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McGahn to Defy Subpoena; Judge Rules Firm Must Hand Over Trump Financials; Trump Targets Biden; Floods and Tornadoes in the Midwest; Lawsuit: Boeing Spent Decades Concealing Flaws. Aired 4-4:30a ET

Aired May 21, 2019 - 04:00   ET

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


[04:00:19] CHRISTINE ROMANS, CNN ANCHOR: The former White House counsel plans to defy a subpoena today. But could a separate ruling change the course of stone walling from the White House?

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: Biden deserted you. He was born here but he left you, folks.

(END VIDEO CLIP)

DAVE BRIGGS, CNN ANCHOR: The president in Pennsylvania setting his sights squarely on Joe Biden as internal polling shows the president lagging in states he has to win.

ROMANS: Major flooding in the Midwest, evacuations and water rescues in Oklahoma, a day after a string of tornadoes hits the region.

BRIGGS: Did Boeing spend decades concealing design flaws in its planes? A new lawsuit claims it did.

Good morning, everyone, and welcome to EARLY START. I'm Dave Briggs.

ROMANS: Good morning. I'm Christine Romans. It is Tuesday, May 21st, it is exactly 4:00 a.m. in the East.

Let's begin here in Washington in the standoff between the executive and legislative branches of government. It's the judicial branch that may have delivered the most consequential blow on Monday. A federal judge ruling President Trump's long time accounting firm Mazars must turn over his financial records. It's not just a win for Democrats. It's a sweeping judgment backing Congress's rights to hold a president accountable.

Democrats will no doubt wrap themselves in this ruling as the White House keeps trying to limit congressional oversight.

BRIGGS: The latest example of stonewalling, former White House counsel Don McGahn expected to defy a congressional subpoena and not show up for a House Judiciary Committee hearing today. The White House argued McGahn is exempt from congressional hearings because he is a former senior presidential adviser. He did waive privilege to speak to Robert Mueller's team. But now, McGahn's lawyer say their client finds himself facing contradictory orders from two co-equal branches of government. As an attorney, he owes it to his former client not to attend.

Democrats want to hear from the former White House counsel, the Mueller report says McGahn refused President Trump's orders to fire special counsel Mueller. Now, Democrats are weighing their next move. Judiciary Chairman Jerry Nadler warning there will be serious consequences if McGahn does not show up today.

(BEGIN VIDEO CLIP)

REP. JERRY NADLER (D-NY): The first thing we're going to do is hold -- we're going to have to hold McGahn in contempt. The recalcitrance of the president and his lawless behavior is making it more and more difficult to ignore all alternatives, including impeachment, and we'll have to consider that and all other alternatives.

(END VIDEO CLIP)

BRIGGS: Trump has personally announced the White House will fight all congressional subpoenas but he's distancing himself from the move to block McGahn's testimony.

(BEGIN VIDEO CLIP)

TRUMP: And the attorneys say that they're not doing that for me, they're doing that for the office of the president. So, we're talking about the future.

(END VIDEO CLIP)

BRIGGS: Nadler warning McGahn the Judiciary Committee will use all enforcement mechanisms at its disposal to compel his testimony.

ROMANS: As for that court order to the Trump accounting firm, a federal district judge telling Mazars it must turn over Trump accounting records from before he was president to the Democratic- controlled House Oversight Committee.

House Democrats have flagged the ruling to a judge in New York, where another court is considering challenges to House subpoenas for Trump records from Deutsche Bank and Capital One. In his opinion, the D.C. court judge said it is simply not fathomable that the Constitution that grants Congress the power to remove a president would deny Congress the power to investigate him, a predictable reaction from the president.

(BEGIN VIDEO CLIP)

TRUMP: I think it's the wrong -- it's totally the wrong decision by, obviously, an Obama-appointed judge.

