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Mayorkas Back At Border Ahead Of Expected Migrant Surge; Trump's Video Deposition In E. Jean Carroll Case Released; Feinstein On Impact Of Absence: "No Slowdown" On Advancing Nominees. Aired 2- 2:30p ET

Aired May 05, 2023 - 14:00   ET

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

[14:00:00]

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JIM SCIUTTO, CNN ANCHOR: Preparing for a surge. Right now, Homeland Security Secretary Alejandro Mayorkas is at the southern U.S. border as concerns mount about a sharp rise of migrant crossings just days before COVID-era policy ends. We are live at the border.

BORIS SANCHEZ, CNN ANCHOR: Plus, rocket system sabotage. Sources telling CNN that Russia is using electronic jammers to throw off U.S.- made rocket systems in Ukraine. In some cases, causing the rockets to miss their targets. We're going to tell you how the Pentagon is now responding.

JESSICA DEAN, CNN ANCHOR: And the labor market is on fire but April's surprise jobs report is complicating the Fed's inflation fight. So, what will the central bank do next? We're falling these major developing stories and many more, all coming in right here to CNN NEWS CENTRAL.

SCIUTTO: We begin as we often do at the U.S.-Mexico border. Homeland Security Secretary Alejandro Mayorkas is in the air for a second day now. Red Cross volunteers also on the ground helping out with the growing number of migrants already crossing into Texas. That is even before Title 42, as it's known, ends.

That Trump-era policy allowed the government to quickly turn away asylum seekers due to COVID-19. That expires on Thursday. Border towns have been bracing for an immediate surge -- really a further surge from where we've been.

That includes El Paso, Texas, which is where CNN's Rosa Flores is at. Rosa, listen, to be frank, this has been a long time coming. The numbers there are already great. I suppose the question is how much greater do they expect the numbers to be in the coming days?

ROSA FLORES, CNN CORRESPONDENT (on camera): You know, it's unclear. Officials really don't know and they're not releasing estimates. The image is here in El Paso still very dramatic.

Walk with me. I'm in this alley where migrants are setting up practically tarps and blankets to protect themselves from the sun. They're staying underneath because it's very hot here in El Paso right now.

The city of El Paso estimates that there's about 2300 migrants that are in the city streets at the moment. That's on top of all of the migrants that are inside shelters already. At this location where I'm at, officials believe that there's about 1800 migrants that are out in the street.

Now, the scene might change here in the coming days. We don't know exactly how much. But the city does plan to tap into some of the resources that they have.

Some of the shelters. They're going to start opening some of the shelters but here's the thing. We don't know how much the scene here will change for this reason. The city of El Paso can only help migrants who have turned in themselves to border authorities. They had -- and gotten processing papers.

A lot of the individuals here actually decided to enter the country illegally. The city can't help them. That's why you see a lot of American Red Cross blankets out here. That's why the American Red Cross is here.

The city of El Paso asked the American Red Cross to help, to come on- site because they can't help individuals who entered the country illegally. Now, about the flow as we anticipate the end of Title 42 from talking to sources at USC BP. They anticipate that large group of -- groups of migrants will continue to be turning themselves in to authorities. A lot of them will be entering illegally, Jim.

USC BP is saying that they've been battling a misinformation campaign by transnational organizations, i.e. the cartels. A lot of these cartels lied to the migrants. They smuggle them into the country illegally. And this is where they ended up, in camps outside a church here in El Paso, Jim.

SCIUTTO: So, Rosa, help me understand then if they're illegal and you know that and others know that, why aren't they arrested?

FLORES: You know because they are in this area of the church and that's the reason why you see a lot of these individuals -- and walk with me because I'm going to keep walking as I tell you the story so you can see the visuals here. A lot of these individuals enter the country illegally and they come to churches. Why? Because historically, U.S. Customs and Border Protection does not raid, does not arrest in certain areas, including churches, including schools. And so all of these individuals that enter the country illegally know that.

