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Anderson Cooper 360 Degrees

Trump Asks Judge To Lift Gag Order In Hush Money Case; Rep. Adam Schiff (D-CA) Talks About Baseless Claims Of Republican Party About The Justice System; AG Garland Slams Conspiracy Theories Targeting DOJ, FBI; New Biden Illegal Immigration Crackdown Takes Effect At Midnight; One Man's Mission To Patrol The U.S.-Mexico Border; One Man's Mission To Patrol The U.S.-Mexico Border; Hunter Biden's Addiction Battles Front & Center In Day Two Of Trial; Prosecutors Show Jurors Cash, Drug Pics As Evidence He Allegedly Broke Federal Gun Law; Former Planned Parenthood President Cecile Richards On Her Cancer Battle And Fight For Abortion Rights; 35th Anniv. Of Tiananmen Square Massacre. Aired 8-9p ET

Aired June 04, 2024 - 20:00   ET

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


[20:00:00]

JEFF ZELENY, CNN CHIEF NATIONAL AFFAIRS CORREPONDENT: And this Republican convention here in Milwaukee will take place only one week after Trump's sentencing. Of course, he does intend to announce his running mate right here.

As for Quinlan (ph), she's holding out hope. She knows it's a long shot that Nikki Haley will be on the ticket with the former president. Erin, she believes that she could help reach out to some of those suburban voters like herself. Erin?

ERIN BURNETT, CNN HOST: All right. Jeff Zeleny, thank you very much from Milwaukee tonight. And thanks so much to all of you for being with us as always. Anderson starts now.

ANDERSON COOPER, CNN HOST: Tonight on 360 breaking news, the former president wants his New York gag order lifted. The latest on why and what impact greater freedom to speak out could have on the sentence he receives.

Also tonight, Attorney General Garland under oath facing Republican allegations of weaponizing the justice system. How those inflammatory claims stand up against the actual facts.

And as the President takes executive action on undocumented migrants, a story you'll only see here. How one man has taken the issue into his own hands and what he encounters in his nights on the border.

Good evening. Thanks for joining us. We begin with breaking news. A request late today from the former president's legal team to lift the gag order now that a jury has found him guilty in all 34 felony counts of falsifying business records to keep word of his hush money payment to Stormy Daniels from reaching voters in the 2016 election.

As you know, gag order or not, he's already said plenty about the judge, the judge's daughter and witnesses in the case. Now his lawyers are seeking free rein. CNN's Kara Scannell is here with the details.

Also joining us, bestselling author and former federal prosecutor Jeffrey Toobin and retired New York judge, Jill Konviser, a longtime friend of the trial judge in the case.

So Kara, what does the Trump team want?

KARA SCANNELL, CNN CORRESPONDENT: So Trump's team is saying now that the trial is over and the gag order that was put in place to protect the witnesses, the jury from Trump's comments, now that it's over, they're saying that the judge should lift this gag order. So they write in the letter to the judge, "Now that the trial is concluded, the concerns articulated by the government and the Court do not justify continued restrictions on the First Amendment rights of President Trump - who remains the leading candidate in the 2024 presidential election - and the American people."

And they go on to say that they think that there's even a stronger argument now to remove it because President Joe Biden has made comments on the verdict and has Stormy Daniels and Michael Cohen, two of the key witnesses. So the court spokesman for the judge says the order speaks for itself, the DA's office has declined to comment. And either way, Trump is not prohibited from talking about the trial, talking about the verdict. It's just he's prohibited from speaking about these witnesses and the jury. The question will be, expect the DA's office will file a response and then ultimately see what the judge does.

COOPER: Jeff? I mean, is this a reasonable request?

JEFFREY TOOBIN, CNN CHIEF LEGAL ANALYST: I think it is a reasonable request when it comes to the witnesses. The idea behind a gag order about witnesses is that you don't want to affect their testimony in any way. They are - they have testified. The testimony is over.

Also, you have the main key witnesses in this case, Michael Cohen, Stormy Daniels, David Pecker, Hope Hicks. They're all public figures with access to the press themselves. Several of them have already commented. I think it's a little different with the jury. I think judges are very protective of jurors even after they have served, especially in such an inflammatory situation here and where their identities have largely been kept secret.

I wouldn't be surprised if the judge kept the restrictions on the jury in effect. But witnesses, I do think Trump has a good point.

COOPER: Judge, do you agree with that?

JILL KONVISER, FORMER NY STATE SUPREME COURT JUSTICE: I do. I agree that it is not entirely a crazy request, but it would not be crazy for him to continue the gag order either. Let's remember, the defendant is convicted, but the case has not wrapped up. The defendant is yet to be sentenced, and a judgment of conviction, therefore, has not yet been entered.

So I think he'd be well within his rights to do it. But I agree completely that the judge - that any judge, would be much more concerned about jurors than witnesses, particularly public witnesses who have been speaking out.

COOPER: Would that - I mean, Jeff, would that, from a legal standpoint, even exist after whatever the sentencing is? I mean, if - can a judge have a permanent gag order protecting witnesses for ...

