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The Lead with Jake Tapper
Millions Experience Rare Total Solar Eclipse; Trump Releases Video Stating States Will Decide Abortion Limits; Hearing Ends On Trump's Effort To Postpone Hush Money Trial. Aired 4-5p ET
Aired April 08, 2024 - 16:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[16:00:00]
BRIANNA KEILAR, CNN HOST: And so I would like to see another one. And until then, I'll have to save this t-shirt.
BORIS SANCHEZ, CNN HOST: The Briclipse.
KEILAR: You'll have to save that one, Boris Sunchez.
SANCHEZ: This very fine shirt that Brianna produced for us. It's been so emotional watching the path of totality across North America.
It's been such a treat to join you. Thank you so much for being with us this afternoon.
KEILAR: And THE LEAD WITH JAKE TAPPER starts right now.
(MUSIC)
JAKE TAPPER, CNN HOST: And welcome to THE LEAD. I'm Jake Tapper.
And we start today with our out of this world lead and the once in a generation phenomenon across the United States right now, parts of the northeastern United States are still experiencing the solar eclipse, which passed across the U.S., plunging parts of 15 states into darkness. Mexico's Pacific coast was the first to experience what's called the totality. That's when the moon fully blocks out the sun. Huge crowds gathered along the path of the totality in cities from Mazatlan, Mexico, to one of the largest watch parties in the United States at the Indianapolis Motor Speedway, all the way to Niagara Falls, New York.
And all that travel is expected to provide a $6 billion impact on the economy according to some analysts. If you missed today's eclipse, you might not need those special sunglasses again until August 2045. That's when NASA says the U.S. will experience its next total solar eclipse.
But we're going to bring the highlights from coast-to-coast. Lets go straight out to Derek Van Dam, live on Mountain Mansfield in Stowe, Vermont.
And, Derek, the path of totality passed over you, but people in your area should be able to see the partial eclipse for another 30 minutes. What are you seeing right now?
DEREK VAN DAM, CNN WEATHER ANCHOR: Okay. So, well, sunlight has come back to Mount Mansfield. This is the highest mountain in Vermont, but I got to just tell you, I'm trying to come up with the adjectives to describe what we just experienced.
It was almost supernatural. It transcended time and space. It was awe- inspiring as a meteorologist to have these things come together in this way was so special and for the thousands of people that join me here on top of Mount Mansfield in Stowe, Vermont, I think they've got quite a treat because it was perfect, ideal eclipse viewing conditions and once in a generation experience.
And someone cap this off with the most magical moment for a future couple. I want you to see what happened during totality. It's incredible.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: You marry me?
UNIDENTIFIED FEMALE: Yes.
VAN DAM: An engagement during a total solar eclipse.
OK. This is a supernatural moment as --
(END VIDEO CLIP)
VAN DAM: All right. You guys we are, I'm standing next to the happy heavily engaged couple. Ive got one question. How are you going to top this on your anniversary?
UNIDENTIFIED MALE: I'm not -- I'm just not -- I really don't. I mean, unless I can make another astronomical event happened, I cannot.
VAN DAM: Okay. So for us married people, you set the bar. I had a bar here. I did pretty well. You set the bar like way up here.
UNIDENTIFIED MALE: Not intentionally.
VAN DAM: So, you know, thanks for doing that no, really you guys that was such a special moment to be a part of. It caught everybody off guard, including me, but I can imagine you. So tell me what you felt at that very moment.
UNIDENTIFIED FEMALE: Funny enough. I was looking at the eclipse and in awe of it, and stuff, and then my turnaround and he starts making the moves.
VAN DAM: What was so astounding to me is that we were plunged into darkness and you timed it perfectly because as he asked her to marry him the sun came back out, as she said, yes. What were you feeling?
UNIDENTIFIED MALE: What a great coincidence
VAN DAM: It's like you plan this.
UNIDENTIFIED MALE: I wish I did. I just told that I told my friends to let me know when 3:29 and that didn't work. So I just started doing it.
I don't know.
VAN DAM: I think your cue was when the lights turned on in the room.
UNIDENTIFIED MALE: That's a good cue. That's what I could do. Probably should know.
VAN DAM: Guys, that was really spectacular. And I just wish you all the best and thanks for making that happen up here because that was really just the perfect unity of everything, the natural world and also your marriage.