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ROMANS: The Trump legal team plans to appeal. BRIGGS: Democrats hold opposing views on impeachment at a meeting

Monday night. Congressman Steve Cohen asked why House Speaker Nancy Pelosi why she doesn't support impeachment. She told him one thing will lead to another, but the party is clearly not on the same page.

(BEGIN VIDEO CLIP)

REP. DAVID CICILLINE, (D-RI): We have a responsibility at some point to open an inquiry if this kind of obstruction and interference and stonewalling of the entire investigation continues.

REP. HAKEEM JEFFRIES (D-NY): You can't go from zero to 60 because why would we open an impeachment inquiry if we are winning in the court system as it relates to conducting our constitutionally-anchored oversight responsibility?

(END VIDEO CLIP)

BRIGGS: House Democrats continue to debate over impeachment behind closed doors in several meetings. Our "Washington Post" colleague Rachael Bade reports House Judiciary Committee Chairman Jerry Nadler privately made the case for impeachment to Speaker Pelosi and she still said no.

ROMANS: All right.

[04:05:00] President Trump's 2020 election strategy is starting to take shape. He just wrapped up his fourth rally in 22 days and notice the four states, Pennsylvania last night, along with Michigan, Wisconsin and Florida. Most experts believe Mr. Trump has to hold all four to win a second term.

Sources tell CNN that the president is growing increasingly frustrated by the amount of air time the Democratic contenders have been getting.

Last night, he honed in on the favorite, former vice president and Pennsylvania native, Joe Biden.

(BEGIN VIDEO CLIP)

TRUMP: Biden deserted you. He's not from Pennsylvania. I guess he was born here but he left you, folks.

This guy talks about I know Scranton and I know -- well, I know the places better. He left you for another state and he didn't take care of you.

(END VIDEO CLIP)

BRIGGS: CNN has learned the Trump campaign conducted a poll of key battleground states and it confirmed cracks in the president's Rust Belt support especially in Michigan and Pennsylvania.

Biden kicked off his campaign in Pennsylvania Saturday. That should tell you how critical the state is to both campaigns.

Takes a look at a recent Quinnipiac poll. Right now, Pennsylvania voters favored Biden over Trump by 11 points.

ROMANS: All right. Beto O'Rourke hoping for a campaign relaunch. The former Texas congressman raised over $6 million in day one but it's been downhill ever since with the contributions and the poll numbers slipping.

O'Rourke admits making mistakes like coming off as privileged in a "Vanity Fair" cover story. He's trying to shift the focus to policy with an emphasis on his $5 trillion climate change plan which includes infrastructure and innovation projects.

(BEGIN VIDEO CLIP)

BETO O'ROURKE (D), PRESIDENTIAL CANDIDATE: This urgency, this energy that we all have and we all feel here tonight and I hope throughout the course of this campaign is brought to bear on achieving our policy goals.

(END VIDEO CLIP)

ROMANS: A programming note. Dana Bash hosts a live CNN town hall in Iowa with Beto O'Rourke tonight at 10:00 Eastern, only on CNN.

BRIGGS: Potentially life-threatening tornadoes ripping through parts of the south central U.S. overnight. A total of 14 twisters confirmed in Central Oklahoma and Western Texas. The winds so intense, they ripped the roof off this home in Perry, Oklahoma.

That sound, hail smashing into the windows of a business in Wyandot, Oklahoma. Early damage report suggests the worse has been avoided, but more than 4 million people are in harm's way from Texas to Missouri. And now, a threat of flash floods. Water rescues already underway. Schools in Stillwater, Oklahoma, are closed today.

Let's go live to meteorologist Pedram Javaheri.

Pedram, good morning.

PEDRAM JAVAHERI, AMS METEOROLOGIST: Christine and Dave, you know, incredible day there on Monday when it comes to this severe weather. Not only did we have large hail, baseball-sized hail reported. Grapefruit-sized hail reported across portions of the south central states and even a level 5 high risk was issued.