TOOBIN: No. No. I mean, his jurisdiction over this case continues as long as the case is in effect is pending. If this case is obviously going to be appealed, it would then be up to the court of appeals to decide if they want to issue a gag order. Frankly, I've never even heard, maybe you have, I've never heard of a court of appeals issuing a gag order. So I think this only applies until the sentencing, which is now, you know, June - July 11th, which is just, you know, a little more than a month away.

COOPER: So Kara, when will this be ruled on?

SCANNELL: I mean, the expectation is that the DA's team will respond probably pretty quickly. And then I would think that the judge would make a decision.

[20:05:00]

I mean, he has - he can - has complete control of this calendar, so he could decide to just not rule on it until the sentencing or he could decide to do it more quickly. There's not really an immediacy to this request. It's not an emergency request of any kind and the sentencing is about six weeks away. So it's really up to the judge to decide when he's going to do that and if he's going to wait until the end of the proceedings.

COOPER: And judge, just in terms of, you know, the - with sentencing, if the former president was to violate the current gag order, how much would that play into in his previous violation, how much would that play into sentencing about possible prison time or not?

KONVISER: I think that's an excellent question. And I say that because when it comes to sentencing, the world is the judge's oyster and can consider anything. When you're in a courtroom, when you're making rulings and they're coming fast and furious on evidentiary issues, it's one thing. There are rules to follow.

There are really not a lot of rules in terms of sentencing and a judge can and should look at everything, including what the defendant has said, what remorse, if any. If he's attacking witnesses, the judge should consider that. I certainly would.

TOOBIN: And remember, it's - he was found in contempt. I mean, that is a separate violation. And what was - I think it was 11 - with 11 different --

KONVISER: Ten.

TOOBIN: Ten different findings of contempt, that is entirely relevant to the decision on sentencing. Doesn't mean he's going to get jail time, but it certainly pushes jail time into a more likely area, given a very serious thing that contempt of court is.

COOPER: Jeff Toobin, thanks. Judge Konviser, Kara Scannell, thanks so much.

Now, keeping them honest, a study in contrast, in one hearing at the Capitol today, FBI Director Christopher Wray warned of a series of domestic threats facing the country.

(BEGIN VIDEO CLIP)

CHRISTOPHER WRAY, FBI DIRECTOR: When I look back over my career in law enforcement, I would be hard pressed to think of a time when so many different threats to our public safety and national security were so elevated all at the same time. But that is the case as I sit here today.

(END VIDEO CLIP)

COOPER: Those threats, he told a Senate panel, include the potential for a coordinated attack like the March ISIS-K massacre at a Russian concert hall last March, computer ransomware attacks and the fentanyl epidemic. That was one hearing, and scary though the specifics were everything else about it was fairly typical.

By contrast, over on the House side, it was anything but. As Republican members of the House Judiciary Committee grilled Director Wray's boss, Attorney General Merrick Garland, in their battle against what they say is a weaponized justice system targeting the former president.

(BEGIN VIDEO CLIP)

REP. TOM MCCLINTOCK (R-CA): Mr. Attorney General, there's no blinking at the fact that for the first time in American history, we do have a presidential administration that's working to put its opponent in jail.

(END VIDEO CLIP)

COOPER: Well, as we and many others have reported, there's no evidence the Justice Department, FBI investigators, several federal grand juries and judges are doing anything but their jobs and no evidence that any federal officials influenced New York authorities, the judge or the 12 jurors who convicted the former president. But that is not stopping the allegations, as CNN's Manu Raju found out today.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You swear or affirm under penalty of ...

(END VIDEO CLIP)

MANU RAJU, CNN CHIEF CONGRESSIONAL CORRESPONDENT (voice over): Attorney General Merrick Garland facing off with his loudest critics on Capitol Hill.

(BEGIN VIDEO CLIP)

MERRICK GARLAND, ATTORNEY GENERAL: I will not be intimidated and the Justice Department will not be intimidated.

(END VIDEO CLIP)

RAJU (voice over): And calling out GOP attacks that his department was behind the New York hush money case that made Donald Trump the first ever ex-president to become a convicted felon.

(BEGIN VIDEO CLIP)

GARLAND: That conspiracy theory is an attack on the judicial process itself.

(END VIDEO CLIP)

RAJU (voice over): Republicans firing back.

(BEGIN VIDEO CLIP)

REP. MATT GAETZ (R-FL): Will the Department of Justice provide to the committee all documents, all correspondence between the department and Alvin Bragg's office and Fani Willis' office and Letitia James' office?

GARLAND: The offices you're referring to are independent offices of state ...

GAETZ: I get that. I get that.

GARLAND: ... of state.

GAETZ: The question is whether or not you will provide all of your documents and correspondence. That's the question. I don't need a history lesson.

GARLAND: Well, I'm going to say again, we do not control those offices. They make their own decisions.

GAETZ: The question is whether you communicate with them, not whether you control them. Do you communicate with them and will you provide those communications?

GARLAND: If you make a request, we'll refer it to our office of legislative affairs. They will respond appropriately.

