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Today, Trump Arrives in New York for Tuesday's Historic Arraignment; Washington Post Reports, DOJ Has Evidence of Possible Trump Obstruction at Mar-a-Lago; Tornado Watch Issues for Portions of Mississippi, Alabama and Florida. Aired 10-10:30a ET

Aired April 03, 2023 - 10:00   ET

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

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[10:00:00]

KATE BOLDUAN, CNN ANCHOR: We are watching history in the making. Soon, Donald Trump leaves Florida for New York, where he will become the first ever former president to be booked on criminal charges. We have all the unprecedented details.

SARA SIDNER, CNN ANCHOR: A suspect is in custody accused in the bombing that killed a well-known pro-war military blogger at a cafe in St. Petersburg, Russia. What police are now revealing about the woman they say handed him the bomb.

JOHN BERMAN, CNN ANCHOR: Scenes of utter devastation and now the threat for more tornadoes today, the new forecast just in with the areas under the greatest risk, those stories and more here at CNN News Central.

BOLDUAN: Tomorrow, for the first time in our nation's 247-year history, a former U.S. president will be arraigned in court. Two hours from now, former President Trump, he's going to leave Mar-a-Lago and fly to New York as he gets ready to face a judge.

We can show you right now a live look at the plane on the tarmac at Palm Beach International Airport this morning. We were very familiar with that plane from the election cycle. It is the culmination of a years' long probe what we're looking at now, into a $130,000 money payment made to adult film star Stormy Daniels just before the 2016 election.

The indictment is said to include more than 30 counts centering on how that payment was reflected in Trump's business records. It's expected that the indictment will be made public tomorrow when Trump appears in court.

And take a look. Here is what he is like -- what will likely happen when he does make that court appearance and appears in that courthouse. Trump will be fingerprinted but still unclear if he's going to be photographed for a mug shot.

Let's get straight to that courthouse. CNN's Kara Scannell is right outside. Kara, why is it still uncertain at this point if he will be photographed?

KARA SCANNELL, CNN CORRESPONDENT: Well, Kate, I mean, of the issues here in this uncertainty over whether his mug shot will be taken is, on the one hand, he is one of the most recognizable people in the world. There is not a concern of a flight risk, and if someone were to be unable to identify him or locate him. Another concerned, sources tell us, is that what if this mug shot was leaked, right? This is against -- that would be against New York state law, but there is a concern that the monk shot could be made public.

So, there is uncertainty about whether that will be taken. We understand he is expected to be fingerprinted, but he won't be kept in a holding cell. He will likely have a shorter a time where he is in these -- in the building behind me, both being processed, and then when he goes into the courtroom because of the bigger security concerns around him and also around any potential protester, disturbances that could take place outside.

Now, he will walk down the hallway. That is the hallway that drug dealers walk down. It is also the hallway that his former chief financial officer walked down when he pleaded guilty and that is former adviser Steve Bannon walked out when he was charged with fraud charges.

And inside the courtroom, that proceeding is expected to take place pretty quickly. The judge will ask him if he wants the indictment read. He will likely wave that. And they ask to enter a plea. His lawyers say he's going to plead not guilty, Kate.

BOLDUAN: So, Kara, that's tomorrow. What's expected today?

SCANNELL: Well, so, Kate, today, we are expecting the former president to leave Mar-a-Lago around noon, where he will head to the airport. Then he is expected to land here in New York around 3:00. From there, we were told, he is going to head to Trump tower, and that is where he will likely spend the night.

Tomorrow, around midday, he will come down to court, will go through that whole processing that we just were talking about and then be arraigned after lunch. From there, we're told that he will head straight to the airport back to Mar-a-Lago, where he is expected to give a speech at around 8:00 Eastern Time. Kate?

BOLDUAN: And Trump's legal team has been saying quite a lot throughout this process.

[10:05:00]

What's the very latest from them?

SCANNELL: Yes. So, Trump's lawyers have been saying that, you know, they're going to fight these charges, they're going to launch a broad legal attack. They're also saying that this isn't a crime and that, in fact, they believe that he was being extorted.

One of Trump's attorneys, Alina Habba, was on CNN This Morning. Here's what she said.

(BEGIN VIDEO CLIP)

ALINA HABBA, DONALD TRUMP'S ATTORNEY: I think we do know what's in it. We know that this was based on Stormy Daniels. We know that this was dismissed by the FEC, and this was dismissed by federal prosecutor seven years ago. We know what's in it. It's a bunch of garbage.

