Return to Transcripts main page

New Day

At Least 17 Mass Shootings Across the U.S. in Past Week; CNN Reports, Witness in Trump Case Told to Prep for Grand Jury Testimony; Trump Claims Absolute Immunity from Blame in Insurrection. Aired 7- 7:30a ET

Aired May 27, 2021 - 07:00   ET

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

(COMMERCIAL BREAK)

[07:00:00]

BRIANNA KEILAR, CNN NEW DAY: Hurricane-force winds and a chance for tornados in the west as the east coast eyeballs some major storms ahead of us. Let's bring in Allison Chinchar, our Meteorologist.

Okay. This, Allison, this is not how we want to get Memorial Day weekend under way.

ALLISON CHINCHAR, CNN METEOROLOGIST: No. And some people may be cleaning up today from the storms that we had yesterday because it was a very active day yesterday. 25 total tornado reports, nearly 250 severe wind reports, and a few large hail reports that were the size of tennis balls and even baseballs, and more is in store for today.

And this forecast is brought to you by Carvana, the new way to buy a car.

Now, when we talk about the areas of concern for today, some of those same areas that got hit yesterday could potentially get hit again today, but this is a much wider swath of the central portion of the country where we're talking about very large hail yet again, perhaps larger than golf ball size, damaging winds, tornados. The timeline will be mainly this afternoon going into the evening for the focus.

New Day continues right now.

JOHN BERMAN, CNN NEW DAY: I'm John Berman alongside Brianna Keilar on this New Day.

Breaking overnight, another life has been lost in the deadly shooting at the rail yard in California, the 17th mass shooting in America this week as the nation seems to become numb.

KEILAR: Prosecutors are investigating Donald Trump. They say that a witness to -- they've told a witness to prep for grand jury testimony. In this hour, we'll speak live with one person who is cooperating with them, the former daughter-in-law of Trump's top money man joining us in moments. BERMAN: Plus, a short time from now, the mother of fallen Capitol Officer Brian Sicknick will meet face-to-face with Republican senators and plead them to back the investigation over what happened into her son and so many others on January 6th.

KEILAR: And as America returns to normal, so does bad behavior, what a fan did to an injured NBA star during a playoff game that has many players incensed.

BERMAN: Welcome to our viewers in the United States and all around the world. It is Thursday, May 27th.

What the hell is wrong with us? That's what Governor Gavin Newsom is asking after nine people slaughtered by a gunman in a San Jose rail yard. This morning, flags were flying at half-staff at the White House in memory of the victims of the 232nd mass shooting in America this year, 17th in just the last week.

KEILAR: And overnight, a ninth victim died of injuries from this shooting in San Jose, nine Americans how showed up for work Wednesday morning and never made it home.

BERMAN: Joining us now, Andrew McCabe, CNN Senior Law Enforcement Analyst and former FBI Deputy Director. Andy, 17 in the last week, 232nd this year? Just step back, big picture. I mean, if you were at the FBI looking at this, this wave, what are we supposed to make of it?

ANDREW MCCABE, CNN SENIOR LAW ENFORCEMENT ANALYST: Well, John, yes, if I was still at the FBI, I would be thinking about how we could better respond to help our state and local partners at these horrific scenes. But in reality, there's not much we can do. We're already very good at that. We have so much practice. We do this every week, every day somewhere in America.

This is not a problem that the FBI or police or law enforcement can solve. This is a societal issue that is spiraling out of control, and it's one that our national political leadership has to put their hands around to try to do something about it. But yet here we are in the wake of another tragedy. There are more Americans dead, and, look, let's be honest, it's unlikely anything's going to happen to change this.

KEILAR: I think after any one of these, we start to ask, what is the thing that might have prevented this one from happening, and it becomes really a body of different things. Look, we're still waiting for information when it comes to the weapon or weapons, when it comes to, you know, motive definitely. We're still waiting for information. But, of course, types of weapons are an issue.

And as news broke of the deadly mass shooting in San Jose, Republican senators were on the Hill grilling President Biden's pick to lead ATF.

[07:05:03]

Let's listen to this. (BEGIN VIDEO CLIP)

SEN. TED CRUZ (R-TX): The AR-15 is one of, if not, the most popular rifles in America. It's not a machine gun. It's a rifle. Your public position is that you want to ban AR-15s, is that correct?

DAVID CHAPMAN, ATF DIRECTOR NOMINEE: I support a ban, as has been presented in a Senate bill and supported by the president. The AR-15 is a gun I was issued on ATF's SWAT team and it's a particularly lethal weapon, and regulating it as other particularly lethal weapons, I have advocated for. As ATF director, if I'm confirmed, I would simply enforce the laws on the books, and right now, there is no such ban on those guns.