GAETZ: But see, here's the thing, you come in here and you lodge this attack that it's a conspiracy theory that there is coordinated lawfare against Trump. And then when we say, fine, just give us the documents, give us the correspondence, and then if it's a conspiracy theory, that will be evident.

(END VIDEO CLIP)

RAJU (voice over): Democrats said Republicans were playing for an audience of one.

(BEGIN VIDEO CLIP)

REP. ADAM SCHIFF (D-CA): You're about to nominate a convicted felon and they don't know how to cope with that.

(END VIDEO CLIP)

RAJU (voice over): The GOP taking aim at Garland for appointing Special Counsel Jack Smith, who is leading the prosecution against Trump in two federal indictments.

(BEGIN VIDEO CLIP)

REP. JIM JORDAN (R-OH): Is he your first choice?

GARLAND: I'm not going to go into the questions.

JORDAN: Did you know him before you picked him?

GARLAND: I did not.

JORDAN: Did he ask for the job?

GARLAND: This is not a job I don't think anybody asks for.

JORDAN: That's not ...

GARLAND: I'm sorry.

JORDAN: No, but that's not the question I asked you. I said, did Jack Smith ask for the job?

GARLAND: He did not ask me for the job, no.

(END VIDEO CLIP)

[20:10:01]

RAJU (voice over): Garland today refusing to comply with the House subpoena for audio of Special Counsel Robert Hur's interview with President Joe Biden over his handling of classified documents. In that 388-page report, Hur declined to prosecute Biden, citing in part how a jury would view him as a sympathetic, well-meaning, elderly man with a poor memory.

(BEGIN VIDEO CLIP)

GARLAND: Releasing the audio would shield cooperation with the department in future investigations.

(END VIDEO CLIP)

RAJU (voice over): Republicans accusing Garland of protecting Biden as they threaten the attorney general with contempt of Congress.

(BEGIN VIDEO CLIP)

REP. CHIP ROY (R-TX): Is it because DOJ has determined the President is not mentally fit to defend himself and stand trial for his crime, but former President Trump is?

GARLAND: I say again, that's an inaccurate description of Mr. Hur's report.

(END VIDEO CLIP)

RAJU (voice over): Undercutting the GOP's criticism is the fact that two sitting Democratic congressmen and the President's own son, Hunter, are facing three separate criminal indictments.

(BEGIN VIDEO CLIP)

REP. STEVE COHEN (D-TN): So you've prosecuted Democrats, and as we speak, Hunter Biden, who is a son of the President, is under trial in Delaware. You haven't weaponized the Justice Department in terms of hiding and protecting Democrats, Menendez, Cuellar and Hunter Biden.

GARLAND: The Justice Department follows the facts and the law.

(END VIDEO CLIP)

(END VIDEOTAPE)

RAJU (on camera): Now, Merrick Garland also faced questions from three GOP hardliners today about the treatment of January 6th prisoners. Three - these three congressmen, Roy, Biggs and Massie write in a letter to Garland, part of what they say is: "In addition, other investigations have pointed to the FBI's possible involvement in facilitating the events of January 6th."

They cite as evidence in this letter a New York Post columnist piece from last year about this topic. Now, it is important to point out, Anderson, that the FBI Director Christopher Wray has repeatedly testified that the FBI had absolutely no involvement in the attack on January 6th. The Justice Department itself has prosecuted hundreds of people, many of whom pleaded guilty, admitted they were wrong and some of them also, of course, Anderson said they came to the Capitol because they thought they were following Trump's orders, Anderson.

COOPER: Manu Raju - Manu, thank you.

California Democratic Congressman Adam Schiff, who you saw briefly in Manu's report, serves on the Judiciary Committee and is a former member of the Select Committee on January 6th. He's more than qualified to speak to allegations about the FBI's role on that day.

I mean, I guess I shouldn't be surprised, but it is - I mean, it still just strikes me as bizarre that so many House Republicans keep pushing a debunked claim that the FBI played a role in facilitating the events on January 6th.

SCHIFF: It is crazy and they know better and they continue to push all these conspiracy theories. We heard today as Jim Jordan, Matt Gaetz and others tried to suggest that the Justice Department or the President was behind the Manhattan DA's prosecution. They understand how the court system works. They know that the federal system is completely separate and distinct from a local prosecutor's office like that in Manhattan.

Matt Gaetz for his own part has all too much experience in the criminal justice system being the subject of a sex trafficking case. So they understand how the system works, but they wish to mislead the public. They want to somehow obscure the fact that their about-to-be nominee is now a convicted felon, and they're willing to tear down the justice system and do whatever is necessary in the service of that deeply flawed human being.

COOPER: You said that in the hearing. That's what you think is at the heart of this, that they're freaked out, essentially, over Trump's conviction and are trying to figure out how to deal with it.

SCHIFF: Absolutely. And, you know, not just in committee, but so many of them. In fact, when they were holding Merrick Garland in contempt a couple weeks ago, they had many members absent, some of which were absent because they were in Manhattan, standing outside the courthouse, essentially paying fealty once again to Donald Trump.

