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CNN International: Soon: Trump To Head To Court For Opening Statements; IDF Intelligence Chief Resigns Over October 7 Attacks; Israel Critical Of Reported U.S. Plans To Sanction IDF Unit. Aired 8- 9a ET
Aired April 22, 2024 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
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AMARA WALKER, CNN INT HOST: I'm Amara Walker. This is CNN Newsroom. Just ahead, Trump on trial. We expect Donald Trump to head to a New York courthouse this hour where opening statements in his hush money trial are set to begin. Plus, a major resignation, the head of military intelligence for the Israeli Defense Forces steps down. We will explain why, live from Jerusalem. And torrential rainfall leads to devastating floods, affecting huge areas of southern China, a full report this hour.
At any minute, we expect Donald Trump to head from the penthouse to the courthouse, traveling from Trump Tower to Lower Manhattan. There in courtroom number 1523, he will sit at the defendant's table, as opening statements get underway in his hush money trial. It is a truly historic moment, the first ever criminal trial of a former U.S. President. Opening statements are expected to take much of the morning. After that, the prosecution will call its first witness. That's expected to be David Pecker. He is the former publisher of the National Enquirer magazine, and he allegedly worked with Donald Trump to catch and kill negative news stories about Trump.
For some understanding now what Donald Trump has been doing and saying as he prepares for the trial to get underway, let's bring in CNN's Alayna Treene in Washington. Alayna, I know you've been reporting on Trump's mindset, and obviously, he has to be very unhappy, knowing that his tactic in trying to delay all of his criminal trials, but particularly this one, hasn't been successful.
ALAYNA TREENE, CNN REPORTER: That's right. I mean, Donald Trump is very frustrated and very angry that he has to go through this, and you're totally right, the part about it being delayed. Behind the scenes, he has told advisors directly, questioned, why were we not able to delay this and push this back? I think there really was a hope, at least on his part, that he believed that he would be able to delay this trial, and really all of his criminal trials until after the election. Obviously, that is not the case. But, Amara, when you look at Donald Trump, you see him as he has been going in and out of the courtroom over the past week, speaking to cameras. We've seen him on social media, posting, railing against a gag order. He is clearly very angry and does not want to be here.
And I just want to give you some sense, when you strip all the bluster away, Donald Trump personally does not want to be undergoing any of his criminal trials. But, this one, in particular, is very personal to him. And remember, this -- a lot of salacious details are expected to come out in this. This is about alleged affair with a porn star and then hush money payments to cover that up during his first presidential campaign.
And so, there could be a lot of embarrassing things here that are on display during this trial, and particularly, this is something he does not want in the lead up to a presidential election. At the same time, you do hear from his advisors that they're hoping this could help him with a boost in fundraising, with support. But, at the same time, in my conversations with them, they acknowledge that they don't really know how this is going to play, particularly in a general election campaign, unlike when he was indicted and that was happening during the Republican primary. It's very unclear how this could play with general election voters. And so, that's at the top of his mind too.
But, again, having Donald Trump for four days a week, being stuck inside a courtroom, not being able to campaign, really, he is kind of bored in there. I think that's another thing that's been I've been hearing from his advisors as well. He is not able to be on his phone. He has to sit there, listen to some of the criticism being lobbed at him. That is not something that this man, the former President, has really had to be subject to over the past few years.
WALKER: Yeah. Obviously, he has s been known not to have the best attention span. But, speaking of politics and obviously the politics and the legal stuff have been kind of overlapping, at least for Trump, he has been posting on Truth Social over the weekend, and he has been saying some things about the judge's gag order against him.
TREENE: He has. He has been very frustrated about the gag order, and it's something he has been really fixated on, I'm told by his advisers. And as we saw, he is -- even last week when he was speaking to reporters, he kept bringing the gag order up. But, I do just want to point out one. It's actually pretty lenient for a gag order. He is able to criticize the judge, to criticize the Manhattan District Attorney Alvin Bragg, and talk about the case overall.
But, one of the key things that I'm told he is really focused on what this gag order is that he is not able to attack witnesses, and that's something that's going to probably present more of a problem down the line when we see witnesses like Michael Cohen, his former attorney and fixer, as his campaign and his team used to refer to him as. People like him testifying. Stormy Daniels could potentially take the stand. That's where Donald Trump feels that he is so limited because he is so used to being able to use a platform like Truth Social or go out and speak to the cameras and really say whatever he wanted.
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He sees that as his best defense by being his own public defender, able to use the type of rhetoric we've come to associate with Donald Trump, and he is limited here and some of those regards. Amara.
WALKER: Alayna Treene, appreciate your reporting. Thank you very much. Let's talk more about what we will see today in court with Trump there
as the defendant. Joining us now is someone who has seen many criminal trials from both sides of the proceedings. Jeff Swartz was a prosecutor before becoming a judge in the State of Florida. He is now a Law School Professor, and he is joining us now live from Tampa. Thank you so much, Jeff, for joining us.