[16:05:03]
So congratulations.
UNIDENTIFIED MALE: Thank you.
UNIDENTIFIED FEMALE: Thank you so much.
VAN DAM: Yeah. Jake, I mean, you saw the moment. That's the -- that's the engaged couple.
It was phenomenal. A really special thing to be a part of, but to witness that just was the cherry on the top, Jake.
TAPPER: Derek, go back to them. What are their names? Where are they from? This is so cool that you got to see that and it happened at the moment of totality.
VAN DAM: OK. I agree. I agree
So Jake Tapper are one of our main anchors at CNN, would like a little bit more time with you guys. And I want to I want to give this to him, please. I don't know your names. This is a terrible reporting job on my behalf.
Please tell the world.
UNIDENTIFIED MALE: I'm Leo. This is Cass.
UNIDENTIFIED FEMALE: Hi, nice to meet you.
VAN DAM: Where are you from?
UNIDENTIFIED MALE: Southern New Hampshire, although we live in Massachusetts, though.
UNIDENTIFIED FEMALE: Yeah, same areas.
VAN DAM: And you traveled that far by car or by plane to get here? UNIDENTIFIED MALE: By car, we drove up yesterday? That was yesterday.
UNIDENTIFIED FEMALE: Yeah, yesterday.
VAN DAM: How long -- how long did you have the ring for and how long were you planning?
UNIDENTIFIED MALE: So the ring I purchased probably about a month ago and the ring I've been making for like a month-and-a-half. Like I make making practice. Last weekend, I made the first iteration of the ring, which was bad and so I -- yesterday or on Saturday, I went and I remade the setting for the stone so that I would actually fit the stone and hold it pretty tightly. Still worried that its going to fall out. But if it doesn't, I'm going to be really happy.
VAN DAM: Everybody looked for a blue emerald on the snow.
Listen, is there any significance here with the ring that you chose or designed with any kind of celestial meaning at all? I'm curious, like the sun, the stars, the moon, this --
UNIDENTIFIED MALE: No stone is the stone. The stone was her choice that she didn't know that.
UNIDENTIFIED FEMALE: One of my favorites.
UNIDENTIFIED MALE: And then I thought point would accentuate the point on the stone but also. I had a Dremel and I just kept using it.
VAN DAM: Well, you did a beautiful job and again, you raised the bar for all married couples --
TAPPER: Derek, tell --
VAN DAM: -- across the country and again, thank you for that.
TAPPER: Derek, tell them the next -- the next total eclipse in the United States is August 2045. And we expect to see them and all their future a little eclipse babies on that time, August 2045, it's a date.
VAN DAM: Your next eclipse is August of 2045. And we expect to see you guys with your little eclipse babies walking around --
(LAUGHTER)
TAPPER: Derek --
VAN DAM: That's from Jake Tapper.
TAPPER: Derek, get their info so we can send them a nice wedding present when appropriate. But let's -- let's check out with some of our other correspondents and our anchors.
CNN's Brianna Keilar and Boris Sanchez are at the Indianapolis Motor Speedway, one of the largest watch parties today. Brianna and Boris, before we ask you about your top highlights I have
to share one of mine here. Here's video of you earlier today, draws the sun and the moon. I did not see that coming by the way, but I did not -- I didn't -- I liked that. I like to recreation.
I can look directly at it and I appreciate it to both you. Thanks. Thank you for the scientific reenactment, but tell us more about what you got, where you are.
KEILAR: Yeah. Look anything for science. I know you'll be very surprised to know that the idea behind that was conceived in a bar. Jake, I know that's going to be a big surprise for you and Boris is always good for a fun time. So he was game to go along with my ridiculous idea.
SANCHEZ: It was a great demonstration of what was happening in the sky. And its a frank moment. So we decided to have some fun with it, one of many highlights throughout the day.
KEILAR: That's right.
SANCHEZ: Indy was a fantastic place to watch the eclipse, Jake.
TAPPER: Thanks to both of you. Really appreciate.
Boris Sanchez and Brianna Keilar, thanks so much.
Lets go to CNN's -- love it -- let's go to, you got to bring back some shirts for us though. I have to say.
CNN's Kristin Fisher is also at the Indianapolis motor speedway dressed in human clothing.
Kristin, did today's eclipse live up to all the hype for the people who were there, and for you as a space expert?