They hope to avert a conviction now that there are multiple, multiple convictions. They're just tearing everything down and doing such enormous damage. You know, one of the questions I didn't have a chance to ask Merrick Garland today is, you know, what's the effect in courthouses around the country? Undoubtedly, and I've heard this from prosecutors, you have defendants making the Trumpian argument that their prosecutions are a witch hunt, they're a hoax, they're a sham, attacking the FBI in the same language that Donald Trump and his enablers on the committee are using and this is really undermining the rule of law everywhere.

COOPER: The level of dysfunction in these hearings - I mean, we've seen, you know, look for, you know, for a long time, we've seen in hearings like this, politicians on all sides of the aisle, grandstanding, you know, playing for cameras and stuff like that. But just in your experience, how does it compare now to what you have seen or we've all seen in the past?

[20:15:00]

SCHIFF: Well, it is just a whole another order of magnitude of deterioration. You know, in the past, you would have kind of a one-off member here or there who said stuff that was just plain crazy. Now it is just routine and there is this, I think, pernicious competition among members of the GOP, both as to who can essentially kiss Donald Trump's brass ring more demonstrably than the other or just say the most extreme things. It's become a venue for really a form of vile performance art.

And, you know, it won't continue this way indefinitely. I think when Trump leaves the stage for good, which I hope will be in November, I think the temperature comes down. But nevertheless, we're seeing what people are really made of.

COOPER: Yes. Congressman Schiff, I appreciate your time. Thank you so much.

More perspective now from John Miller, our chief law enforcement intelligence analyst and a veteran of the FBI in New York Police Department. How - I mean, is there a real-world threat based on these kind of conspiracy theories? Does it actually - is it actually dangerous?

JOHN MILLER, CNN CHIEF LAW ENFORCEMENT AND INTELLIGENCE ANALYST: Well, it is because what we saw today, and not the first time, Anderson, I think as Congressman Schiff pointed out, is the difference between a QAnon conspiracy chat room with the crazy conspiracy theories that, you know, have been spawned and a congressional hearing has narrowed now to almost nil. Why is that concerning? If you're the Justice Department, if you're the FBI, there are people out there, because this is, the lie oft repeated just becomes some kind of truth.

There are people out there that these investigators will be interviewing, will be seeing, will be investigating, where they expect that trust and confidence in the FBI and the Justice Department. And this foments, you know, these kind of doubts. These are sworn, oath- taking, career civil servants.

I worked in the FBI. I dealt with the Department of Justice every day. These are people who - as I did, worked for Republicans, worked for Democrats and will work for Republicans and Democrats today. And to - in the FBI Academy, a sheriff gave me an expression a long time ago, and he said, you know, if you're going to go wrestle with a pig, you're both going to get mud on you. The difference is the pig likes it.

When these people go before Congress and they take that oath to tell the truth, the people asking these questions, they don't have to have the truth. The question is the stunt.

COOPER: Do you - I mean, you talk to people in the DOJ, the FBI, I'm sure, all the time. Does this have an impact on morale?

MILLER: Oh, it does. And you know why? They know that what's being said isn't true. They know that the hearing is essentially rigged for this kind of showmanship. But they also know that when they get out of the car to walk up their walkway, you know, their neighbors are looking at them and wondering, like, is that the Justice Department that Joe works at? Is that the FBI that Bill serves in? And it affects morale, especially because they take this so seriously.

If you if you listen to Merrick Garland's last words, you know, in his statement, he said, I will not be intimidated and the Justice Department will not be intimidated. We will continue to do our job free of political influence or fear. And that is what they're counting on. It's quite remarkable.

COOPER: Do you think it works? I mean, do you think they are intimidated? MILLER: Well, I think that it has an effect when you're working on a

case and they tell you, you follow the facts. The case is the boss. Don't worry about politics. When you when you see your political masters, your elected officials accusing the FBI of being behind January 6th, singling out individual agents and prosecutors and saying they are behind conspiracies by naming them, by saying we're going to defund the FBI, we're going to defund Jack Smith's investigation.

It can't not have some effect. What they count on is their leadership to protect them from political influence. And we saw even at the end of the Trump administration, his own political appointees to the Justice Department resigning and threatening to resign en masse if he forced them to follow these false election interference allegations.

So what - Merrick Garland is cautious, he is measured to the point of being boring. Today, what we saw was he was angry and he was defending his agency and his people.

COOPER: John Miller, thanks very much.

MILLER: Thanks.

COOPER: Next, two people taking action on the board of President Biden and the latest on steps he took today. And a man you'll meet here tonight, a military veteran who's made it his new mission to see the problems up close and document them.

Later, day one of evidence in the Hunter Biden trial, including the defendant's own words played by prosecutors describing his dissent into drug addiction.

(COMMERCIAL BREAK)

[20:23:59]

COOPER: More breaking news tonight, measures allowing the government to bar migrants who crossed the border illegally from seeking asylum go into effect at midnight. This follows from executive action that President Biden took earlier today, months after the former president derailed bipartisan border security legislation and with the issue looming large in the Presidential race.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: I'm moving past Republican obstruction and using the executive authorities available to me as president to do what I can on my own to address the border. Frankly, I would have preferred to address this issue through bipartisan legislation because that's the only way to actually get the kind of system we have now that's broken, fixed.