First off, I just want to talk about the opening statements and what we can expect there. Obviously, the prosecution will go first. But, this is really an important moment, right, because they're kind of laying the roadmap, and they need to hook the jury, get them to pay attention.
JEFF SWARTZ, FORMER FLORIDA JUDGE: Good morning, Amara. Yeah. It's one of those things where people kind of mistake opening statement for closing argument. Both sides are supposed to comment on what they expect the evidence will show. They're not supposed to argue really too much about how things conflict because the evidence even -- hasn't even been introduced yet. That's kind of a frustrating thing for defense attorneys who like to get out there and lay a roadmap and say this is how bad the state's case is going to be. I believe that the defendant's attempts here will be to color some of the witnesses as being unclear -- excuse me, uncredible, and not really reliable. So, that's their gig.
The prosecution will more probably than not just try to outline the case in a logical sequence to show how all the evidence will fit together. And that's why I think calling David Pecker first to lay the groundwork for the motive and the intent of the defendant, Mr. Trump, is important, so that they put on everybody else so it fits in seamlessly with what they want the jury to believe Trump meant to be doing.
WALKER: Why -- how does the prosecution choose who will go first in terms of their witnesses? And what will you be watching for when David Pecker, the former publisher of the National Enquirer, is on the stand?
SWARTZ: Sometimes, prosecutors like to establish that a crime was committed and then start bringing in witnesses to show who committed the crime. Here, I think that the prosecution wants to show, not only that maybe a crime was committed, but more of what the intent of Mr. Trump was at the time that he was doing all of this and paying off all of these people that Pecker is going to tell him happened in a sequence of events, including Karen McDougal or Susan McDougal, I can't remember which --
WALKER: Karen.
SWARTZ: -- who was the Playboy Playmate who he paid off first. So, it's all about catch and capture and get rid of any of these particular statements that were made or the threats of all of these women. So, I think that's what they're going to do here, try to establish his intent and his motive through everything else he did that they're going to establish later on. WALKER: Yeah. So, on the prosecution side, this is about Trump allegedly falsifying business records, trying to cover up a sex scandal --
SWARTZ: Right.
WALKER: -- to influence the 2016 presidential election. And we understand there is quite a paper trail as well. But, on the defense side, what do you expect in terms of how they're going to present their case?
SWARTZ: Well, first of all, it's going to be hard for them to say that the paper trail doesn't exist. They're going to have to later on explain away why the paper trail is there. I think they're more concerned with showing that Mr. Trump was trying to do this to protect the embarrassment with his wife and his family, as opposed to doing this to affect the outcome of the election. If the state can't prove that intent, that is to create a fraud during the course of the election, then it's only misdemeanors that he is looking at. Now, it's a large number of them, and it still would be a conviction.
But, their first thing to do is to get rid of the idea that there is a felony here, and then go after Michael Cohen and others to try to show that Trump had no knowledge of any of this, that this was all done by other people, and that he really did believe he was just paying attorney's fees.
WALKER: I understand that Judge Merchan may also make a decision on, if Trump indeed takes a stand, which obviously is -- we can't take what Trump says at face value because he has said that he would testify in his own cases and he hasn't before.
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But, the prosecutors on Friday, they were questioned by Judge Merchan about the type of questions, the topics that they would delve into if Trump were to testify, and they want to go back to some of these lawsuits that he has faced, particularly the one from E. Jean Carroll and his alleged history of sexual abuse. What will the judge take into account in determining whether or not what questions they can ask in terms of Trump's history, if he were to take the stand?
SWARTZ: Well, if he is to take the stand, and I really don't believe that the defense is going to commit themselves for him taking the stand, because if they do and then he does not, then the jury is going to remember that. But, let's assume for the moment that he is going to take the stand and they announce that in the defense case. The chances are that he is going to have to rule on two things. Number one, does this -- is this only character assassination, or does it lead to issues of motive, intent and knowledge to show that he'd done it before, so therefore, this is what he was doing now.
The other part of it is what we call 403 evidence. That is whether the evidence -- whether the weight of the evidence, that is the relevance of the evidence may be apparent, but whether the materiality of that evidence is outweighed by its prejudicial value. And if it's only being brought in simply for character assassination, they're not -- he is not going to allow it in. So, he is going to have to look at each piece of this impeachment evidence to determine whether in fact he is going to let it in, and it is a little complex, a little esoteric, but the fact of the matter is that that's what he has to look at, and it's really kind of a logical conclusion that he has to reach.