KRISTIN FISHER, CNN SPACE AND DEFENSE CORRESPONDENT: Yeah, you know, this is my first time seeing a total solar eclipse. And what a way to see it, because this is the largest eclipse watching party in the world, 50,000 people were sitting in all of these seats surrounding me and, Jake, just the amount of oohs and ahhs from the crowd as they took in that moment was something that I'm were going to forget the music playing as the moon passed in front of the sun was -- it was better than what everybody has said it would be.
[16:10:06]
And this, yes, it was the biggest watch party in the U.S., but here's a little sample of all the other ones its parties from Texas to Maine that were happening during this incredible total solar eclipse of 2024.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: This is an extraordinary cosmic coincidence.
(CHEERS)
FISHER (voice-over): Millions of Americans catching a once in a generation, total solar eclipse, turning day into for everyone along the path of totality, people coming from all over the world to see this rare event in the sky.
In Indianapolis, the largest watch party in the world, thousands cheering the eclipse from the iconic motor speedway.
UNIDENTIFIED MALE: It was much more dramatic than I thought it would be.
FISHER: Mom, what did you think about it first time seeing a total solar?
UNIDENTIFIED FEMALE: I'm crying.
FISHER: And in Arkansas, 300 couples tied the knot in a total eclipse of the heart event.
UNIDENTIFIED FEMALE: Everybody is very quiet because totality is hitting. It is getting very dark.
FISHER: And in Cleveland, home to the Rock and Roll Hall of Fame celebrating the event with Pink Floyd. It was a rare and breadth taking celestial event for millions, even for the animals at the Dallas Zoo who were clearly aware of something happening.
UNIDENTIFIED MALE: Tobelgo (ph) has gone over by his pen where he normally would go right before he puts himself to bed, an absolutely captivating moment.
(END VIDEOTAPE)
FISHER (on camera): So it, it really was just an incredible few moments of totality. It was so dark that was something that really struck me, Jake. I couldn't get over how dark it was, and, you know, my dad was the one who has been chasing a total solar eclipse for most of his life. But it was my mom, Dr. Anna Lee Fisher, former NASA astronaut, who actually started crying.
Mom, I wasn't expecting that. Why -- what brought you to tears?
ANNA LEE FISHER, RETIRED NASA ASTRONAUT: Well, you know, I really don't know. Quite frankly, I wasn't all that excited about an eclipse. You know, I wasn't -- it was -- I just, you know, came to be with you and I was surprised at how emotional it is. Its almost I would say like a spiritual experience, and when you realize how the planets align like that, and it only happens every so many years like the next time it will be on this path is 360 two years from now. So you know, you're seeing something that nobody on the planet will ever be alive for.
So I guess it just says really moving when you think about it.
FISHER: No, mom, Jake Tapper was a bit of a skeptic when I talked to him last week, he was like, I'm not quite sure. I get all the hype.
Was -- did it live up to the hype? And what can you say to Jake to maybe try to sway him to get out and see the next one, get into the path of totality?
ANNA LEE FISHER: You know, I also thought that being with all these people, thousands of people here would be kind of you annoying and you have to fight the crowds and all that. And I thought, but having all these people around and have that sudden hush and all this wonder when thousands of people well, it was truly a moving experience and highly recommend seeing one in your lifetime
FISHER: Mom. Thank you so much. I can't believe I got to watch this with you is so much fun.
If you hear that, you got to get out here for the next one, 20 years, we'll see you.
TAPPER: I was I was out there with my glasses and I'm very excited about it actually this point in time.
Kristin Fisher, along --
FISHER: You saw a partial, Jake.
TAPPER: I know -- well, I saw what -- oh, I see what you're saying. Go out to Indianapolis next time or wherever, I hear you.
FISHER: The path of totality, yeah.
TAPPER: OK. Well, in any case, I'm glad I got to see you and your mom, Dr. Anna Lee Fisher, the first mom in space who we salute, and it's nice you guys were able to do that together.
Coming up, thousands gathered at one of the most scenic spots in the U.S. to view the eclipse in totality. We're going to take you there.
And former President Trump making an announcement on his position on abortion and abortion rights. But did Mr. Trump say anything new or just further try to muddy the ground? We'll tell you, next.
(COMMERCIAL BREAK)
[16:18:07]
TAPPER: And welcome back to THE LEAD.