(END VIDEO CLIP)

COOPER: More now from CNN's Priscilla Alvarez at the White House for us. So can you talk about what the new executive order entails? PRISCILLA ALVAREZ, CNN WHITE HOUSE REPORTER: Well, Anderson, this is a

sweeping measure that will essentially have huge ramifications at the U.S.-Mexico border for migrants who are seeking asylum. What it does is it shuts off asylum access for migrants who cross the border illegally when there's a daily threshold met of 2,500. That means that border authorities can turn people back to Mexico or remove them to their country of origin.

[20:25:06]

Now, there are some exemptions for unaccompanied migrant children and selected others. But senior administration officials say this is going to take effect immediately. And it's already having fierce backlash from progressives and members of President Biden's own party who say this is a page from Donald Trump's playbook.

And indeed, former President Donald Trump did try to do this exact thing in 2018 using the same authority, but was eventually blocked by the courts. Now, of course, the timing here is notable. We're only a few weeks away from the first presidential debate, and voters rank immigration as one of their top issues.

And this is a president who has been slammed repeatedly by Republicans and Democrats over his handling of the U.S.-Mexico border. So taken together, today really amounts to a significant policy shift for this White House, which began its administration saying it wanted to restore asylum and is now working to shut that valve off for some migrants. So all of this, Anderson, just clearly an indication of the President trying to blunt Republican attacks and preempt his Republican rival on the campaign trail.

COOPER: And it seems likely there'll be court challenges.

ALVAREZ: That's exactly right. The ACLU already saying they plan to take this to court, to challenge it in court. They did that during the Trump administration, and they had some success. As I mentioned, the courts eventually blocked former President Donald Trump from using this very same authority.

And senior administration officials acknowledged that'd be the case in a call with reporters today, saying that they expected litigation from the right or the left on this very issue, which goes to show that really, at the end of the day, the executive is quite hamstrung when it comes to any changes on the U.S.-Mexico border.

They do need Congress. That is true. It's only Congress that can really overhaul the U.S. immigration system. But at the end of the day, this is a massive change for this White House, which began on a different note back in 2021.

COOPER: Priscilla Alvarez, thanks very much.

CNN David Culver is at a border crossing in San Diego with a story of one man who's made patrolling the border a personal mission. David?

DAVID CULVER, CNN SENIOR NATIONAL CORRESPONDENT: Hey, Anderson, I'm going to introduce you to that man in just a minute, but I want to show you what's happening live behind me. David, why don't you step over here - our photojournalist, Dave (INAUDIBLE) I'm going to peek through the barrier, and you can see there's a group of about a dozen migrants. They've been here a few hours now, and they're lined up. And this is the process that plays out dozens of times each day here along the San Diego sector of the U.S. southern border.

And it's really down to a perfect science at this point with these border agents. They know what to put in the bags and to have the folks put everything that can't be carried on them into those bags, one bag, and then they get on board that van, and they head to then detention centers where they're going to be processed, most of them under claims of asylum.

Now, the question is going to be in the days to come, when they hit that threshold that Priscilla was talking about, what really happens to them. In theory, they would be put on a van, put into the detention center and then driven right back over into Mexico. Now, you mentioned that veteran who we spent time with late last night into the early hours this morning. And as that executive action was coming into play, he wanted to show us the crisis firsthand.

(BEGIN VIDEOTAPE)

CULVER (voice over): Keeping up with Cory Gautereaux is a challenge, especially on dirt roads as the sun sets on the California-Mexico border. He's gotten word migrants have just crossed.

(BEGIN VIDEO CLIP)

CULVER (on camera): We're watching this. You can actually see it if you (INAUDIBLE) they just brought up a border patrol van, and they'll load them up on that van and continue on to processing centers. I mean, you see this pretty regularly, I assume, too, because this is your community.

CORY GAUTEREAUX: New people that come out and see this firsthand, it's a shock to them. It's very confusing. It's still confusing to me, but it's not necessarily a shock. This is just everyday life here now.

(END VIDEO CLIP)

CULVER (voice over): Here is San Diego County, and Cory is not border patrol, but an Army veteran who admits he's become obsessed with understanding this migration surge.

(BEGIN VIDEO CLIP)

GAUTEREAUX: And it's very frustrating to watch this stuff happen in my backyard when we have veterans in our country who don't have homes, who don't have health care. I feel like we should prioritize some things.

Cell phone.

CULVER (on camera): The cell phone. Connection ...

(END VIDEO CLIP)

CULVER (voice over): Cory's begun collecting what migrants leave behind, most surprisingly, passports and IDs.

(BEGIN VIDEO CLIP)

CULVER (on camera): It's Mexican immigration.

All together, you said hundreds of IDs?

GAUTEREAUX: Yeah.

CULVER: Where do you keep them?

GAUTEREAUX: Secret location.

CULVER: Can we see it?

GAUTEREAUX: Yes.

CULVER (voice over): On the way there ...