WALKER: Jeff Swartz, good to have you on the program. Thank you very much for your time. And we will have much more on the Trump trial later this hour. I'll
speak with a criminal defense attorney to find out what she will be listening for during today's opening arguments. That is still to come here on CNN Newsroom.
Let's turn now to the Israel-Hamas war, and the head of the Israel Defense Forces' military intelligence branch has resigned. The IDF says Aharon Haliva bears a leadership responsibility for the Hamas attacks on October 7. Israel's war cabinet met on Sunday and discussed the hostages still being held in Gaza. Prime Minister Benjamin Netanyahu is vowing to increase military and political pressure on Hamas to free them.
(BEGIN VIDEO CLIP)
BENJAMIN NETANYAHU, ISRAELI PRIME MINISTER (Interpreted): On this Seder night, our hostages in Hamas captivity stand before our eyes. They're suffering and the suffering of their families break our hearts and only strengthen our determination to return them.
(END VIDEO CLIP)
WALKER: In Gaza, the Palestinian Health Ministry says 54 people were killed in the last 24 hours, bringing the number killed since the start of the war to over 34,100. In the West Bank, funerals have been held for 14 Palestinians killed during an Israeli military offensive at a refugee camp on Friday and Saturday. The Israel Defense Forces say they killed 10 people they described as terrorists, and arrested eight others.
CNN's Matthew Chance is joining us now live from Jerusalem with the latest. Hi there, Matthew. Let's start with this resignation, the head of the Israeli military's intelligence. What are you learning? And obviously, this is significant in terms of consequences and the accusations that this was such a huge intel failure.
MATTHEW CHANCE, CNN CHIEF GLOBAL AFFAIRS CORRESPONDENT: Well, precisely, and in fact, the idea that this was a massive intelligence failure is something that Israeli intelligence, the Israeli military has already admitted. It's just that what's happened today is that we've seen the resignation of the most senior Israeli figure to date as a result of those October 7 attacks. In his resignation statement, Gen. Haliva basically said that, "my directorate", I'm slightly paraphrasing him here, "my directorate did not live up to the expectations. It didn't do what we were entrusted to do."
And so, it's another acknowledgement of the intelligence failure that remember led to such a catastrophic loss of life. There were more than 1,200 people, Israelis and foreigners, that were killed, and another 250 or so people are abducted to Gaza, when fighters from Hamas and other groups in their hundreds managed to get across Israeli defenses and rampage through Israeli communities inside Israel. The consequences of it are still being felt, of course, in Israel. There are still I think more than 130 hostages unaccounted for, still believed to be kept inside Gaza. And so, it's being felt very acutely inside Israel.
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But, also in Gaza itself, we've seen a military operation that's been underway really for several months now, of course, in a bid to punish Hamas, destroy Hamas, and retrieve the hostages as best as they possibly can. And there has been over 34,000 Palestinians, according to the Palestinian Health Ministry, who've lost their lives, who've been killed in that conflict, in that operation, as well as the massive humanitarian problems that have been caused by the ongoing military operations in the Gaza Strip.
And so, the resignation of this senior figure is a milestone. But, frankly, it's possible there could be more resignations in the weeks and in the months ahead, because it clearly wasn't the responsibility of just one man or even just one department.
WALKER: Yeah. And over the past 24 hours, there have been several headlines having to do with Israel out of the U.S., one being that the U.S. House did pass this foreign aid package that includes $26 billion for aid to Israel, but also reports that the Biden administration is considering imposing sanctions on several Israeli battalions accused of human rights violations during operations in the West Bank before the October 7 attacks. What are you hearing about that, and what could these sanctions look like?
CHANCE: Well, I mean, look -- I mean, first of all, those sanctions have not been announced yet but it's been widely reported, of course. And there has been a response by the Israeli Prime Minister who has criticized it and he said he will fight it. But, you're right. What we're talking about are sanctions against the particular Israeli army unit, the one that's been sort of identified in the report is a battalion called the Netzah Yehuda battalion. This is an ultra- orthodox male-only Israeli battalion, and it's been particularly active in the West Bank. So, it's not necessarily about the actions of that battalion in the Gaza Strip. I don't know what they've been doing in the Gaza Strip.
But, certainly, in the West Bank, for instance, in 2022, they were involved in a raid on a Palestinian village in which a Palestinian American man, something like 78-years-old, Omar Assad was his name, spent much of his life in the United States, came back to retire in the West Bank village where he was from. He was handcuffed and he was gagged, and he died whilst in custody. It was found in an Israeli army investigation that he had a pre-existing condition. The soldiers involved and the commanders of the battalion were reprimanded, but there were no prosecutions. And that's something that really provoked anger amongst the American-based family members of Omar Assad, the old man. And so, it may well be some response to that.