(END VIDEO CLIP)

KEILAR: It's the gun he had on the SWAT team. It's similar to the weapon that my husband carried on combat tours. But, nonetheless, even the most Americans support a ban on it, Andrew. A weapons ban is dead on arrival. So why is it so controversial that he is personally opposed to banning this gun designed for maximum advantage and war?

MCCABE: Brianna, it's the same gun I carried as a member of the SWAT team and the FBI. Look, this is absolutely ridiculous. Can we step back for a minute and look at the fact that we are talking about who should lead the ATF, the agency responsible for enforcing the gun laws?

Here's a man with over 20 years' experience as an ATF agent, he's universally respected by police and law enforcement associations, he has the support of the law enforcement community, ATF community. He's very clearly the right person to lead that agency that has struggled for leadership for so many years.

The fact that he's willing to stand up and say, yes, these particular weapons are incredibly lethal, they were made for the battlefield, they are considered rifles, Senator Cruz? Sure. It's a rifle that was designed to kill people at war, and they're having an incredibly deleterious effect on our society right now.

So I think he's -- you know, I applaud his courage in standing up for his convictions. They are based on experience, not politics or having been influenced by the NRA, and I certainly hope he gets through this process.

BERMAN: Andrew McCabe, thank you very much. We're going to have much more on this ahead.

But, first, CNN has learned that prosecutors pursuing a criminal case against the Trump Organization have told at least one witness to prepare for grand jury testimony.

Joining us now is Jennifer Weisselberg, former daughter-in-law of Allen Weisselberg. She has been cooperating with investigators and has provided them with materials related to the Trump Organization. Jennifer, thanks so much for being with us. Have you been summoned to testify before a grand jury or told to prepare for such testimony?

JENNIFER WEISSELBERG, FORMER DAUGHTER-IN-LAW OF TRUMP ORGANIZATION CFO ALLEN WEISSELBERG: I have been contacted but I have not as of yet.

BERMAN: Not as of yet, but you do anticipate it?

WEISSELBERG: Yes.

BERMAN: What is the nature of the contact that you have with prosecutors and investigators right now?

WEISSELBERG: Currently, my attorney speaks to them. We check in weekly with updates on documents, financial documents as for my grand jury subpoena.

BERMAN: And the grand jury subpoena was for documents related to?

WEISSELBERG: All financials regarding my ongoing divorce, on the ongoing post-judgment divorce case, any financials I would receive as being part of the family.

BERMAN: And how much have you turned over?

WEISSELBERG: We've been turning documents over for a year-and-a-half, so seven boxes plus electronic documents.

BERMAN: Has there been any change recently in the type of contact or what they're asking for from you?

WEISSELBERG: It looks like they've done a full deep dive with the forensic accountants that were appointed by the grand jury before. Originally, they appointed me a lawyer and the grand jury forensic accountant.

And it looks like the taxes have come to pass and it looks like we're going next into the (INAUDIBLE) issues with cash and the city contracts.

BERMAN: The cash and how things were paid and how things went. Let me ask you this, because you've been very public with what you've turned over to the prosecutors. You've done some interviews now. Has there been any backlash or retribution?

WEISSELBERG: Yes. Allen Weisselberg is on my lease. He spoke about this. (INAUDIBLE) first learned that the taxes were legal, refused to show them and he had to guarantee my lease and said I can't show my taxes and pay stubs during the SDNY investigation. And I thought, why not. And that's when I thought, oh, there was a problem. With that said, I had no idea.

But that being said, Yesterday, I was served to leave my apartment within the next seven days, so it's a threat. It's a threat.

BERMAN: You were served to leave your apartment within the next seven days?

[07:10:01]

WEISSELBERG: Yes, they're kicking me out.

BERMAN: Why?

WEISSELBERG: I guess I'm not wrong about the information I'm getting.

BERMAN: Has Allen told you directly why he's kicking you out?

WEISSELBERG: I contacted Allen numerous times last year trying to discuss this privately, gracefully, with dignity inside the family, but Trump contacted Don Trump Jr. and said, Allen, we need to talk, and they refused to talk. I haven't talked to him since last June.

BERMAN: He's trying to force you out of your apartment?

WEISSELBERG: Yes.

BERMAN: What was it specifically do you think that you've done or said that has caused this happen?