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U.S. Customs and Border Protection agents also know that. And so that's why you see these dramatic scenes of individuals that are not leaving. And that's why I point out that even when the city of El Paso decides to open its city's shelters next week is what we're hearing from them, we're expecting to see the scenes to change a little bit, Jim, only because all of the individuals -- and you'll see them with a lot of manila folders, some of them walking around. And if you look closely, they also won't have chill shoelaces because when they're processed by border patrol, they'll shoelaces are removed.

Those individuals have been processed by border patrol. The city of El Paso will be able to take those individuals into shelters. And the reason why is because it's all tied to FEMA money.

FEMA money is what's funding this disaster declaration by the city of El Paso. And they have to follow the rules of the federal government and that is they can help migrants who decided to enter the country legally, turn themselves in, be processed by border authorities. They can't help individuals who enter the country illegally, Jim.

SCIUTTO: Well, it's a remarkable view into the system. And we should note a lot of the facets of that system have been in place for many years through multiple administrations. Rosa Flores, at the border, thanks so much. Boris.

SANCHEZ: Focusing now on the ongoing war in Eastern Europe. A high- powered U.S. weapons system that Ukraine says is a game-changer in its fight against Russia is running into some problems on the battlefield. CNN has learned that Russia has had some success jamming the GPS of the American-made HIMARS units so that the rockets missed their targets.

CNN's Alex Marquardt broke this story for us and joins us now live. Alex, this is as the Ukrainians say a game-changer but it's being rendered less effective.

ALEX MARQUARDT, CNN SENIOR NATIONAL SECURITY CORRESPONDENT (on camera): It was an immediate game-changer, Boris, when it arrived in Ukraine early last summer. This is the most celebrated weapons system that Ukraine has received from the U.S. It is the most feared by the Russian side, and that is because it is extraordinarily precise. It can fire six rockets at any given time. The rockets they have now can go around 50 miles or 80 kilometers and land with a precision of around 10 feet.

But, Boris, they are guided in part by a GPS guidance system and that is what the Russians have figured out how to jam. It is relatively simple. And so, what has happened is it has made them less effective. I spoke with the Ukrainian source, he talks to drone operators on the front line, those drone operators saying that they are not hitting their targets as much and that they are sometimes missing their targets altogether.

So, what has happened is the U.S. has worked with Ukraine to come up with workarounds to get around that jamming. And then the Russians will figure out how to counteract that countermeasure. So, in the words of one senior Pentagon official, it is constant tweaking that they have to do. It is a constant game of cat and mouse to keep the tactical edge of that very powerful weapon system.

SANCHEZ: And so, with the Ukrainian counteroffensive set to begin, essentially at any moment, how might that factor into the Ukrainian's aspirations? MARQUARDT: These things have been critical the entire fight and certainly, will continue to be for this counteroffensive. The Ukrainians need these systems in the fight to be able to target weapons depots, radar systems, a command and control centers far beyond the front lines. And so, there is a priority now for the U.S. to try to help the Ukrainians seek out where the Russians are doing this jamming, and simply take it out because the Ukrainians really do need the HIMARS for this counteroffensive.

SANCHEZ: Meantime, a top Russian official, essentially saying that the U.S. and Russia are on the verge of open warfare after that drone exploded over the Kremlin.

MARQUARDT: Right.

SANCHEZ: Do we have any more details on where that drone originated? The U.S., we should note, is denying any involvement.

MARQUARDT: The U.S. is very much denying any involvement. They're saying that they're still very much looking into what happened. The White House is clear that this is not an American investigation, but you can be sure that intelligence analysts are poring over whatever data they have to try to figure this out.

The U.S. rejecting these -- what they call lies from the Kremlin that the U.S. was not only supporting Ukrainians but had a direct hand. The White House has simply called this ludicrous. This is in line we should say, Boris, with what we've heard from the Kremlin before that the U.S. is not only supporting Ukraine in that fight but Russia feels like it is fighting against all of NATO. Now, Ukraine has denied this, not just publicly, but I'm told privately as well to the White House, Boris.

SANCHEZ: We just heard in the last hour from a member of the House Armed Services Committee or rather the House Intelligence Committee that they're set to get a briefing on the drone incident. Maybe we'll learn more after that.