But, certainly, there is a growing sense of criticism despite the huge aid that's been issued or has been approved in the House of Representatives for Israel. There is still a growing sense of discomfort with the -- in the U.S. administration about the tactics and the methods being used by the Israeli military, not just in Gaza, but elsewhere in the occupied territories as well.
WALKER: Matthew Chance, always appreciate your reporting, live for us there in Jerusalem. Thanks so much, Matthew.
Palestinians in central Gaza are digging through rubble and debris, days after Israeli forces ended military operations in the area of one refugee camp. Many there now searching for personal belongings and mementos of their life before the war began.
CNN's Nic Robertson has more.
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NIC ROBERTSON, CNN INTERNATIONAL DIPLOMATIC EDITOR (voice-over): Like so many layers of paper, Palestinian homes pancaked Nuseirat refugee neighborhood in central Gaza, demolished during a week-long IDF raid. Is this what threatens the Israeli army, wedding dress store owner Mohammad Azzara asks. This was his store before the attack, he says. He opened it a year ago. I've put all my blood, sweat and tears and money into building this business, he says. Now, there is nothing. This is an indescribable feeling, the push of one button and they ended our lives.
The IDF destruction here as Iran attacked Israel and the world worried about regional escalation. Israel's war in Gaza, though, not missing an ugly beat. This mother pulling her children's school books from the rubble, clinging to memories, bravely bitter about those the Israeli military claims to target.
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I hate Hamas first and foremost, she says. Don't cut my words. Keep rolling. They brought this on us. This is not jihad. This is not resistance. Go resist at the border. Don't resist between the buildings and the people. They're destroying the people.
Meanwhile, in Rafah, where the IDF says Hamas brigades are still hiding, strikes continue. And despite U.S. pressure, still no publicized plan of how to protect the 1.2 million Palestinians living there, ahead of an expected Israeli assault. At a Rafah morgue, wrapped in a single large body bag, an uncle brings the remains of several children who were among 12 of his relatives killed overnight. They were children, Abu Hatem Jamous says, the youngest, three, four- years-old, may God take revenge for them on Israel. No one cares, the aunt Suzan Abu Touha says. The Israelis are committing massacres while the world watches. Look at what they've done. We can't find whole bodies, only bits of them.
More than 34,000 Palestinians killed in Gaza now, according to the Health Ministry. Irrespective of who they blame, all here feeling helpless to hold back the seemingly inevitable IDF offensive in Rafah.
ROBERTSON: Over the past week, the IDF calling up to reserve brigades for operational activities in Rafah. And on Thursday, two senior Israeli officials briefed President Biden's National Security Advisor on their planning, which until now at least has not satisfied the White House that civilians will be safe.
Nic Robertson, CNN, Jerusalem.
(END VIDEOTAPE)
WALKER: Nic, thank you for that.
Just ahead, Ukraine says it is grateful for more U.S. aid despite months of delay on Capitol Hill. Will this be a turning point for Ukraine, and when will the weapons and ammunition they need get on the ground? We are live next. Plus, a bill to ban TikTok in the United States, one step closer to being approved. We are live in Beijing with reaction.
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WALKER: A bill sending billions of dollars in U.S. aid, desperately needed by Ukraine, heads to the U.S. Senate Tuesday, where it's expected to be approved. It has already passed in the House of Representatives on Saturday, but that vote could cost the House Speaker his job.
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Some Republicans want Mike Johnson gone, after he helped to end months of stalling on the aid package. And far-right Republican Marjorie Taylor Greene says he has got to go because Johnson, in her words, passed the Democratic agenda. The aid bill includes nearly $61 billion for Ukraine. And President Volodymyr Zelenskyy, is urging the U.S. to get weapons to the frontline as soon as possible.
Let's bring in CNN's Fred Pleitgen. He is live from the Ukrainian capital of Kyiv. Fred, tell us more about Zelenskyy's reaction, and of course, the reality for him is that he needs those weapons now.
FREDERIK PLEITGEN, CNN SENIOR INTERNATIONAL CORRESPONDENT: Yeah, now and basically yesterday, and you could really feel, I was here on Saturday when that vote in the House took place, Amara, you could feel that sense of relief among, not just Volodymyr Zelenskyy, but pretty much the entire Ukrainian leadership. Zelenskyy tweeted within a matter of seconds, really, after that House vote took place, saying how grateful he was. But then, of course, the Ukrainians are saying that they need those weapons to come in as fast as possible. Of course, they are also looking towards Tuesday and towards that vote in the Senate, and of course, the President signing off on that as well.
But, they do believe that those weapons could then be in Ukraine fairly quickly. A lot of the ammunition that we're talking about is staged in Europe and could come in here very fast. There is essentially three things that the Ukrainians have been talking about, the most pressing and the one that they talk about the most, is artillery ammunition, 155 millimeter artillery shells. The Ukrainians right now see they're losing ground in the east of the country and in the south of the country because they simply can't fire back at Russians that are trying to advance. So, that's been a big issue for them, the starvation of shells, as they put it.