WEISSELBERG: So, Monday night on another network, I appeared with Michael Cohen and Stephanie Winston Wolkoff. We've been though similar situations with the Weisselberg and the Trump ominous legal issues in the past five years, since 2015 and '16. There's really no difference to our stories. They happen to be friends or mothers from school, but I spoke details about the Trump payroll corps on that show. It was after the criminal probe came out that was directly on Allen, which I think he's always hidden behind the Trump Org, sort influence and power safely. But now it seems like with a individual probe on him, it just seems different, and something it up-leveled.

And so I spoke about how I know he's hiding money in escrow, confidentially having checks cut, hiding tax fraud, there's definitely tax fraud, there's definitely tax evasion. And I think there's just a lot of -- for the first time they seem really nervous.

BERMAN: For the first time they seem really nervous?

WEISSELBERG: Yes.

BERMAN: He was you're on a lease. You say you've been served. He's trying to force you out of your apartment now within the next seven days.

You told Erin Burnett that you think that Allen Weisselberg will flip. Why?

WEISSELBERG: Because starting in 2017, and Mark and I have this discussed this, Pomerantz, he started to change documents. There was a cleanup process. I witnessed it for nine months inside the organization.

BERMAN: Allen was trying to clean up documents inside the organization? WEISSELBERG: Yes. So numbers have changed. As part of the D.A.'s discussions, numbers have changed where compensation, for example, just to give you one example, for compensation, there was tax evasion, not reporting compensation.

All of a sudden, in 2017, it's showing up the numbers as it's supposed to properly be reporting. But there are compensation issues for tuition too that they'll -- to daunt (ph) himself.

BERMAN: Right, and paying tuition directly for your kids to go to private school. I understand that. But why specifically do you think Allen will flip?

WEISSELBERG: Because he's working so hard to clean up his side of the street, and he's 75, you know. Donald is in Washington. I don't know. It just seems like a different scenario.

BERMAN: Have you seen any evidence yet that he is cooperating, that Allen Weisselberg is cooperating with investigators?

WEISSELBERG: No. I don't know.

BERMAN: You don't know?

WEISSELBERG: I don't know.

BERMAN: So you think he's fighting this?

WEISSELBERG: Well, I didn't know he was deposed last July and August. The A.G. contacted me and so did the D.A. I didn't initiate this. But they contacted me on the heels of Allen being deposed, Gary Fishman, last September. And I've got to say, Gary Fishman and Mark Pomerantz together are now working on this case. They're really smart and it's a serious situation. So, you know, we'll see what happens.

BERMAN: Based on what you know of Allen Weisselberg and based on what you know of Donald Trump, what's going on now with them? You said you think they're getting nervous? Well, what does that mean? How does that play out?

WEISSELBERG: I mean, Donald is not happy. That means Donald is not happy and that's not a good situation to be in.

BERMAN: What happens when Donald Trump is not happy?

WEISSELBERG: Well, definitely retaliate. We know that.

BERMAN: What happens -- how does Allen Weisselberg behave in your experience when Donald Trump is not happy?

WEISSELBERG: He does anything to please and protect his boss, but he's no different. So he's in a very precarious, bad situation. You know, being the maestro of all the numbers and the one that has put the family business after -- starting with Fred in 1973, now this is a legacy that is so much bigger, anticipated with Donald becoming president and the global look at this case. BERMAN: Do you think crimes were going on even after Donald Trump became president?

WEISSELBERG: Yes.

BERMAN: What kind.

WEISSELBERG: Well, I don't know as far as the White House, and I can't speak to that. But in terms of the org, I still see the same compensation issues, the same gift packs (ph) issues in 2019 in the recent documents that came out. So I think that they just anticipated he would win. And there was no real difference to that. The same behavior was there.

[07:15:00]

I think they can try to clean up as much as they can, but taxes are finite.

BERMAN: You say, again, Allen Weisselberg is trying to push you out of our apartment now within the next seven days. Are you nervous for yourself or your safety?

WEISSELBERG: Mark Pomerantz asked the same thing back in March. He said, are you in danger, Jen? And I said, I think I'm fine. He goes, I think you're in danger? And I said, oh, okay. I'm just that naive that I just didn't realize, get up every day and I do the best I can with the situation, I just keep fighting and push forward. I tell the truth. I don't know. I just -- but -- I mean, I'd like to get an order protection. I just -- he's on my lease, you know, things are getting hot and heavy, obviously. It's heating up.

BERMAN: You know there are people out there who would look at you and say -- who do look at you and say, look, this is someone who is upset with her ex-husband and her ex-husband's family and that's why you're coming out now.