You're looking live at the eclipse over Burlington, Vermont right now. Millions of people across the United States gathering to catch a glimpse of the solar eclipse. And one of the more popular places to view it in totality is Niagara falls. And harry Enten is there for us.
And, Harry, you just hit totality. What was it like?
HARRY ENTEN, CNN SENIOR DATA REPORTER: You know, the fact is I've been here now since I think Friday and what -- no, I've been here since Thursday. And the weather has gone sort of back and forth, and yesterday was so sunny and then today I woke up and it was cloudy. And to be honest, most of this day has been dreadful -- dreadful. It was cold, it was drizzling at some points. It was a disappointment.
Until that moment of totality hit. And while I couldn't actually see the moon pass in front of the sun, the darkness that came upon here is something that honestly cannot be explained in words.
You know, I'm not a very religious man by any stretch of the imagination. But it was a religious experience. It's the type of thing that makes you think that we're not alone in this universe. It makes you think that we are just a small part of a larger world.
And everybody here, even though it was cloudy, absolutely was enthralled by the experience, myself included, and as someone who's been to western New York for disappointments before, mainly the bills losing the chiefs earlier this year in that key divisional playoff game, although for most of this events, it was a disappointment when that moment of totality hit. It was anything but and it truly was an experience that I'll never forget.
TAPPER: Harry, it sounds like it was worth the hype. We're so glad we sent you there.
Harry Enten, thanks so much.
CNN was onboard a flight along the path of totality.
[16:20:02]
We'll show you what that looked like coming up.
(COMMERCIAL BREAK)
[16:25:33]
TAPPER: We're going to take a quick break from our coverage of the eclipse across America. Stay with us. We'll be right back.
(COMMERCIAL BREAK)
[16:30:15]
TAPPER: And we're back with our out of this world lead. And this year's solar eclipse drawing millions of people together to witness what is a once in a generation event for so many. People spend months preparing for this spectacle, including of course, state officials.
New York's director of interagency operations, Jessica DeCerce joins us now. She hates to be called the eclipse czar, so do not call her that.
Jessica, thanks so much for joining us.
Did everything running smoothly as you'd plan for? JESSICA DECERCE, DIRECTOR OF INTERAGENCY OPERATIONS IN NEW YORK STATE: So far so good. I was able to watch it was a little cloudy in Niagara Falls today where I was but we had a moment where we could see full totality and it was really a special experience.
TAPPER: Is the traffic gridlock in New York, super bad now?
DECERCE: Not yet. Not yet. We have -- I think everyone has heeded the governor's advice and has -- we've been telling people to stay and not get on the road immediately after.
I just came from Niagara Falls to our regional operation center in Buffalo and traffic -- there is traffic, but its not backed up yet. We are anticipating that as we get later on in the afternoon and the evening, that traffic will increase, but we have all of the assets and increases -- you know, we've surged a lot of resources to the places we think there's going to be traffic. So we'll handle it.
TAPPER: Do you have any idea of how much money the eclipse tourism might have brought in for the state of New York?
DECERCE: Not yet, because I think we -- it was hard for us to predict exactly how many people were going to be here. We knew that the hotels and Airbnbs were full, but that doesn't account for days visitors and people going from one place to stay to the other. So we will be paying a lot of attention to that, but we anticipate that is going to be a big number.
TAPPER: You spent months planning and preparing for this day. How do you feel now that basically New York's part of it is over?
DECERCE: I am -- the eclipse was really cool and I can't wait to go see another one where I don't have to work we have this is where we do our real jobs and making sure that as people are leaving or going back home, that they do it safely. So it's going to be -- I'm not quite ready to kick my feet up yet. We've got a long night ahead of us here, but we're confident.
TAPPER: The next total solar eclipse to cross over New York is not until 2079. But for whomever it takes charge of that one. What are some words of advice you'll give them that they can watch in their brain phones in the year 2079 when they -- whatever they have to do to conjure for this interview?
DECERCE: I think planning early is one of the best advice I could give that to anybody. I think start early so that at the end of this when it starts to fever pitch, that you're not panicking. We worked hard for a long time and so yesterday, it was -- we just need this to happen. So I would say start early.
TAPPER: And what's the worst thing that you prepared for is, I assume some sort of well, what are one -- what's one of the worst things you prepared for the thankfully didn't happen?