Even if Karen McDougal is in this, Don, that is also garbage. That is something that is Asia-old and that is garbage. This is an extortion situation that he had his lawyer handle. I don't even know if he knew about it at the time. I don't believe he did. So, a lawyer settles and extortion claims gets an NDA assigned and somehow he's getting indicted.

(END VIDEO CLIP)

SCANNELL: Now, we have yet to see what the specific charges are in this indictment. CNN and other media organizations have asked the judge to unseal the indictment. Deadline is today at 1:00 P.M. for the prosecution and Trump's team to respond, so it's possible we could see the specific charges unsealed later today. Kate?

BOLDUAN: All right, Kara, stand by on that one. Thank you so much.

And, John, no matter what happens tomorrow, it shall be something we have never seen before.

BERMAN: Ever, never ever.

So, you've taken us right up until the moment in court. I want to walk people through sort of the timeline of what happens there and then beyond. TRUMP is under indictment, which we said, and it is sealed right now. We do expect Trump to voluntarily surrender tomorrow. But, look, if he didn't surrender tomorrow, for some reason, he would likely be arrested. After he turns himself in, he will be processed, then arraigned, fingerprints, maybe mug shots.

Now, for most defendants, one, you know, who had not been president before, he might be handcuffed and taken to a holding cell. But the consensus here is Trump will be released and then pre-trial hearings.

After the pre-trial stuff, if Trump does not plead guilty, which no one expects, then would come the trial. The trial, of course, is where Trump would be found either guilty or not guilty. If he is found guilty, it would go to sentencing.

Keep in mind, Trump's team has promised to file all kinds of motions to dismiss and will do whatever it can to delay or derail this process. So, this could take months, Kate, or, you know, maybe even longer.

BERMAN: Thank you. I love that flow chart. It's actually really helpful, John. Thank you. Stick close, please.

So, the former president's first court appearance is at the center of a massive security operation involving multiple law enforcement agencies and thousands of officers, quite frankly. Part of the reason is Trump's own messaging to his supporters.

Over the weekend, he called. He called this case, an active obstruction and blatant election interference. And also just a few weeks ago, you will remember that he encouraged supporters, the way he wrote it is to take our nation back.

CNN's Brynn Gingras joins us now outside Trump Tower in New York for much more on this. Brynn, what are you seeing there?

BRYNN GINGRAS, CNN NATIONAL CORRESPONDENT: Yes, it's a massive undertaking, as you said, Kate, from a security perspective. And, quite honestly, Trump Tower is not very different than what the security measures we were seeing when he was actually president.

I'm going to try to get out of the way, but it's very difficult because we are actually pinned in. I actually tried to do this live shot further down the street and we were kicked out. And that has been sort of the protocol is to keep pushing us further, further away, especially as we get closer to the former president arriving here in New York City.

But you can see Trump Tower there in the distance, that street, 56th Street and 5th Avenue where we are about a half a block away from that, is completely shut down. And then across the street, directly across from Trump tower, there are a number of NYPD busses that are blocking that entire street.

So, you can see traffic is moving through. There's pedestrians that are allowed to walk through here, but those measures are going to begin to get tightened again the closer we get to the former president arriving, so a massive security ever going on here at Trump Tower, Kate.

And, of course, this is also going to be the case tomorrow as the motorcade not only helps them get to the airport today but tomorrow down to the courthouse, as you heard Kara, described what he is about to undergo. There are 35,000 officers on the ready.

We also want to let you know, Kate, that the NYPD commissioner as well as the mayor, they're going to hold a news conference today at noon to just let the public know there are no credible threats against the city. So, we'll wait for that as well. Guys?

BOLDUAN: Absolutely. Thank you, Brynn. Sara?

SIDNER: Let's go ahead and dig deeper into the security concerns now. Joining us is Jonathan Wackrow. He is a CNN Law Enforcement Analyst and a former Secret Service agent.

So, you know this like the back of her head, except this is unprecedented. Let's talk about what's going to happen here. Usually, the Secret Service is in charge of presidents, former presidents, vice presidents, and they're the ones that sort of make the plan. Is that going to be different now?

JONATHAN WACKROW, CNN LAW ENFORCEMENT ANALYST: It is different now. The Secret Service is not the lead coordinating agency for the security protocols that we see being put into place. It's actually the NYPD is taking the lead role along with the New York State court officers.

[10:10:04]

They're really bifurcating the internal security of the courthouse and then external in the city at large.

And that's unique for the Secret Service. Typically, we do see them in that lead coordinating role, whether it's for political rallies, presidential events, but this is different. This is a private event. This is private business that the former president has to do in front of the court.