WEISSELBERG: Oh, no, no. No, it wasn't a terrible split in 2018. We both walked away and it happens, and I moved in 2019. Oh, no, this is not about money, no. And there was no motivation at all. I was called by them doing what I had to do. But I do believe in justice and I don't -- this is not indicative of my integrity. So, I've moved on from that family.

BERMAN: Did Allen Weisselberg ever ask you, in your mind, to do something illegal?

WEISSELBERG: Well, they're efiling joint tax returns for me and forging my name off my fund. They put in a really bad position.

BERMAN: What do you mean they are forging my name?

WEISSELBERG: Barry was signing checks, forging my name on taxes.

BERMAN: That's your ex-husband?

WEISSELBERG: Yes. I mean, I was kind of set up. I had to exonerate myself on some joint taxes, you know?

BERMAN: You say Donald Trump paid the tuition for one of your children to go to private school, correct?

WEISSELBERG: Correct.

BERMAN: And did you know about it at the time?

WEISSELBERG: Yes, yes. And Barry is at position, he speaks about Donald, Allen and himself with me every January and discuss what kind of compensation we'd get in lieu of our raise. So, in 2012, that was one child's tuition. Baron Trump went to the same school. And then in 2015, there was another, Donald paid for the first tuition.

BERMAN: There was a discussion that the tuition was in lieu of a raise?

WEISSELBERG: Yes.

BERMAN: So the tuition was explicitly part of the compensation?

WEISSELBERG: Correct. So when you get the same salary for 21 years and the same bonus and then the raise is paid in an apartment, in a car, in a tuition, that's an issue.

BERMAN: Were the taxes ever paid on the --

WEISSELBERG: Not indicated at all on the personal side, likely on the board side. My documents connect, and they're taking deductions on compensation inside the Trump payroll corps, you know, saving on lots of tax when they're being evasive, completely.

BERMAN: But Barry and you never paid taxes on the tuition, which was compensation?

WEISSELBERG: So, right, I did not know that this with was the dialogue until I read Barry's deposition when he discussed it in his deposition. And so during the divorce, it came out. It talks about the Trump Organization 48 times.

So that came out and the fact it was a corporate apartment that I was initially gifted, I did not know it was a corporate apartment, but it came out. So the taxes -- it's not that they're indicated incorrectly, it's that there at all.

And Bloomberg had reported this when they were doing an article on me about financial abuse and some stuff going on. And so there were so many forensics and lawyers looking at this, and they flagged the problem.

BERMAN: since you began talking to investigators and providing them with documents, who have they been most interested in, in your mind? Your ex-husband Barry, your ex-father-in-law, Allen? Have there been any questions or requests pertaining to any of the Trump children?

WEISSELBERG: Initially, it was all of them, and it honed into Allen Weisselberg himself, specifically, and then children (ph). But it looks like the heat is on him.

BERMAN: What about Trump family? Any questions or any specific areas they delved into with them?

WEISSELBERG: Initially, it was the overvaluing of certain properties, like Seven Springs or 40 Wall. But I think my lane, it turned very quickly to Weisselberg, all things Weisselberg.

BERMAN: When was your last conversation with Allen Weisselberg?

WEISSELBERG: Actually, it was CNN in D.C.

[07:20:00]

And I was going to go to the studio and it was COVID and I called him up. And I said, Allen, we really have to talk. I mean, I do not want to make this public. I think this needs to be handled. We need a conversation, you know? And he refused.

BERMAN: When was this?

WEISSELBERG: June of 2020.

So, June of 2020, you reached out to him and said, we need to talk, he refused?

WEISSELBERG: Right. And I told Mark that was the last communication we had. And I don't think it's -- they have not reached to me at all. I've tried.

BERMAN: Were you close before that?

WEISSELBERG: Very, very close.

BERMAN: How close? Like, tell me, what was the nature of the relationship, even after the divorce?

WEISSELBERG: Yes. During -- yes, yes, oh, yes, we would see each other on the weekends. Oh, yes, very close.

BERMAN: And so what's it been like not to have a relationship with him for all this time?

WEISSELBERG: Heartbreaking, heartbreak.

BERMAN: What do you think happens next?

WEISSELBERG: In terms of the investigation?

BERMAN: Yes.

WEISSELBERG: I get called in to put my voice to the document, taxes.

BERMAN: And you think in the end, this ends up with Allen Weisselberg in jail?

WEISSELBERG: Yes.

BERMAN: Anyone else?

WEISSELBERG: We'll see how the flipping goes, right?