DECERCE: I'm still waiting for gridlock. That was really the thing that had scared us. We didn't want -- there's a difference between traffic and gridlock. We don't want people stranded on the road for ten hours because that causes all sorts of health and safety concerns. That has not happened yet. Again, we have a long way to go tonight, but that was really one of the things that kept me up.
I imagined that you wondered if people were just going to stop driving in the middle of the eclipse and look up or whatever and that would just start horrible traffic, if not traffic accidents.
DECERCE: Uh-huh, and that didn't happen. We also started telling people this week that all of our law enforcement agencies would be ticketing and towing people. So I think that was a deterrent for them as well.
TAPPER: All right. Jessica DeCerce, thanks so much and congratulations.
Donald Trump's lawyers just finished arguing before a judge in New York. What we're learning about the former president's latest attempt to delay his first criminal trial. That's next.
(COMMERCIAL BREAK)
[16:38:43]
TAPPER: In our politics lead, Donald Trump weighed in today on one of the most contentious issues facing voters in November, abortion. The former president faced pressure from social conservatives to back a federal nationwide ban on abortion.
But in a video released earlier today, he took a different stance. Take a listen.
(BEGIN VIDEO CLIP)
DONALD TRUMP, FORMER U.S. PRESIDENT & 2024 PRESIDENTIAL CANDIDATE: My view is now that we have abortion where everybody wanted it from a legal standpoint, the states will determine by vote or legislation, or perhaps both, and whatever they decide must be the law of the land -- in this case, the law of the state.
(END VIDEO CLIP)
TAPPER: Well, it's certainly not accurate to say that this is abortion is where everybody wants it from a legal standpoint, but certainly where conservatives wanted it at least to begin.
Let's discuss.
So, Kristen, you cover Trump. There was mounting pressure on him from social conservatives to push a nationwide abortion ban. He didn't say whether if something like that landed on his desk, he would sign it into law. He did say that he was proud of the fact that the justices, he appointed overturned Roe v. Wade. Was there actually anything new that he said today?
KRISTEN HOLMES, CNN NATIONAL CORRESPONDENT: No. And I will remind you that this is actually exactly where he started at. I mean, publicly, for last two years, he has been saying it to be left up to the states.
[16:40:01]
This is not an issue that he in any way wants to take on. And this was really him putting a button on it. This isn't going to change before the election unless something catastrophic happens. I'm told by advisors like this is the stance of the campaign and of Donald Trump. And the only reason that he came out and did this was because he was getting so much pressure from both sides to come up with a definitive stance.
Now, he was getting this behind the scenes, kind of pushed back as you said, from these evangelicals, from the social conservatives. And he was listening, and he was publicly flirting with the idea of a 15 weeks national band. But we hear these moderate Republicans who were going to him, they were telling him this is a huge mistake politically, you cannot get out there and do any sort of national ban.
So yes, he did not mention it, but I am told by the campaign this was his way of putting his marker of where he's going to stand and that's not going to change.
TAPPER: Alice, his former vice president, Mike Pence, posted on X, on Twitter, this response. Quote, President Trump's retreat on the right to life is a slap in the face to the millions of pro-life Americans who voted for him in 2016 and 2020.
And we saw a similar note of criticism from Republican Senator Lindsey Graham of South Carolina who said, quote, I respectfully disagree with President Trump statement that abortion is a states rights issue. Dobbs, that's the case in which Roe was overturned, Dobbs does not require that conclusion legally and the pro-life movement has always been about the wellbeing of the unborn child, not geography, meaning state-by-state.
Trump took to Truth Social just moments ago to attack Lindsey Graham by saying in part: Senator Lindsey Graham is doing a great disservice to the Republican Party and to our country.
He basically is saying that that's a loser of an issue politically. So Republicans shouldn't be there.
What -- do you think any of this is going to have any impact on anti- abortion, pro-life voters?
ALICE STEWART, CNN POLITICAL COMMENTATOR: I don't think so. They are taking this as an opportunity to really express their frustration with this. You have groups like Susan B. Anthony who say keeping this in the hands of the state really seeds this to the Democratic will on abortion, which they think is late term abortion. You have groups like Concern Women for America who say that they support Donald Trump's position, but they would like to see a talk about a national limits on abortions, not bans.