So, from the Secret Service standpoint, it's almost administrative. Their responsibility is the protectee bringing him from point A into the courthouse, allowing the former president to do his business before the court and getting out all safely but very well-coordinated with other law enforcement entities who are participating in tomorrow's event.

SIDNER: I am curious how long it has taken for them to coordinate knowing all of this that has been happening in the lead up to this. But I do want to ask you what their concerns are. I mean, there are myriad of things that could happen when you have a city the size of New York with the speed at which New York, you know, flows. What are the biggest security concerns that they should be looking out?

WACKROW: So, really, you have to think about, like we've known about tomorrow for a while, right? We anticipated it. So, law enforcement has been coordinating, putting together security plan in the overlay of the city, so not just at the courthouse but the city at large.

The challenge is addressing the wildcard events. What happens if there's peaceful protest that actually turns into violence? What happens? It's consequence management. But the NYPD does this better than any other law enforcement entity in the world. They're prepared.

Tomorrow, you'll see 35,000 uniformed NYPD officers in a 24-hour period, making sure that the city is safe and secure. They're going to play it extremely cautious. Why? Because law enforcement no longer has to anticipate whether or not domestic violence extremists will actually engage. We know from January 6th that they will.

So, they have to over prepare tomorrow, prepare for the worst case scenario, hope for the best. Hopefully, it's peaceful protest, individuals expressing their First Amendment constitutional right, but it doesn't transcend into violence.

SIDNER: And we know very similar to January 6th, you are hearing from the former president. He is calling on people to be there to support him. I do want to ask you about this sort of, you know, mandate that every agency has, and everything is political at some point, right, when you're dealing with a former president. And certainly he has made it so posting on social media. So, when it comes to Donald Trump, and when it comes to the secret service, handling this particular unprecedented historic case, how do they do it without getting sucked into the politics?

WACKROW: Well, listen, there's no other law enforcement entity in the world that's drawn into politics more than the Secret Service, right, by the nature of their job. They're at the White House. They're with political leaders.

But this is a seminal moment for the agency, where they have to remain neutral. The optic has to show that they're not currying favor to the former president, nor the D.A. They need to focus on their primary remit, which is protection, protecting the former president, because that's what they're mandated to do.

They work with other law enforcement entities to ensure that the area is secure, but they are not coordinating any special accommodations for the president's side. The moment that they do, they'll be swayed one way or the other. And right now, it is essential for the agency just to do their core responsibility of protection.

SIDNER: Jonathan Wackrow, thank you so much for giving us all those details. John?

BERMAN: So, The Washington Post reports the Justice Department has obtained new evidence suggesting possible obstruction by Donald Trump. What that means for the ongoing investigations into the former president?

Plus, at least 32 people are dead after violent storms battered the south and Midwest, the areas bracing for yet another round of severe weather.

And Russian officials have arrested a woman accused of bombing, the bombing at a St. Petersburg cafe. What her husband is saying about her role in the attack.

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SIDNER: On our radar this morning, the family of Stephen Smith is now offering a $35,000 reward for any information leading to an arrest of the person or persons responsible in his death. That's according to his mother's attorney. The 19-year-old's body was exhumed this weekend for an independent autopsy.

His 2015 death was initially ruled a hit and run, but South Carolina Police are now investigating as a homicide. The case regained attention, as you know, during the investigation into the 2021 murders of Maggie and Paul Murdaugh. And this morning, President Biden is in Minnesota, part of his Investing in America tour to highlight his economic agenda and clean energy. Today, he'll visit an engine and alternative power manufacturing plant.

Also, The Wall Street Journal is reporting that McDonald's is temporarily closing its U.S. offices this week as it prepares to inform corporate employees about layoffs. The job cuts are part of a broader company restructuring. John?

BERMAN: All right, Sara. We have new details this morning about the Justice Department's investigation into Donald Trump's handling of classified documents. The Washington Post is reporting that the DOJ has obtained new evidence suggesting possible obstruction by Trump.

According to The Post, this is a quote, investigators now suspect based on witness statements, security camera footage and other documentary evidence, that boxes, including classified material were moved from a Mar-a-Lago storage area after the subpoena was served, and that Trump personally examined at least some of those boxes.

Let me read that last part again, after the subpoena was served, and that Trump personally examined at least some of those boxes.

[10:20:01]

With me now, CNN Senior Legal Analyst and former Federal Prosecutor Elie Honig. Elie, that last line right there, I liked it so much. I read it twice and I wanted to leave it up here on the screen. I think it's important. Why am I right?

ELIE HONIG, CNN SENIOR LEGAL ANALYST: It deserves to be up on the screen, John, because it goes right to the heart of the matter, which is Donald Trump's state of mind, what he knew and when he knew it.