The other thing is air defense missiles, where the Ukrainians are saying the Russians have drastically scaled up their campaign against Ukrainian energy infrastructure, but also on the frontlines where the Russians have been much more effective at using their air force recently. The Ukrainians are saying they definitely need more air defense missiles as well. And then, finally, longer distance weapons. We're going to wait and see whether or not the U.S. is going to give the Ukrainians those attack and longer range ground attack missiles and see whether or not those are going to arrive here on the battlefield anytime soon.
The Ukrainians certainly want that. But, you're absolutely right. They're saying right now the situation very difficult for them. The Russians have made gains that aren't yet strategic, but certainly it is quite concerning, and the Ukrainians do hope that they'll be able to turn the tide, Amara.
WALKER: Yes, as the world hopes as well, much of the world. Fred, Pleitgen, thank you so much. Good to see you.
Well, inside that wide-ranging aid package for Ukraine that's headed to the Senate Tuesday, there is also a bill that was inserted that could ban TikTok in the United States. Now, it would give TikTok nine months to avoid a ban by parting the company -- with the firm that now owns it, the Chinese group ByteDance. The social media app is seen as a national security risk by many in Congress. House Republicans inserted the TikTok bill into the foreign aid package rather than asking the Senate to vote on it in isolation. So, that makes it much harder for lawmakers in the Senate to oppose the TikTok measure, because of course, they don't want to delay the foreign aid package any further. So, if the Senate approves the legislation and President Biden signs it, TikTok could be forced to find a new owner, or be banned entirely from the U.S.
Let's bring in CNN's Marc Stewart, who is live for us in Beijing. You've been reporting on this, Marc, for quite a while. First off, I'd imagine it would be difficult for ByteDance to divest from TikTok tock in that timeframe. But also, what's your indication of how Beijing will react to this?
MARC STEWART, CNN CORRESPONDENT: Right. Hi, Amara. Good morning. I was messaging with a longtime observer of China and the whole tech space, and in his words, this is really a moment of truth for Beijing. I should point out, we reached out to the government. We had not heard back just yet. But, based off of what we have been reporting, I think it is more than fair to say that Beijing is not keen on this idea of having to sell off ByteDance in the United States.
It was just a few weeks ago, I talked about this very issue with a government official, and he told me that despite all of these concerns by lawmakers, by the United States public, these feelings of distrust, he felt that this move would be an act of bullying, viewed by China as an act of bullying toward the United States and that it would backfire. And the Chinese perspective is really important in all of this, because companies such as ByteDance, the parent company, they have to have a Committee of employees who belong to the Communist Party, a standard protocol in the Chinese business world.
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With that said, the head of TikTok says his company is not controlled or owned by the Chinese government. Nonetheless, the point being is that this could be a very long road ahead, especially when it comes to the legality of all of this in the United States in some kind of challenge by China.
Finally, I should point out some context here, where I live here in China, if you want to use an app, some kind of web-based program, such as Google, or Instagram or Facebook, these products are all blocked here in Mainland China. So, a different perspective, at least, from this side of the world, Amara.
WALKER: No, yes, the irony. Marc Stewart in Beijing, thank you so much.
Still to come, you are looking at Trump Tower in New York. We do want to show you that at least, or any moment now, former U.S. President Donald Trump should be heading out towards this courthouse, what we can expect during opening statements on this historic day.
(COMMERCIAL BREAK)
WALKER: Welcome back. Happening soon, an historic moment in the U.S., opening statements are set to begin in the first ever criminal trial of a former U.S. President. At any moment now, Donald Trump will be leaving Trump Tower here and then head over to the court in Manhattan where he is required to attend every day. Court is in session, which is four days a week, with the exception of Wednesday. After the opening statements, the prosecution will call its first witness. And first up, it's expected to be David Pecker. He is the former publisher of the National Enquirer, and Pecker was set to be a central player in Trump's alleged hush money cover-up with an adult film star.
Kristen Holmes is joining us now from outside the courthouse in New York. Hi there, Kristen. So, tell us more about what's going on outside the courthouse in terms of security and what we're expecting.
KRISTEN HOLMES, CNN U.S. NATIONAL CORRESPONDENT: Yes. In terms of security, we have been told or at least our colleague John Miller has been told by various law enforcement officials, that they are ramping up the presence here, particularly in the park across from where we are located right now. We are told that that is obviously in reaction to the fact that someone lit themselves on fire, and they are worried that the park could become a place for people to essentially make a nuisance or try and make a scene or do something dangerous in that area. I will tell you, just from looking at the area itself, you can see more bike racks up and more of a police presence. [08:35:00]
Now, in terms of what we're actually expecting inside the court, this is going to be a very big day for the former President, and expect him to stop at the cameras when he comes in, those cameras that are in the hallway of the courthouse. This is effectively one of the only chances he is going to have to campaign. It's going to be to these cameras in the hallway. He was supposed to have a rally in North Carolina over the weekend. Usually, he uses those rallies to air his grievances, but it was canceled due to bad weather. So, expect him up at those microphones, talking to those cameras.