(BEGIN VIDEO CLIP)

GAUTEREAUX: 10-4.

(END VIDEO CLIP)

CULVER (voice over): Cory stops and points out vulnerabilities in the border wall, places he says smugglers direct migrants to cross, and he shows us remnants of recent campsites.

(BEGIN VIDEO CLIP)

CULVER (on camera): So this is, as you see it, a collection that represents the migration crisis impacting the U.S. right now?

[20:30:03]

GAUTEREAUX: Yep, the San Diego sector specifically.

CULVER: So you've got a group from China, you've got other parts of South America, Central America, South America here. Credit cards as well. What do you make of all this?

UNIDENTIFIED MALE: It -- I don't know. I don't know what you make of it. It's just kind of insanity that people would leave these personal documents behind.

CULVER: And why collect them?

UNIDENTIFIED MALE: Each one of these people has a story, whether that story is coming here for asylum or coming here to have a better life, or coming here for nefarious reasons. They've all got a story.

CULVER (voice-over): In recent weeks, Corey (ph), along with friends who don't want to be on camera, have documented what they've seen. This thermal camera video, appearing to capture a smuggler dropping off a large group, then taking off. Here, the desert nightfall brings freezing temps. Migrants often burn whatever might bring them some warmth.

We join Corey (ph) after just a few hours of sleep. He's heading out at 4 a.m. to see what might happen in the hours leading up to Biden's executive action, aimed to limit border crossings.

UNIDENTIFIED MALE: I'm trying to keep my finger on the pulse, because it changes so rapidly.

CULVER (voice-over): With the sun up, Corey (ph) drives us to a path where most migrants are now believed to be entering here, through Brian Silva's (ph) property.

UNIDENTIFIED MALE: On the weekends, like, just like, two or three big, big groups come through.

CULVER: Through where -- which way?

UNIDENTIFIED MALE: They're probably on my way and they come down.

CULVER: Still the same way.

He's even pointed out to us signs that have gone up in recent weeks. You can see in different languages, asylum, and the arrow pointing this way. And then along the way, there are these ribbons, you can see one in this bush, that then give migrants an indication of which direction they should keep going.

CULVER (voice-over): Just after we part ways with Corey (ph), we see one migrant who's taken that path walking alone.

CULVER: Where are you from?

UNIDENTIFIED MALE: I'm from Turkey.

CULVER: From Turkey.

CULVER (voice-over): He tells us the direction he's going.

CULVER: Here we see a group that's now pulled over there by this truck. They're getting in this truck.

CULVER (voice-over): We drive on and find dozens more staggered along the dirt road.

UNIDENTIFIED MALE: Egypt. Egyptian. Egypt. Welcome to USA.

CULVER: Egypt, Ecuador, Colombia, Brazil, China.

CULVER (voice-over): This mom and her young daughters waving us down, hoping we might be border patrol.

UNIDENTIFIED FEMALE: Turkish.

CULVER: Turkey. From Turkey.

CULVER (voice-over): They're all headed the same direction.

CULVER: He says he's going to walk up here in --

(Speaking Foreign Language)

UNIDENTIFIED MALE: (Speaking Foreign Language).

CULVER: He's -- he acknowledges it's hot, but he says he's got to hurry along because he's going to then continue on to an immigration official to start the process for asylum.

CULVER (voice-over): Brian (ph) says life in Ecuador was becoming unbearable. Instability, which we've seen firsthand, driving him northward. He and the others joined several dozen more migrants. Lined up and following instructions from CBP agents.

They fill the van, which drives off as more migrants march in.

(END VIDEOTAPE)

COOPER: David, have you seen signs that people are changing plans to get across the border before the law goes into place?

CULVER (on-camera): It was something I asked each migrant, Anderson, that we came across. They said with this executive order, did it make you want to get here quicker? What if any impact did it have? Most everyone looked at me and said, what executive order?

And they just don't follow it that closely. And it's something I saw about a year ago with the lifting of Title 42, where folks would say, look, U.S. policy changes so quickly, be it from the president, Congress, the courts. We can't bet our lives around it.

I wanted, though, Anderson, to include that story from Ecuador. That was Brian (ph) there. You go back five months, we were reporting for your show on the violence in Ecuador, and it goes to the root cause of this migration, right? He's somebody who's dealing with instability in his home country, and because of that instability that we covered, he said, I'm leaving a country that was known as the island of peace of Latin America, and I'm headed north.

COOPER: David Culver, thanks very much. Get some sleep.

Coming up, opening statements in the second day of the Hunter Biden federal gun trial that featured frank visual evidence of President Biden's son's battle with addiction. The latest on the trial next.

(COMMERCIAL BREAK)

[20:38:32] COOPER: The second day of the Hunter Biden federal gun trial delved deep into his battle with addiction. One jury even became emotional during the defense's opening remarks. Prosecutors used Biden words and voice from his audio book to describe his drug use and showed pictures of cocaine retrieved from his electronic devices.

First Lady Jill Biden was in court again today. Paula Reid has more.

