORUNNIPA, CNN POLITICAL ANALYST: That's something that may get some level of bipartisan support even if it doesn't get bipartisan votes in Congress. There are Republicans that could also talk about fixing the nation's roads and bridges and infrastructure. Then there's a broader idea of social infrastructure that the Biden administration has talked about and that includes things like anti-poverty measures, things like tax increases to pay for some of the infrastructure expenses. And those are things the Republicans are much less likely to get on board with.

So as they roll this out, as Biden goes to Pittsburgh and plans to roll out the first part of this plan, he's going to be talking about things that traditionally have had bipartisan support. And then as they roll out more of this overall package, they are going to be talking about things that Democrats and progressives like much ore and less about things that Republicans like. So they are breaking it up in a way to sort of introduce the country to the bipartisan part of this package and then talk more broadly about some of the ambitious things that he wants do in his Build Back Better agenda, which is very much in line with Democratic and progressive ideology and very far from what Republicans want to do with the country's infrastructure.

ALISYN CAMEROTA, CNN ANCHOR: But, I mean, Rachael, before they even get to infrastructure, there are some Democrats who believe they're facing an existential problem to democracy. And that's what you heard some of those lawmakers talking about, which is these, you know, voting restriction bills and laws that are cropping up in different -- basically Republican-led state legislatures are, you know, presenting a problem that you won't -- they won't be able to get anything done if these pass.

And so, for instance, when you heard Congressman Bowman there talk about HR-1, here's what's in HR-1, OK, a set of national voter registration and mail-in voting standards, which would give at least 15 days of early voting. Non-partisan redistricting commissions, OK? Use independent commissions so that you can't like gerrymander all this. Changes in campaign finance law. Requires super PACs and dark money groups to disclose their donors publically. New ethics rules for public servants.

Who objects to these? I mean doesn't -- don't these thing work for Democrats and Republicans, Rachael?

RACHAEL BADE, CNN POLITICAL ANALYST: Not on Capitol Hill. I mean they clearly face a really steep, you know, climb if they actually want to get something passed. And I'll just say right now, I'm really skeptical they can, not just because of Republicans, but also because of some Democrats.

I mean on the Republican side, that bill also restricts campaign finance contributions, as you just mentioned. Republicans, by and large, very much are supportive of the Citizens United ruling that came down from the Supreme Court just a few years ago and so I can't see them backing something like that. They also talk often about states' rights and how, you know, they actually support the idea of having an ID when you go to vote where Democrats very much oppose that, right?

So there's -- this is not going to get the 60 votes it needs to clear the Senate. But, again, beyond Republicans, you have to look at someone like Joe Manchin, the moderate from West Virginia, who's already said he has problems both with the substance of the House bill, he thinks it's too expansive, and also with the process that they're talking about. I mean there are some Democrats right now who are saying, can we potentially create a, quote, carve out for the filibuster for voting rights? Can we sort of make it just 51 votes to pass these changes to voting rights in the Senate? And, you know, Joe Manchin would need to vote for that because there's a 50/50 split in the Senate. And he has said he's not going to do that.

So, you know, Joe Manchin is a problem for the Democrats, both on the substance of that bill that they want to pass, but also on the process. I just don't see it going anywhere.

But I do think, you know, we're going to hear Joe Biden use the bully pulpit of the White House to very much push back against these Republican legislatures around the country who are trying to restrict access to voting. He mentioned on Friday that he was already -- his administration was already, you know, talking at the Justice Department about, is there anything they can do to make sure that people's fundamental right to vote is not being infringed on. I wouldn't be surprised if this ends up in the courts within a few months. But in terms of what they can do on The Hill, it's not going to be a whole lot because of that filibuster.

JOHN AVLON, CNN ANCHOR: Right, but, Toluse, I mean we have these competing priorities here. A lot of Democrats looking at these efforts in 43 states and saying, this is an existential threat to Democracy. But the Biden administration trying to make it infrastructure week finally.

Take a listen to what Reverend Raphael Warnock, senator -- new senator from Georgia, told Dana Bash over the weekend.