Now, today, we will hear from both sides in terms of the prosecution and the defense, giving their opening arguments, laying out what this case is about. And then, we expect to hear from the first witness. The first witness today is David Pecker. I'm going to give you a little bit of information. This is a longtime friend of Donald Trump, somebody who ran the company that owns the National Enquirer, and he is known to have bought and buried negative stories about Donald Trump, essentially meaning that the National Enquirer or people that approached them about stories related to Donald Trump, he would purchase the stories so that they couldn't go elsewhere, but then not actually publish those stories to protect the former President.
And he has allegedly helped broker the deal between Stormy Daniels and Donald Trump and Michael Cohen, obviously, as you know, all three of them allegedly involved in this hush money scheme. So, he has been granted immunity in order to testify. But, the thing we'll be watching closely is not just what David Pecker has to say but also how Donald Trump sitting in that courtroom has to react. Just remember, at the core of all of this is an alleged affair with a porn star, alleged affair that caused a lot of problems with his marriage with Melania while he was in office and really caused Donald Trump to be greatly embarrassed. How does he react to some of these potentially salacious details when he is forced to sit there and listen and know that there are reporters in the courtroom watching him? That is what we're going to have our eyes on today.
WALKER: All right. And as you were speaking, Kristen Holmes, these are live pictures of Trump leaving Trump Tower, and of course, he is getting into his vehicle and the motorcade will follow to take him to the courthouse for the first day of opening statements. We watch this closely. Kristen Holmes, thank you so much, live for us there outside the courthouse in New York.
Let's bring in Criminal Defense Attorney Misty Marris. Thanks for joining us. So, today, opening statements. How important are these opening statements, particularly from the prosecution?
MISTY MARRIS, DEFENSE ATTORNEY & TRIAL ATTORNEY: Absolutely. The opening statements are one of the most important and critical moments of the trial, and the reason is, the prosecution is going to provide the jury with a roadmap of the case. They're going to point out all of the evidence that the jury is going to see along the way, and why it matters relating to what this case is about. So, the opening statements really give the jury context, as they watch the remaining evidence on full, documents, information, witnesses, testimony, whatever that might be. Jurors are often relating that back to the themes that they heard during the opening.
So, it's really important for the prosecution, and it's equally as important for the defense to hammer some of the themes of their case home right from the beginning. So, the jury is listening for that as the trial unfolds.
WALKER: OK. So, we'll be hearing for the first time the prosecution laying out its roadmap, and we'll also be hearing for the first time from a witness, David Pecker. Why has he been chosen to go first?
MARRIS: Well, he is incredibly a central to this case. So, remember, this case is about falsifying documents. And in order for it to be a felony, it's falsifying documents for the purpose of attempting another crime. In this case, the other crime is alleged election violations because these payments to Stormy Daniels, according to the prosecution, violate election finance laws, because they weren't reported as election expenses. So, the whole context surrounding what's going on at that time, the affair with Stormy Daniels, the catch and kill stories with David Pecker being the central person relating to that entire process, both Stormy Daniels, and ultimately killing those stories.
That's all going to relate back to, why did Donald Trump want to kill those stories, and was it because of an impending election that he thought this would be a horrible thing for the women electorate to hear about his affair, while his wife is pregnant? And so, he wanted to extinguish that story. Well, the person that's going to be in the best position to talk about those motivations, which is part of the prosecution's case, is going to be David Pecker, who was involved in allegedly brokering that deal between Trump and Stormy, and also killing -- ultimately killing that story. So, he is really a good way to start off for the prosecution because it lays the foundation for a lot of the other evidence that's going to come.
WALKER: OK. So then, I have to ask you this because you're talking about falsifying business records. That is s what Trump is being accused of.
[08:40:00]
So, we're seeing a state-level prosecution in New York for Trump allegedly falsifying business records for -- to allegedly violate federal campaign election laws. How strong then is this case for the prosecution?
MARRIS: So, the prosecution has to prove that he intended to violate another law. He doesn't actually have to have violated it. So, it's an intent crime. But, it doesn't mean that the crime actually came to fruition. So, that's where the prosecution does have a tricky argument to make to have the jury understand, even though there was actually no confirmed or pursued campaign finance violation of either a state or federal campaign finance law, that the attempt at covering up these charges and calling them legal expenses was in furtherance of trying to violate them. So, as you can see, it is complicated, and it's something the prosecution has the burden of proof. And so, it's not an easy slam dunk case by any means for the prosecutors.