(BEGIN VIDEOTAPE)

PAULA REID, CNN CHIEF LEGAL AFFAIRS CORRESPONDENT (voice-over): In their opening, prosecutors told the jury, "We're here because of the defendant's lies and choices. No one is above the law. It doesn't matter who you are or what your name is."

Prosecutors also had to address the sensitive and ubiquitous topic of addiction, an issue central to this case, and one that the majority of potential jurors said they had experience with either directly or with a loved one. "Addiction may not be a choice, but buying a gun is."

Defense attorneys tried to shift the focus to Hunter's state of mind. "They have to prove beyond a reasonable doubt that Hunter knowingly violated the law." Inferring that if Hunter was going through periods of sobriety amid his addiction, it could be reasonable for him to not know he was breaking the law by indicating on a federal gun buying form that he was not using or addicted to drugs.

His defense attorney said Hunter didn't have much interest in buying a gun and the salesman led Hunter to guns while he was browsing other items. At least one juror was seen dabbing her eyes during the defense opening.

[20:40:00]

And during the testimony of the first witness, an FBI agent, the jury heard long portions of Hunter Biden's memoir, which he narrated detailing his addiction to drugs.

HUNTER BIDEN, SON OF JOE BIDEN: I possessed a new superpower, the ability to find crack in any town at any time, no matter how unfamiliar the terrain. It was easy.

REID (voice-over): Prosecutors also introduced electronic evidence, including the infamous laptop and text messages from several devices. Some of those text messages said to be about his efforts to get drugs and meet with dealers in 2018 were also shown to the jury.

In one text, Hunter allegedly wrote, "ASAP, if you can." Another reading, "Can you come this way now?" And a text from another alleged contact to Hunter saying, "You want 10 grams?" The jury also saw several images of drugs that the FBI agent testified were found on Hunter's devices. They also saw the ATF form where Hunter allegedly lied to purchase the firearm.

Prosecutors also spent time detailing the large amounts of cash Hunter withdrew on a daily basis in 2018. Around the same time, he purchased the gun at the heart of this case.

(END VIDEOTAPE)

REID (on-camera): Defense attorneys had a chance to cross examine this witness and pointed out that many of the text messages that prosecutors introduced were from 2019, months after this gun was purchased. And also got the agent to concede that it's possible Hunter was not continuously battling with addiction throughout the time in question.

Now, this agent will be back on the stand first thing tomorrow morning. Cross examination will continue. After she's done, we expect to hear from Hunter Biden's ex-wife. Anderson?

COOPER: Paula Reid, thanks very much.

Coming up, I'll speak with the former head of Planned Parenthood, Cecile Richards. She was diagnosed with brain cancer, glioblastoma, last year. I'll talk with her about her fight against the disease and for abortion rights in America.

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[20:46:08]

COOPER: Cecile Richards is one of the most prominent activists when it comes to women's health care rights. Richards, the former head of Planned Parenthood, has spent her career fighting, in particular, for abortion rights at the state and federal level. More recently, she has been involved in another kind of battle involving her own health.

Last summer, she was diagnosed and underwent surgery for fast moving brain cancer, glioblastoma. She's still undergoing treatment and is receiving chemotherapy. I'm thankful she could join us for her first TV interview since the diagnosis and surgery.

Thank you so much for being with us. First of all, how are you doing?

CECILE RICHARDS, CO-CHAIR, AMERICAN BRIDGE 21ST CENTURY: I'm doing really well. I'm almost one year after having this tumor diagnosed and taken out. And you know, it's -- there's been highs and lows, but I feel really fortunate to have health care that is first class living in New York City. And it's made me appreciate how much all people need health care.

COOPER: You actually had surgery the same day that your daughter gave birth to a little boy.

RICHARDS: Yes.

COOPER: So you became a grandmother on the same day you had surgery.

RICHARDS: Exactly. Mine was not planned. Hers was planned. But it's been an incredible journey. Teddy has his name and we FaceTime every morning before Lily goes to work. And it's just been -- makes every day great. COOPER: Yes.

RICHARDS: No matter what happens, we're growing our hair out together because I lost all mine and learning to verbalize things together. And so it's been a great experience. And, you know, I love him more than anything. So --

COOPER: And you are still, I mean, you are still in -- you're fighting for your health, but you're also still fighting for women around the country.

RICHARDS: Well, I am. I think we all have to do what we can do. And it's meaningful. You know, I spent my life doing work that was rewarding. I've so privileged to have -- be able to do jobs that I thought made a difference.

COOPER: What do you think the likelihood if Donald Trump is re-elected that a federal abortion ban would be signed.

RICHARDS: I think it's totally likely. If the Republicans control the Congress and Donald Trump is reelected, there's no way. He's not going to sign an abortion ban. He's the reason we're in this fix. His first term was, you know, is responsible for three justices on the Supreme Court that voted to overturn Roe. Created chaos and really unthinkable situations for women. And no doubt about it. He would sign any bill that came to his desk.

COOPER: Where do you see the -- I mean, where are the front line battles now, in this next year, do you think?

RICHARDS: Well, there'll be ballot initiatives on -- in states that could preserve the right to abortion, in Arizona, in Florida. Those are critical. And, you know, it's interesting. Donald Trump's line now is states rights, you know, that he just wants to leave it to the states.