(BEGIN VIDEO CLIP)

SEN. RAPHAEL WARNOCK (D-GA): Oh, we can walk and chew gum at the same time. We've got to work on the infrastructure of our country, our roads and our bridges, and we've got to work on the infrastructure of our democracy. After all, the only reason we're able to get anything done, have the prospects of getting more done this Congress, is because people were able to show up and express their voices in their democracy.

(END VIDEO CLIP)

AVLON: Toluse, what are you hearing from the White House about whether they want to walk and chewing gum at the same time about these two issues, pursuing voting rights and infrastructure at the same time?

OLORUNNIPA: Yes, the White House has a different opinion.

[06:35:01]

They think that walking and chewing gum at the same time is incredibly different in the modern, political era where the nation's attention span is incredibly short and all manner of different things can grab that attention span. We just saw over the past couple -- several weeks as Biden wanted to focus on his American rescue plan, we saw mass shootings, we saw the border surge and the conversation got shifted away.

So, the White House and Biden administration and the president himself has -- have said that this is an issue about timing. The president said that previous presidents, the ones that have been successful, have been successful when it comes to timing and figuring out how to prioritize. And, for that reason, President Biden is not going to shift his focus away from his Build Back Better plan, his infrastructure plan, and start focusing now on thorny, political issues with very little chance of success in the current political climate like voting rights, like even an immigration bill, and trying to even focus more on the border. Biden wants to focus on the things that will likely get passed, which include $3 trillion, and not allow the conversation to get hijacked or shifted away from that.

And he realizes that as president all manner of things are going to come across his desk that he has no control over, but he does have control over what he focuses on and what he spends his political capital on. And in these first 100 days he wants to focus on this $3 trillion bill, which he thinks will be able to be the centerpiece of his -- of his agenda and of trying to keep the Democratic majorities in the midterms by saying, I delivered on my promises and getting sidetracked by other very important issues won't be -- will make it harder, in his opinion, to continue and to campaign on what he campaigned on in 2020.

AVLON: All right, Toluse and Rachael, thank you very much for joining us, as always.

Now, the murder trial against Derek Chauvin begins in just hours. So how soon will the jury see the George Floyd arrest video? We're going to discuss that, next.

(COMMERCIAL BREAK)

[06:40:59]

CAMEROTA: In just a few hours opening statements begin in the trial of former Minneapolis Police Officer Derek Chauvin. He's charged with murdering George Floyd after video seen around the world captured Chauvin pressing his knee to Floyd's neck for nearly eight minutes.

CNN's Omar Jimenez has more.

(BEGIN VIDEOTAPE)

OMAR JIMENEZ CNN CORRESPONDENT (voice over): The eyes of a movement, one that sparked protests worldwide in the name of George Floyd, shift to a courtroom in Minneapolis.

JUDGE PETER CAHILL, HENNEPIN COUNTY DISTRICT COURT: Anything else for the record?

JIMENEZ: Now, to opening statements in the trial of Derek Chauvin. The former Minneapolis police officer has pleaded not guilty to the charges he faces, second-degree unintentional murder, second-degree manslaughter, and third-degree murder in the death of George Floyd.

Outside the courtroom, emotions will be running high. There have already been multiple protests throughout the city, all the way up to the eve if opening statements.

MEDARIA ARRADONDO, MINNEAPOLIS POLICE CHIEF: They've done so peacefully and they've assembled and gathered peacefully. We will continue to expect more demonstrations.

JIMENEZ: But the destruction that happened in May 2020, in the aftermath of Floyd's death, is still fresh on the minds of city officials, and that's why the building that houses the courtroom has virtually become a fortress due to increased security measures with the mayor saying there's more to come.

MAYOR JACOB FREY, MINNEAPOLIS: Residents should be expecting a gradual increase in law enforcement and National Guard presence as we progress through the trial.

JIMENEZ: The first step in this trial --

UNIDENTIFIED MALE: How does that make you feel?

UNIDENTIFIED FEMALE: I'm OK with that.

JIMENEZ: Was getting through jury selection, which lasted exactly two weeks.

CAHILL: You will serve on our jury.

JIMENEZ: Resulting in 15 jurors, 14 of which will be a part of the trial.

CAHILL: This 15th juror was to make sure that we can have 14 people show up on Monday. JIMENEZ: Their identities remain unknown for now.