But we have to recognize the fact were past the Republican primary. He is the presumptive nominee. We're in a general election and Donald Trump needs to appeal to independent, more moderate voters. And politically speaking, he's not going to do so if there are threat hangs out there of a federal ban.
And you can be pro-life, you can be anti-abortion, but we must recognize the political reality if he did not put a pin in this and explain exactly what his position is, Democrats would be hanging over his head about a federal ban, which mind you couldn't happen because neither side we get 60 votes for a federal ban. But it was important politically for Donald Trump to put his flag in the ground on this issue.
TAPPER: I had a Democrat see it because I don't think it's like that.
MEGHAN HAYS, FORMER SPECIAL ASSISTANT TO PRESIDENT BIDEN: I don't think either. I think that Democrats think this is a losing issue for Republicans. I think that time and time again, in the midterms and in these conservative states for ballot initiatives have lost. This is not a winning issue for Republicans.
Democrats are going to take full advantage not only from a fundraising point of view, but also at the ballot box in November. So, this is an opportunity for them to reach out to those moderate voters, those Nikki Haley voters that are so important for Joe Biden to win in November.
HOLMES: And I will say that's the one thing that Democrats and Donald Trumps seem to agree with. This is not a winning issue for Republicans.
TAPPER: Yeah, although I don't think he took it off the table for them and in any case, because I mean, obviously, they're -- Democrats are still going to say he didn't say whether he would sign it a ban.
HOLMES: Oh, absolutely.
TAPPER: And he said that he's the one that's responsible for this. He began the video focusing on IVF, which is obviously an issue that has like 90 percent support and making it clear he supports families making their own choices when it comes to that type of family planning. So I guess he is trying to walk a line, but it really is just not where the swing voters are.
HOLMES: No, it's not. And I think again, Donald Trump knows that this is a losing issue. And if it was up to him, he probably wouldn't be talking about this at all. And part of the pressure was not just from the social conservatives, but it was also from Democrats getting out there saying he doesn't have a stance, look at him, waffling on all of this.
So we had to put something down there, something on paper, but obviously it's Donald Trump and he cant get out there without reminding everyone that he also is the architect. He's responsible for the overturning of Roe v. Wade. He's proud of what he did there, again, despite the fact that he doesn't want to be talking about abortion at all. I will note on the IVF stuff, that is something that he felt like he
handled really well, that he got out there right away, that he was saying he was supportive of IVF, that he everyone he has talked to has said that to him. So that's probably why he led the video with that, then worked his way into the actual thing that we were all waiting to hear, which is where he stood on abortion.
But, you know, it doesn't change much in terms of Democrats are still were going to go after him and now you have the social conservatives, evangelicals going after him, too. It just gives him a little bit more definition and whether he stands so that the idea of a looming national ban isn't hanging over him.
STEWART: And I think it was important to your point, him to talk about supporting for IVF, which Republicans are pro-life and they support that issue. He also made point to mention he supports exceptions for rape, incest, and life of the mother, which is another important issue.
[16:45:07]
But what he went out there today to your point, he recognizes every time this issue is on the ballot or an initiative, the pro-abortion side wins and he understands there needs to be more nuanced position from Republicans. You can still be pro-life, you can be anti-abortion. But in order to be more protective of the sanctity of life, we need to appeal to independent voters.
TAPPER: So I saw some coverage that said that it, Donald Trump said this should be left up to the states. But if you actually listen to what he says, he doesn't say it should be left up to the states. He says it will be left up to the states, which is the current status. He's still left the door open for some sort of ban.
And I agree with you. They're just never will be the votes --
STEWART: Right.
TAPPER: -- in the Senate for that to happen. But he did not close the door on a ban.
HAYS: I just don't think he took the stance that everyone is trying to claim that he took this is immune. He left it out there for everyone to interpret and he's like, I don't understand why he even made a stance at all. Like why even go out there. He didn't say anything new.
And so, he just left it more opportunity for Democrats to continue to harp on the issue and continue to drive a wedge in the difference between Donald Trump and Joe Biden and where they stand on this issue. And it's incredible that he continues to not understand that this is a losing issue.
TAPPER: So why did? I mean, you acknowledging the very first answer, this is not new. This has been his position for quite some time, which is basically I'm really proud that I appointed the justices that overturned Roe v. Wade and now its going up to the states and that's where I am.