Well, I've been in the states and it's not a pretty picture. There was just a story last year about a 12-year-old girl in Mississippi. So I know you -- and I know you have a experience in Mississippi. She was raped, sexually assaulted in her front yard by a stranger.

[20:50:07]

And they -- her mother couldn't get her to Chicago to get an abortion. So she started seventh grade this fall with a newborn. And that's what states' rights means for so many women. So I'd like to ask Donald Trump, is that what you see is the future for women in America?

COOPER: Given what you personally are facing, a lot of people in your situation might, you know, just focus on your health and focus on your family and taking the best care of yourself as possible. You're still out fighting the fight.

RICHARDS: I mean, it's so important to me, but I do spend a lot of time with my family. I care about them. I'm so proud of each of them. I have three kids, grown kids, and they're all like following their passions. But, you know, I was raised in a family that believed you just -- that public service was a value and --

COOPER: You are your mother's daughter.

RICHARDS: If only, but she used to say one -- two things.

COOPER: You mother is Ann Richards.

RICHARDS: Yes, yes. I am Anne Richard's daughter. And I love to think that Lily just my daughter just had Ann Richards first great grandchild, but Teddy. But mom had a lot of advice. I know your mom --

COOPER: She did. That surprises me.

RICHARDS: I think your mother probably did too. But two things I never forgot. One is, this is the only life you have. So do it now and whatever needs doing. And the other thing she felt so strongly about and why she was in public service. She's -- she used to say why should you -- your life only be about you? And that really helps, especially at times like this, when you're facing a really tough diagnosis.

And -- but it's important to me and it's important to my kids that they see me doing things in the world as long as I can.

COOPER: Cecile Richards, thank you.

RICHARDS: Thank you.

COOPER: Coming up next, marking 35 years since this standoff in Beijing's Tiananmen Square during a deadly crackdown against pro- democracy demonstrators. What Chinese officials did and did not do to mark the occasion coming up.

(COMMERCIAL BREAK)

[20:57:12]

COOPER: It comes as no surprise that seconds after we teased the story, at the end of the last segment, Chinese censors took our signal off the air. Today marks 35 years since China's deadly crackdown on pro-democracy demonstrators in Beijing's Tiananmen Square. 35 years ago today, Red Army tanks and troops moved in. Witnesses told horrifying stories of some opening fire.

The next day, June 5th, 1989, this defining image of the crackdown that unidentified man in a white shirt facing off against a column of tanks, a brave, lone act of defiance. His name and fate remain a mystery. No official death toll was ever released by the Chinese government, but human rights groups estimate it was in the hundreds, if not thousands.

CNN's Will Ripley has done extensive reporting in China. Tonight he joins us from Taipei, Taiwan. So, can you just remind people of what this anniversary represents, Will?

WILL RIPLEY, CNN SENIOR INTERNATIONAL CORRESPONDENT: In June 4th, 1989, 35 years ago, we don't know, as you said, how many people were massacred in Tiananmen Square. These were young, some of the best and brightest minds in China who were out protesting for democracy, protesting for an end to government corruption, and their calls were brutally suppressed by the People's Liberation Army.

The day after this video and that iconic photo, which has been since known as tank man. We don't know the name of this man who looks like he was just walking to work and stood in front of a column of tanks. They were shooting bullets above his head, trying to get him to get out of the way. Even getting these photos to the rest of the world was quite an ordeal because at that time, Beijing was shutting down all live transmission.

CNN had to hide its videotapes in the U.S. Embassy before tourists smuggled them in a suitcase and flew them to Hong Kong, which at that time was free to report about this. It's a very different situation today.

In the photo, the most famous one, there was about six of them, but the most famous was Jeff Widener of the AP. They had to smuggle the film in a canister hidden in the photographer's shoe just to get these images to the world. But they remain not only iconic to this day, but I think for a lot of people, a symbol of the individual standing up to the power of the state.

COOPER: Yes. And we're showing the color bars that it's happening in China right now. We're being censored as soon as we mentioned, as I said in the tease before the commercial break that we're going to be talking about Tiananmen Square. These color bars went up and the signal is now being blocked.

So Tiananmen vigils have also obviously been banned in China. What's security been like there?

RIPLEY: Well, obviously, there's always heavy security at Tiananmen Square. There's heavy security in Hong Kong at Victoria Park, where up until 2020, there were protests every year, sometimes with 150,000 people. This year, they arrested four people, two men, two women, ages 23 to 69. That's basically all that's left of any commemoration of Tiananmen Square in Hong Kong.

And, yes, as you see from the color bars, China has essentially tried to erase this moment, this date, June 4th, 1989, from its history. I have friends who grew up in China who are highly educated people, but they didn't even know about The Tiananmen Square Massacre until they moved out of the country and learned about it on the free internet.

Of course, China's internet heavily censored it, Anderson.

COOPER: Yes. Will Ripley, thanks so much. Appreciate it.

The news continues. The Source of Kaitlan Collins starts now. See you tomorrow.