Now, your point about federal preemption, the defense has already tried to get this case dismissed at the state level by this judge. He said, no, the case goes forward. That issue of whether or not a federal law can serve as the basis for the second prong of this case, right, the falsifying business records, in furtherance of a federal crime, that's actually going to be an appellate issue. But, this whole trial is going to play out before there is any clarity on that front.
WALKER: All right. Thank you for clarifying that, Misty. Misty Marris, good to have you, as always. Thank you so much for your time. And watch CNN's special coverage of the Trump hush money trial Monday at 9 a.m. in New York, 2 p.m. in London. That is in about 20 minutes.
Tensions are running high at Columbia University in New York amid ongoing pro-Palestinian protests. The atmosphere is so charged that all classes are being held virtually today. Officials say the Jewish holiday of Passover, which begins this evening, may serve as a catalyst for extremist groups. A rabbi linked to the school is now encouraging Jewish students to stay home. The university says police will be present throughout Passover, and campus public safety will provide walking escorts.
Let's take a closer look now at what's going on. CNN's Polo Sandoval is joining me now live in New York, near Columbia University campus. Tell us more about what's going on there. What are people telling you?
POLO SANDOVAL, CNN CORRESPONDENT: Amara, you've really said it best. The atmosphere is certainly charged. This is an extremely polarizing issue, and there is this potential crisis that's looming for Columbia University, which is really just an example of what other colleges and universities throughout the country are likely facing, as we continue to see these demonstrations just play out here.
What we saw the last couple of days are at least two pro-Palestinian demonstrations, one of them on campus, which is actually just beyond the fence that you see behind me, which is being called the "Gaza Solidarity Encampment". There was also a group off-campus over the last several days, have assembled at the gates. Remember, Columbia University is still with restricted access because of what played out the last several days.
But, what's also intensified are these growing concerns among some Jewish students. I had an opportunity to speak to just two a few minutes ago here on the sidewalk, and they do say that they are not just concerned about what's happening on campus, but to the point that they feel intimidated. So, they are calling on Columbia University to do more to make sure that they feel safe. So, that is an important part of the conversation. In fact, their concerns are so significant that a rabbi that's actively involved with Columbia University over the weekend sent a message to about 300 students on WhatsApp, recommending that they simply stay home until more is done to keep them safe.
Now, Columbia, for its part, Amara, has spoken clearly, saying that they are hearing these concerns and they are trying to address them. And then, at the same time, we've also heard from the groups that have been organizing some of these pro-Palestinian protests, I should say. And what's interesting here, Amara, they're really trying to distance themselves from some of these non-student protesters. And I'll read you a specific quote from some of these organizing groups. They called some of the demonstrations just off-campus, quote, "inflammatory individuals who do not represent us." So, that's an important part of the conversation.
Then finally, what the Columbia University president is saying, overnight, announcing that virtual learning will be offered to students as they try -- as the university tries to strategize what comes next. And in a statement, Minouche Shafik, the president of the institution, writing "These tensions have been exploited and amplified by individuals not affiliated with Columbia who have come to campus to pursue their own agendas. And this is key, "We need a reset." So, that is going to be something to watch in the days ahead, here at least at Columbia University, Amara, how -- what does that reset mean.
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There is that encampment that's still very present on the university campus. In fact, I had an opportunity to actually see it firsthand, and it doesn't show any signs of going anywhere. So, the question, will the university once again turn to the NYPD to potentially clear that encampment out in the coming days?
WALKER: It really is so extraordinary to see the impact of the Israel- Hamas war on daily life on college campuses across the U.S., including impact on commencement speeches. Polo Sandoval, appreciate your time. Thank you so much.
Still to come, torrential rains and floods have forced tens of thousands of people to leave their homes in southern China. We'll have a report on the rescue operations from the region.
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WALKER: Tens of thousands of people in southern China have been forced to leave their homes after heavy rain led to severe floods. Torrential downpours have swept across the region since Thursday. Authorities say 11 people are currently missing.
CNN's Ivan Watson has the story.
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IVAN WATSON, CNN SENIOR INTERNATIONAL CORRESPONDENT (voice-over): Sweeping floods are threatening towns and cities from the Pacific Ocean to the Middle East. In Guangdong, southeast China, tens of millions of people are in the path of torrential rain and rushing floodwaters. Here, the annual flood season has come early and ferociously. The rain is swelling rivers, reservoirs and waterways. On Saturday, a CCTV camera catches the moment a surge so powerful it destroys this bridge. Thousands of people have been evacuated. Over one were without power over the weekend. Thousands of miles west in Iran, children cling onto fallen trees,
desperately waiting for help, as devastating floods sweep through the country southeast. With rivers overflowing, Iranians are warned to watch out for crocodiles forced out of their natural habitat. Torrential rains and flash floods battered neighboring Afghanistan and Pakistan this past week, leaving more than 100 dead and injuring over 100 more, authorities say. Others have been left stranded by the rising waters. In Afghanistan, families look at what's left at their homes, assessing the extent of the damage.