Sunday night a vigil was held. The Floyd family in attendance. A remind of what many feel is at stake.

PHILONISE FLOYD, GEORGE FLOYD'S BROTHER: I didn't ask to be in this fraternity that nobody wants to be a part of. I think about my brother every day, every night. I think about his kids. But (ph) they won't have to go through what we're going through.

JIMENEZ: As the trial moves forward, witnesses will be called by both prosecutors for the state and the defense for Derek Chauvin. Among what we know will be talked about --

UNIDENTIFIED MALE: Put them up on the dash.

JIMENEZ: A portion of a 2019 George Floyd arrest for which he was never charged but one where he ended up being sent to the hospital instead of jail, an interaction with police defense attorneys for Chauvin argued was similar to May 2020. A paramedic from that day in 2019 is also expected to testify.

CAHILL: The whole point here is we have medical evidence of what happens when Mr. Floyd is faced with virtually the same situation, confrontation by police, at gunpoint, followed by a rapid injection of some drug.

RICHARD FARSE, CRIMINAL LAW PROFESSOR, UNIVERSITY OF MINNESOTA: Our system of justice is a bit on trial. Can we give Mr. Chauvin a fair trial, because that's essential? Can we give the state a fair chance to find him guilty under the law and the evidence?

JIMENEZ: The trial is expected to last up to four weeks.

All the while a city, a family, a movement, watching anxiously over what criminal accountability looks like in the death of George Floyd.

(END VIDEOTAPE)

JIMENEZ: And before court this morning we're expecting a silent kneeling protest representing the amount of time Derek Chauvin's knee was on George Floyd's neck.

Court begins at 10:00 a.m. Eastern Time. This is a moment that has been a long time coming. Opening statements in a trial many see as a major step toward justice for George Floyd.

Alisyn.

CAMEROTA: Omar, we know you'll be watching every moment of it and bringing it to us. Thank you very much.

So, coming up, we have brand-new interviews with the nation's top health officials for the Trump administration's pandemic response. What Dr. Deborah Birx says the U.S. could have done to prevent hundreds of thousands of deaths. (COMMERCIAL BREAK)

[06:49:08]

AVLON: In just hours, opening statements will begin in the murder trial against former Minneapolis Police Officer Derek Chauvin. Chauvin is charged with unintentional second-degree murder, third-degree murder and manslaughter in the death of George Floyd.

Joining us now is CNN legal analyst and criminal defense attorney Joey Jackson and retired LAPD Police Sergeant Cheryl Dorsey.

It's good to have you both with us.

Sergeant Dorsey, I want to begin with you because one of the things that's hanging over this trial, one of the reasons the stakes feel so high, is that there is a pattern in this country of indictments against police officers not resulting in prosecutions. And we looked at data conducted by Bowling Green University, 104 sworn non-federal officers charged with murder or manslaughter between 2005 and 2019, only 35 convicted, around a third of those.

What does that stat say to you about the systemic problems that we're confronting as a country and how they may play out in this trial?

[06:50:04]

CHERYL DORSEY, RETIRED LOS ANGELES POLICE SERGEANT AND AUTHOR, "BLACK AND BLUE": Well, what it says to me is that great deference is given to a police officer's version of events and jurors find it very difficult to side against the officer, understanding that what we do is very difficult. We make snap judgment decisions. And jurors tend to believe that officers do basically the right thing for the right reason and for that they give them great deference and great -- great benefit.

AVLON: Now, Joey, you're a defense attorney and, you know, the whole world practically has seen this video of George Floyd. Given that, which frames this entire case in the public's mind, given that you're a defense lawyer, what would you do if you were on the defense for Derek Chauvin?

We're having some problem with the audio from Joey there. I think we're going to have to go to break.

JOEY JACKSON, CNN LEGAL ANALYST: I've got you now. My apologies.

AVLON: Oh, we've got you now.

All right, we're back. All right.

JACKSON: Apologies, John.

AVLON: Joey, take it from the top.