So, the expectation was pretty significant here for not only large tornadoes but long track tornadoes. Fortunately, not all of that materialized, but the latest number bumped up the tornado count to 19. We are seeing about a hundred reports of damage related to wind and hail, of course, as large as grapefruit size in diameter, and notice the activity, beginning to dwindle, of course. We have lost daytime heating for about eight or so hours across the region.

So, conditions beginning to finally quiet down. But nearly 20,000 lightning strikes across the region in a 24-hour period. The energy, it's still there, shifting a little farther towards the east today. St. Louis, Springfield, Little Rock, that's the highest threat zone from additional threat from damaging, winds and, of course, tornadoes across this region.

Heavy rainfall, though, that's almost a certain bet across this area. And if you followed the weather story in recently weeks, you know that flooding has been a big time issue across that region. So, that's the last thing you want to see with additional rainfall on top of it.

And, lastly, big time heat in store the next couple of days, guys, and we're talking about among the hottest temperatures observed potentially for the month of May, near 100 for the southern U.S. by this weekend -- guys.

ROMANS: Oh, wow. All right. Pedram Javaheri, thank you for that.

BRIGGS: Keep our fingers crossed. Thank you.

ROMANS: Absolutely.

JAVAHERI: Thanks, yes.

ROMANS: All right. Global sea levels could be rising in more than twice the rate previously predicted. According to a study published by proceedings of the National Academy of Sciences, such a rise in sea levels could cost a loss of 1.92 kilometer of squared land, including important regions of food production. That means 187 million people could be displaced.

A study published last month found climate change is melting large portions of ice from Greenland at a speed that has already significantly contributed to global sea level rise at a rate faster than scientists previously thought.

BRIGGS: Two people have been killed in a float plane crash in southeast Alaska. Taquan Airlines was the operator. One of their beaver floatplanes was involved in the collusion with another aircraft just last week, killing six people. That crash and this one now under investigation by the NTSB.

[04:10:02] In Monday's crash, the pilot and the passenger were the only ones on board. Their identities are not being released until relatives have been notified.

ROMANS: All right. A new lawsuit claims Boeing concealed design flaws in its planes for decades. The suit was filed by the former inspector general of the Transportation Department on behalf of one of the victims of the Ethiopian Airlines crash in March. Now, the legal action draws parallels between Boeing's responses to two recent deadly 737 MAX crashes, and two crashes involving older 737 models in 1991 and 1994.

Now, the suit argues in both cases, Boeing withheld information, rejected or resisted calls to ground the aircraft, and emphasized pilot's actions over design issues. A Boeing spokesperson would only say the company is fully cooperating with investigators.

BRIGGS: The measles outbreak is not slowing down. Oklahoma joining 23 other states reporting a total of 880 cases. That's up 41 since last week. Thirty of those new cases diagnosed in New York where the outbreak began seven months ago.

It's contained mostly to orthodox Jewish communities in New York City, and Rockland County where parents do not vaccinate their kids. Rockland County executive Ed Day asking President Trump for federal intervention. He wants the government to stop travelers from other countries from bringing measles into the United States.

ROMANS: All right. Could Chinese-made drones be stealing data from Americans and sharing it with the Chinese government? A new Homeland Security warning, next.

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[04:16:10] ROMANS: All right. The Trump administration easing up on Huawei just a little bit. The Commerce Department granting exemptions, exceptions to the restrictions placed on Huawei last week, issuing a temporary license that allows it to maintain existing networks and continue providing wireless services. Huawei is the sole provider of networking equipment to many rural American Internet providers.

But it is still banned from buying U.S. equipment to make new products. President Trump signed an executive order last week that banned Huawei from selling telecom gear in the U.S. The U.S. has also asked its allies to avoid using Huawei's products.

The concern here is they pose a risk to national security, that he can be used to spy for the Chinese government. Huawei's founder said Tuesday this temporary license didn't make much sense and the company was prepared for disruptions to its supply chains.

The temporary license went into effect Monday. It will last for 90 days. It could be extended after that.