This is why even do a video, why even talk about this issue? Because as he acknowledges, as you say, as you note he acknowledges this is a loser for him.
HOLMES: When it came to decided to do the video, a lot of it came off of the fact that he himself had begun floating this idea of a national abortion ban --
TAPPER: Fifteen week -- of 15-week.
HOLMES: Yes, of a 15-week ban.
TAPPER: Yeah.
HOLMES: Which -- so again, this is a self-inflicted wound, right? The reason he had to come out and clarify that he wants again, was exactly where he started, which was that the right? So to the states is because he himself had gotten out there and routinely said, well, maybe people agree on 15 weeks, even the hardliners kind of like 15 weeks and floated this idea over and over again like three separate times and three separate interviews that he might get behind this.
So then it opened the door for Democrats to even hit harder, again on an issue that they already have the upper hand. If you look at all the polling and then he had to come out and say actually, it's about the states rights again.
TAPPER: Yeah, curiouser and curiouser.
Thanks one and all for being here.
Turning to our lawn justice lead now, a New York appeals judge has just heard Donald Trump's latest attempt to challenge the hush money case involving former adult film star and director Stormy Daniels. Jury selection in that case is set to begin a week from today. This morning, Trump's attorneys filed appeals over a gag order in the case, as well as the change of venue.
CNN senior legal analyst Elie Honig joins us.
Elie, walk us through what happened in court just in the last hour.
ELIE HONIG, CNN SENIOR LEGAL ANALYST: Yeah, Jake. So there's two different things happen. First of all, starting an hour ago at 3:45, attorneys for Donald Trump and for the D.A. wait in front of a single appeals court judge in New York state court, and they argue Donald Trump's venue appeal. Donald Trump is asking to take this trial out of New York County, which has Manhattan, and move it to another county in New York.
Now, we hear that that hearing has ended and we should get a ruling on that I think fairly soon. I think the judge understands that this is an emergency motion. Depending what this judge rules, this could set the table for a full appeal on the venue issue, which would be heard presumably quickly later this week. Now separately, Donald Trump is going to appeal is in the process of
appealing the gag order which restricts what he can say publicly outside of the courtroom, and we're waiting for that one to be argued as well.
TAPPER: Let's look at each of these appeals. How much merit is there to Trump's arguments for a change of venue?
HONIG: I think very little, Jake, I think he has very little chance of succeeding. First of all, the prosecutors who have charged this crime, where the alleged crime occurred. That's what you're supposed to do as a prosecutor. Let's remember, the crime here is falsification of business records. Those business records around the hush money payment were created in Manhattan, in New York County. The payments were made in Manhattan, New York County. And that's where the case is charged.
And second of all, it's not really enough for a defendant to say, well, I'm unpopular in this county or among this population because what the court I think is likely to say is, well, that's why we have jury selection. We will identify and weed out potential jurors who are biased too much for or against you. And so that's enough of a protection.
So I'd be shocked if Donald Trump prevails on that venue motion.
TAPPER: What about the motion for a gag order?
HONIG: Yeah. Again, I think Donald Trump has a very low chance of success here because important to remember, this gag order is really narrow, Jake, all it does is prohibit Donald Trump from commenting publicly on jurors, on witnesses, or on court staff and family members.
It does not prevent Donald Trump from doing what he spent a lot of the last week doing, which is criticizing in very aggressive terms the case, the judge and the D.A., and it's worth noting, Jake, similar gag orders have been upheld in two other cases in the New York state civil case, and in the D.C. federal case.
[16:50:03]
So I think there's a very good chance that the court of appeals says this gag order is narrow enough. It's fine.
TAPPER: Jury selection in this supposed to begin in this case in one week could either of these motions upset the start of the case
HONIG: I think the short answer is no. The gag order motion has nothing to do with the timing of this case. So whichever way that goes, I think that will not interfere with the April 15th start date if the venue motion gets any traction, which as I said before, I think is unlikely that would certainly upset the start date here.
But again, I think the chances of that venue motion succeeding are quite low. TAPPER: So then there's also the special counsel, Jack Smith. He faces
a midnight deadline to file a new brief with the U.S. Supreme Court regarding Trump claiming total immunity in the federal election subversion case. What do you expect them to say? Jack Smith?
HONIG: So, right, we're shifting over to Washington, D.C. here. And as you said, Jack Smith's January 6 case. I think we're going to see really a three-part argument from Jack Smith.