UNIDENTIFIED MALE (Interpreted): There was a flood last night at three o'clock and there were three goats in this room that were lost. People are taking out their animals and belongings from under the mud, and people suffered huge losses. All of the walls of the houses have been destroyed and need to be rebuilt.
WATSON (voice-over): Afghans already suffering from poverty and a lack of food, will now try to salvage flood-damaged farmland. Hundreds of livestock have been killed.
UNIDENTIFIED MALE (Interpreted): A week ago, the floods came here and destroyed these houses, as well as 60 to 70 acres of land. And then again, this time, the flood came and destroyed everything here.
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These fields were planted with vegetables but the flood destroyed everything.
WATSON (voice-over): Authorities are responding but not fast enough, say some residents of flooded towns. Angry, this man in Iran says we do not have drinkable water or roads. And in Pakistan, this man says he is disappointed with the government. They've failed to help the local people here during this disaster, he says. They haven't sent any help nor restored the roads or the electricity. More rain is forecast across Asia where millions will brace for the threat of even more damage.
Ivan Watson, CNN, Hong Kong.
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WALKER: All right. Still to come, why the World Anti-Doping Agency is facing accusations of looking the other way when it comes to some athletes? We'll have details on the controversy.
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WALKER: The World Anti-Doping Agency is under fire for a case involving a group of Chinese swimmers testing positive for a banned drug in the lead up to the Tokyo Olympics in 2021. Now, some of the accused athletes wound up winning gold medals.
Our Kristie Lu Stout has the details from Hong Kong.
(BEGIN VIDEOTAPE) KRISTIE LU STOUT, CNN CORRESPONDENT: The World Anti-Doping Agency has slammed allegations that they mishandled a case involving more than 20 elite Chinese swimmers who tested positive for a banned performance- enhancing drug. On Saturday, WADA confirmed reports that 23 Chinese swimmers tested positive for a banned drug before the 2020 Tokyo Olympics, and it accepted China's findings that this was due to substance contamination. Multiple media reports said that the swimmers tested positive for TMZ. This is a heart medication that has been banned by WADA since 2014. China's swim team went on to win six medals, including three goals at the Tokyo Games, which began in July 2021, due to the COVID-19 pandemic.
Now, WADA said that it had quote "carefully reviewed a decision from the Chinese anti-doping agency to allow the swimmers to compete. WADA said it was notified in June 2021 of the agency's ruling. In a statement on Saturday, WADA said this, quote "As part of its review, WADA collected additional, unpublished scientific information on TMZ and consulted with independent scientific experts to test the contamination theory and also whether low doses of TMZ could have benefited the athletes during swimming competition event. WADA ultimately concluded that it was not in a position to disprove the possibility that contamination was a source of TMZ and it was compatible with the analytical data in the file" unquote.
World Aquatics, the sports global body, said it was confident that the positive tests were diligently handled. The U.S. anti-doping agency chief accused WADA and Chinese officials of mishandling the case and failing to follow the rules around drugs in sport. On the social media platform X, the chief of the U.S. anti-doping agency, Travis Tygart, said this quote, "When you blow away their rhetoric, the facts remain as have been reported. WADA failed to provisionally suspend the athletes, disqualify results, and publicly disclose the positives. These are egregious failures, even if you buy their story that this was contamination and a potent drug 'magically appeared' in a kitchen and led to 23 positive tests of elite Chinese swimmers" unquote.
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Now, TMZ affects the metabolism. It's believed to help with endurance in physical activity. It came to the fore during the 2022 Beijing winter games when the Russian figure skater Kamila Valieva tested positive for the drug and was given a four-year ban. Now, CNN has reached out to the Chinese Olympic Committee for comment. WADA says it stands by the results of its investigation of the Chinese swimmers. It has slammed Tygart's allegations as outrageous, completely false and defamatory. And earlier, WADA said that it had quote, "no choice but to refer this matter to its legal counsel for further action." All this comes ahead of this year's Paris Olympics where China is expected to contend for more medals and compete under more scrutiny.
Kristie Lu Stout, CNN, Hong Kong.
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WALKER: All right. That is our time. Thank you so much for joining me here on CNN Newsroom. I'm Amara Walker. CNN's special coverage of opening statements in Donald Trump's hush money trial is up next with Erica Hill in New York and Becky Anderson in Abu Dhabi. Stay with CNN.
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