BRIGGS: Prince Charles has agreed to meet one-on-one with President Trump. That will take place next month during the president's controversial state visit to the U.K. The meeting sets up the prospect of a rather awkward confrontation over climate change. The prince's office declined comment on the agenda but Charles is passionate about the environment and President Trump, a climate denier, Charles has often ignored customs that say senior British royals should stay out of politics.

ROMANS: All right. The Department of Homeland Security issuing an alert that Chinese-made drones may be stealing data. And the information could be access by China's government. DHS officials say the drones are a potential risk to the organization's information. It could compromise personal data and share it on a server accessed beyond the company itself. The report does not name any specific manufacturers, but nearly 80 percent of the drones used in the U.S. and Canada come from a company with headquarters in China.

BRIGGS: All right. For the fifth time since December, a young migrant has died in government custody. The details ahead on EARLY START.

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[04:23:03] BRIGGS: A 16-year-old boy from Guatemala has died in government custody. Customs and Border Protection says Carlos Gregorio Hernandez Vasquez was apprehended and processed near Hidalgo, Texas, on May 13th. He was transferred to a Border Patrol station on Sunday and was found unresponsive Monday. The cause of death is unknown. Vasquez, the fifth minor to die in government custody since December.

(BEGIN VIDEO CLIP)

KARLI, SESAME STREET MUPPET: I am safe.

MUPPETS: You are safe.

KARLI: I am strong.

MUPPET: You are strong.

(END VIDEO CLIP)

ROMANS: That's "Sesame Street's" newest puppet Karli with her for now parents. She debuted in the children's show Monday to highlight the unique love of foster families. Producers say Karli story line will highlight stability and a sense of belonging. They also want foster parents and providers to hear and see that what they do matters.

BRIGGS: The reviews are mixed, but the numbers are huge for this series finale of "Game of Thrones."

((BEGIN VIDEO CLIP)

KIT HARRINGTON, ACTOR, HBO, "GAME OF THRONES": You are my queen, now and always.

(END VIDEO CLIP)

BRIGGS: Hope you've seen the series finale, by the way.

ROMANS: Yes, you get 24 hours, and then forget it.

BRIGGS: Jon Snow, killing his queen in a pivotal moment of "The Throne's" finale. A total of 19.3 million people watched the finale on HBO. That's the biggest same day audience ever for the show or the network, topping the previous record last week in the penultimate episode.

According to HBO, season eight of "Game of Thrones" has averaged 44 million viewers per episode, when accounting for delayed viewing.

[04:25:01] ROMANS: All right. A Minnesota woman is paying it forward by donating a kidney to a volunteer firefighter who helped save her daughter's life. Becca Bundy first met Bill Cox in August 2016 when her daughter was having a seizure. He got there before an ambulance arrived and thanks to him, Becca's daughter survived. The pair met again in 2018 when Becca went to a benefit for a friend. She immediately recognized Bill who was wearing a shirt saying he was in kidney failure and in desperate need of a kidney. Luckily, Becca was a match and was able to donate.

After surgery, Bill is doing just fine and is back to being a volunteer firefighter.

BRIGGS: Reigning "Jeopardy!" champ James Holzhauer back on the air after a two-week hiatus and right back to business.

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ALEX TREBEK, HOST, "JEOPARDY!": His response was correct and his wager was substantial, I bet. Yes, $40,000 -- $89,229. And now, a new total for 23 days of $1,780,237.

(END VIDEO CLIP)

BRIGGS: That familiar smile.

Holzhauer's historic run on "Jeopardy!" extended to 23 straight games. He added another $89,000 Monday. Holzhauer's total winnings are second to Ken Jennings who won $2.5 million during his record, 74 game "Jeopardy" streak in 2004. Jennings is rooting for James to break his record.

ROMANS: Awesome.

All right. More brazen stonewalling by the White House. The former counsel will defy a subpoena today, but a judge's ruling could alter how the White House fends off oversight.

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