One, there's no blanket immunity. You're not automatically immune from prosecution for anything you did throughout your time as president. Two, even if there is such immunity, it has to be narrow and within the confines of the job of president and I think jack smith will argue what Trump did here was well outside those confines.
And third, I think Jack Smith is going to argue against Trumps claim that first he would've had to have been impeached by the House, convicted by the Senate and then only then could he be prosecuted.
So I think that argument, I think Jack Smith is going to argue that that's nonsense. And those two good things are essentially unconnected legally.
TAPPER: And what are you expecting from the U.S. Supreme Court when it comes to this total immunity claim?
HONIG: So, the argument is April 25th, so a couple of weeks away, I do not think the Supreme Court will have any interest in a decision that any president is covered for everything he does from the moment he takes office until the moment he leaves.
I also think that the impeachment argument will be quickly dismissed, but I think if you look at the Supreme Court's one-page order taking this case and granting argument, they do seem to be somewhat interested in this argument about a federal official president can be immune for actions taken within the scope of the job. And then that will raise the question of -- well, was Donald Trump acting within the scope of his job?
Of course, Trump's team will say he was the president. He had very broad job responsibilities and DOJ will say, no, we've charged with crimes that go way beyond. So I think the Supreme Court is going to be focusing on that specific issue. There's a chance, Jake, that the Supreme Court may send this back down to the lower courts and say you have to have some hearings here. You have to decide whether Trump was inside or outside the scope of the presidency.
TAPPER: Elie Honig, thanks so much. Appreciate it.
Continuing with our law and justice lead, our series called Trump's January 6 hostages. First, a reminder of what Mr. Trump repeatedly says about these individuals.
(BEGIN VIDEO CLIP)
TRUMP: They ought to release the J6 hostages. They suffered a lot. They ought to release them.
I call them the J6 hostages, not prisoners. I call them the hostages, what's happened.
(END VIDEO CLIP)
TAPPER: He calls them the hostages. They are, of course, not hostages. They are criminals and criminal defendants from the Capitol attack, many of them have been accused and convicted of serious violent crimes.
Today's profile of one of Trump's J6 hostages, Daniel Ball, of Florida. Mr. Ball faces felony charges, including assaulting officers with a deadly weapon. According to court documents, Ball is responsible for the most memorable event for some of the police officers who guarded a tunnel entrance from the Capitol's lower west terrace. That's where the inauguration stage was being set up.
According to prosecutors, Mr. Ball, made it into the Capitol and pride a large piece of broken wood off a window shutter, then prosecutors say he went back outside, ignited some sort of device and hurl that device into the tunnel. It flashed, exploding multiple times. The FBI could not conclusively say what the device was, but its impact was severe.
A D.C. police officer in that time, ill set his hearing was impaired for months, another officer rated painful ringing in his ears, attack out of ten, and temporarily even lost hearing. Other officers said they thought they were going to die. Some said they suffered psychological trauma from that one single event by Mr. Ball.
Now, while those officers suffered, prosecutors say a photo shows Ball's reaction, that's allegedly him with his left fist triumphantly up in the air. In the hour after igniting that device, prosecutors say Ball kept throwing objects at law enforcement officers, court documents allege that Ball found a broken chair or table leg, and when he threw it, the leg ricochets off the tunnel and hit another writer in the face.
Mr. Ball was arrested last May, two years after the Capitol attack. He was out on probation for assaulting police in an unrelated case. His probation officer who helped ID him said Mr. Ball still own the same jacket that he wore to the Capitol riot.
Mr. Ball has pleaded not guilty. He is due in court for a hearing next month and a trial in September -- yet another one of Mr. Trump's J6 hostages.
[16:55:06]
They're not hostages. And that one is a violent accused criminal.
Coming up next on THE LEAD, the view of the solar eclipse from the plane. That flight just landed. CNN's aviation correspondent, Pete Muntean was one of the lucky passengers on board. Well bring you his unique view of today's incredible once in a generation events, next. (COMMERCIAL BREAK)
TAPPER: Welcome to THE LEAD. I'm Jake Tapper.
This hour, the once in a generation and across the United States. Our teams are across the country and they're bringing you the best view from today's total solar eclipse. And we're going to be joined by another than Bill Nye, the science guy, to break down why this rare event is so important.