And to really understand this, we need to take a look at the timeline around Mar-a-Lago here, just to refresh everybody. Back in May of 2021 is when DOJ and the Archives first started to negotiate with Trump's team to get back these documents. Now, about eight months later in January of 2022, Trump's team turned over 15 documents, but the negotiations continue because investigators thought he still has some documents. And that led to this key moment in May of 2022 when DOJ issued a subpoena.

Now, a subpoena is mandatory. It is a command from the court from the grand jury, you have to turn over these documents. Now, that piece of information you just focused on Trump personally went through those documents happens here after the subpoena. That's why it's so important because now he knows there's a subpoena, and it shows he knew what was in those documents.

After that, they send a certification falsely saying we've given you everything we have. And then, of course, finally, in August comes the search warrant. So, that is a crucial moment in time. It goes right to intent. BERMAN: You got to give us the stuff. That's a subpoena right here is where he is doing things with that stuff. That might mean possible obstruction.

Elie, explain to me how obstruction fits in the possible crimes that DOJ said they thought that Trump might have committed.

HONIG: Sure. If you think back to that search warrant in August, in order to get a search warrant, prosecutors have to go to a judge and establish probable cause of at least one federal crime. And in this case to get into Mar-a-Lago, prosecutors established mishandling of defense information, destruction or concealment of government documents and, crucially, one of the three crimes prosecutors were focused on then was obstruction.

Now, let me give you the technical definition of what obstruction is, what you might have to prove, what you would have to prove against Donald Trump. First of all, that he knowingly, knowingly altered, destroyed or concealed evidence. Again, if he's personally riffing through those documents, he knows. And then second, the intent to impede and investigation. The intent is so key here.

BERMAN: How key is it? It's so key that I asked for it to be written in very big letters to put up on the screen. Intent is important here and a lot of what in this Post article gets to that.

HONIG: It's all about intention. And in any prosecution, the easy part usually is proving the physical movements, who did what, where did the boxes go, but getting inside someone's head, that's the ball game.

BERMAN: And in this case, one of the open questions has always been, why did Trump want to hang on to these documents? There's some suggestion perhaps in this article.

HONIG: Yes. So, it doesn't appear, and this has always been one of the mysteries. It doesn't appear as if Trump published these documents, put them online, sold them to anyone, and this article gives us some indications of what might have been his motive for those -- for retaining those documents.

First of all, the article says that investigators have asked witnesses if Trump showed a particular interest in material relating to General Mark Milley. Now, General Milley, of course, became an outspoken critic of Trump. So, we seem to be very interested in that. And, second of all, the article reports that investigators have been asking witnesses if Trump showed classified documents, including maps to political donors. So, it could give us a little insight into the why here.

BERMAN: All gets to this of intent. Elie Honig, thank you for helping us understand this. I appreciate it. Kate?

BOLDUAN: Former Arkansas Governor Asa Hutchinson is the latest Republican to announce that he is running for president. Ahead, we're going to discuss how his jumping in changes the state of the race. And new calls for gun safety one week after the deadly school shooting in Nashville. Today, students in Nashville, they're planning a walkout and demanding action from lawmakers.

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[10:25:00]

BOLDUAN: We are continuing to follow the many moving parts of our top story this hour. First up, in a couple of hours, former President Donald Trump will be heading to New York one day before his unprecedented day in court. He's going to be arraigned tomorrow on possibly 30 charges, stemming from the hush money payments to adult film star Stormy Daniels.

He is set to surrender at a Manhattan courthouse, making him the first former American president to face criminal charges. Sara?

SIDNER: There is a new tornado watch for parts of Mississippi, Alabama and Florida in effect this morning. Communities across the south and Midwest are being hammered by severe weather that includes deadly tornadoes. And, unfortunately, more of that severe weather is on the way already. At least 32 people have been killed following 50 reported tornadoes that ripped through the region.

Take a look at this new satellite image. Here, you can see tornado scars, as they call them, in Wynne, Arkansas. That faded line is part of the tornado that blew through the town, essentially splitting the town in half.

Derek Van Dam is joining us live from Wynne. Some of the same places that have seen utter destruction might have to face some of this again?

DEREK VAN DAM, CNN WEATHER ANCHOR: Yes, that is weighing so heavily on the residents here in Wynne, Arkansas, the threat of more severe weather tomorrow and on Wednesday. But there's just so many people across America waking up to so much heartache this morning with the path of devastation that these tornadoes have left behind.

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And you're seeing some of that here within Wynne, Arkansas.

This used to be.