JACKSON: No worries. I think the first thing you'll certainly see the defense do is they'll

look to the issue of cause of death. I think they're going to attack that. And they really were, based upon the autopsy report, given information with which to attack it. The defense will look to everything else, to attempt to explain what that cause of death is. They will look to pre-existing conditions. They will look to see what, if anything else, was in George Floyd's system. They will look to cardio pulmonary disease, heart attack, everything but the issue.

The problem the defense has, John, in that regard is that you just have to establish, if you're the prosecution, that it was a substantial factor, that is the knee on the neck, not that it was the sole factor.

The next thing they'll do is you're going to see, without question, the issue of use of force and the applicability. What are the standards? What are the protocols?

They're going to look at finally the issue of George Floyd himself. They will attack the fact he was not complying. They will look and pivot to the prior arrest in which he was non-complying. They will look at issues of drug use. They will do each and everything to make him unsympathetic. Will that dog hunt is an open question. I think it will be very hard to, based on the visceral reaction that everyone sees when they look at that video and they say, my goodness, should we not believe our lying eyes. It's a touch case for the defense, John, to be clear.

AVLON: Great distillation.

Sergeant Dorsey, quickly before we go, you had been -- expressed a lot of concerned about the potential makeup of the jury. Now we know the makeup of the jury. It is decidedly young, the vast majority in their 20s and 30s, and diverse, more diverse than Hennepin County overall. We've got three white -- three black men, one black woman, two self- identified mixed race women in their 20s and their 40s. What does the makeup of the jury say to you about -- about the case that we're about to see unfold in front of us?

DORSEY: Well, we also have nine whites on the jury, so let's not pretend that they aren't in the majority. And, listen, while we have at least three or four blacks, are they jurors or are they alternates? Because if they're alternates, they won't really have any say in what ultimately happens in terms of guilty or not guilt. And so that concerns me. I don't know if those people of color were placed to placate us and lull us into a false sense of security or will they really have a say.

AVLON: This is a very important trial and conversation for the country going forward. I want to thank you both for joining us.

JACKSON: Thank you.

DORSEY: Thank you.

AVLON: March Madness now down to the Elite Eight, and that includes UCLA, which pulled off a huge overtime upset. "Bleacher Report" is next.

(COMMERCIAL BREAK)

[06:58:08]

CAMEROTA: UCLA upsets Alabama in an overtime thriller to punch their ticket into the Elite Eight.

And Andy Scholes is going to tell us what all of that means in the "Bleacher Report."

Hi, Andy.

ANDY SCHOLES, CNN SPORTS CORRESPONDENT: Yes, good morning, Alisyn.

Well, I'll tell you what, UCLA's improbable run in this NCAA tournament continues. The Bruins are just the second team ever to make their way out of that first four play-in game all the way to the Elite Eight. And UCLA really just jumping on Alabama from the start yesterday, opening up an 11-point halftime lead.

Alabama, though, fighting back. Time winding down in the second half. Down three. Alex Reese gets it, hits the three at the buzzer to tie the game. We go to overtime. But the extra period, it was all Bruins. They pull away to win this one, 88-78. They were pretty pumped heading to the locker room afterwards. The Bruins now going to face one seed Michigan tomorrow night for a spot in the Final Four.

Now, the overall number one seed in the tournament, Gonzaga, meanwhile, keeping their undefeated season alive with a huge 83-65 win against Creighton. The Bulldogs now three wins away from becoming the first unbeaten national champion since Indiana did it back in 1976.

The Elite Eight tips off tonight with a doubleheader. You've got the Houston Cougars going things started, taking on 12th seed Oregon State. Then Baylor taking on Arkansas. And then you've got two more games tomorrow.

And, Alisyn, I know you're almost as excited as me to watch my alma mater, the Houston Cougars, tonight trying to punch their ticket to the Final Four.

CAMEROTA: It's so true. What time is that happening?

SCHOLES: That's the early one, so I think 7:15 tipoff.

CAMEROTA: I am all over that.

Andy, thank you.

SCHOLES: All right.

CAMEROTA: Thank you very much.

And NEW DAY continues right now.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I know people are tired and we're just asking people to hang on a little while longer.

[07:00:03]

UNIDENTIFIED MALE: Had we mitigated earlier and actually done it, how much of an impact do you think that would have made?

UNIDENTIFIED FEMALE: There are about.