BERMAN: Jennifer, I appreciate you being with us this morning. I appreciate you sharing your feelings. We look forward to speaking with you going forward, a lot there.

WEISSELBERG: Thanks.

BERMAN: With Senate Republicans poised to block a bill creating a January 6th commission, an urgent plea from a mother of a Capitol Police officer who died after the defending the Capitol from insurrectionists.

KEILAR: Plus, Donald Trump claims presidential immunity in response to an insurrection lawsuit. We speak to a lawyer for the congressman who brought the suit.

(COMMERCIAL BREAK)

[07:25:00]

KEILAR: Donald Trump's attorney is defending the ex-president's incendiary speech on January 6th saying in a new court filing that Trump is protected by the First Amendment and that he had a, quote, absolute immunity at the time, so anything he did was a constitutionally protected act of the presidency.

A reminder, here is what Trump told supporters before some of them stormed the Capitol.

(BEGIN VIDEO CLIP)

DONALD TRUMP, FORMER U.S. PRESIDENT: We fight like hell. And if you don't fight like hell, you're not going to have a country anymore.

(END VIDEO CLIP)

KEILAR: Democrats have brought a lawsuit to hold Trump accountable. And joining us now is Phil Andonian. He is the attorney for Congressman Eric Swalwell, who is heading this lawsuit.

Phil, just, first, your reaction to Trump's claim of absolute immunity. What do you make of this?

PHIL ANDONIAN, ATTORNEY FOR REP. ERIC SWALWELL: Well, I think it's just more of the same god complex that we saw throughout his presidency, that he -- because he's the president, he can do anything he wants, you're not going to tell him anything different, hard stop.

And it's a claim that's been rejected as recently as last year by the Supreme Court in a different context, but he clearly is not above the law and he clearly does not have absolute immunity for every single thing that he's ever done as president. And we are certainly not alleging that anything that he did in connection with the lawsuit was anywhere close to an official act.

KEILAR: When you read this filing, there is this element of kind of throwing things against the wall to see what sticks about it, that's sort of what it evokes. His attorney also argues he's using political rhetoric, which is protected under the First Amendment. You say what to that?

ANDONIAN: Well, I say, it's not protected speech. To be clear, there's nothing in our complaint or any of the lawsuits that are happening that are attacking protected free speech to the extent Donald Trump attended a rally and said things, our claim is he incited illegally violent insurrection. That is flatly not protected speech and it's not something that he enjoys immunity from and it's not something that's beyond a (INAUDIBLE).

KEILAR: His lawyer also says, basically, not so fast, he's already had to -- this is asked and answered, essentially. He's been impeached. He was acquitted.

ANDONIAN: Right. Yes, I'll be honest, I don't really follow that argument. I mean, number one, the main defense that he raised in the Senate trial was, I shouldn't be here. This isn't the right form for a former president. And Senators McConnell and Thune, among others, I think, accurately said a court of law is the place to pursue this. And as a legal matter, the concept that a Senate impeachment trial for which there's only two remedies for removal or disqualification, which somehow had a preclusive effect in a court of law in which damages and other relief are being sought is puzzling.

KEILAR: Have you ever been in a case where the opposing side comes with arguments like this?

ANDONIAN: Yes. I think it happens a lot.

KEILAR: So it does kind of happen a lot.

ANDONIAN: Yes.

KEILAR: In a case this high profile?

ANDONIAN: It's the -- if I had to characterize the motion to dismiss, and it really stems from this idea I can do whatever I want --

KEILAR: I guess what I'm getting at, is it weird for this to be a former president's kind of style of legal approach to defend oneself?

ANDONIAN: I don't know that it's weird that this former president is taking this style to defend himself, but it is a little puzzling that an important motion like this to throw a lawsuit out is resting on a principle that really doesn't have any legs.

KEILAR: Phil, thank you so much, Phil Andonian. I appreciate you joining us this morning.

ANDONIAN: Thanks, ma'am. KEILAR: So get ready to hit -- pardon me, my prompter just changed. I'm just going to say that's what happened. Here is what's in it now. Ready, set, sail, the CDC is giving the first major cruise ship the green light to hit U.S. waters. The Celebrity Edge will depart on a seven-night voyage from Ft. Lauderdale to the Caribbean on June 26. This is, of course, just one more sign that America is reopening, kind of getting back to normal here.

[07:30:01]

CNN has the pandemic covered from coast to coast.

NICK WATT, CNN NATIONAL CORRESPONDENT: I'm Nick watt in Los Angeles. Good news from Disneyland.