MARQUARDT: Real quick.

SANCHEZ: Alex Marquardt, thank you so much. Jessica.

DEAN: Boris, Alex, thanks. Let's talk now about the U.S. economy and the balancing act that keeps getting tougher. Coming into today's new jobs report, economists were expecting 180,000 jobs added in April. But then employers added a surprising 253,000. Obviously, much more than expected.

And it pushed back against other gloomy indicators stubborn inflation, fears of a default on government debt, failing banks. A short time ago, President Biden took a victory lap on the positives of the report.

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(BEGIN VIDEO CLIP) JOE BIDEN, PRESIDENT OF THE UNITED STATES: The unemployment rate is at 3.4 percent, which is the lowest in 50 years. Black unemployment has hit a record low. And the really good news is working-age Americans are participating in the labor force at the highest rate in 15 years. Not just since the pandemic, in 15 years. And the working-age women are participating at the highest rate in 75 years.

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DEAN: And joining me now is Diane Swonk. She is the chief economist for the global financial services firm, KPMG. Diane, great to see you. First, just what stands out to you about this report today?

DIANE SWONK, CHIEF ECONOMIST, KPMG: It was that unemployment rate was simply stunning, but also the participation rate of prime-age women hitting a new record high. I mean, that's something that we've been struggling to do for a very long time now. And that's good news.

It comes though, with a bit of a trade-off and some bitterness as well. And that as the bitter side of the pill is that those over 65 are not participating in the labor force as they have in the past. And those over 55 are not participating in the labor force as they have in the past.

That is a residual of the pandemic, but also the care crisis we have in the United States. People that are in their 50s -- their mid-50s, in particular, women are saying that they're dropping out of the labor force to either care for an elderly parent or for children -- of their children, their grandchildren. And that underscores the childcare crisis we have.

The good news is, is that women are driving the participation rate and it's coming up again. And it's finally exceeded those 1999 levels, which is just stunning. The bad news is we're still lagging all our competitors out there in prime-age women participation.

And in male participation rate. The participation rate, just north of the border in Canada is much higher among women ages 25 to 54 as it is among men. So, we're still trying to catch up but the good news is we're beginning to.

The other part about the data that I think is important is the downward revisions we saw. March was the weakest month in terms of overall employment gains with the revisions -- the downward revisions to it, which were quite large that we've seen since December of 2020 when employment actually contracted. What it suggests as we've seen two months in a row after the longest string of upward revisions to the data that we had seen on record is two months of a row of downward revisions.

That means we could be at a tipping point where we're now overcounting the number of workers each month. But the good news is, that's not going to affect that unemployment rate, that unemployment rate is still extremely low. It's been under four percent for 15 months -- consecutive months straight. That's the longest string of unemployment rates below four percent since 1969. That's very important for a couple of reasons. Most important to the Federal Reserve is that is also an era that the Fed thought that the Fed was in a combating inflation mode and didn't defeat inflation back then. It is also above with the Fed estimates as a non-inflationary rate of unemployment.

DEAN: All right, there's just so much to take in there. Diane Swonk, we sure do appreciate all of your expertise and kind of laying it all out for us. Thank you so much for joining us. Jim.

SWONK: Thank you.

SCIUTTO: Well, just made public. Former President Trump -- former President Donald Trump on video, his deposition from his civil battery and defamation case. He is accused of raping E. Jean Carroll. This, in the mid-90s. We're going to bring you portions of the video of that deposition coming up.

Plus, Democratic Senator Dianne Feinstein is fighting back after claims she's to blame for the delay of confirmation hearings for judicial nominees. We are live on Capitol Hill next.

We are also just weeks away from summer. But as air traffic controller and pilot shortages remain, get ready for some travel chaos. I'm going to speak to the Transportation Secretary, Pete Buttigieg, about that and other topics. You're watching CNN NEWS CENTRAL.

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SCIUTTO: For some new video into CNN. Donald Trump's deposition with prosecutors played before the jury at his ongoing civil battery and defamation trial. It has been released to the public. The lawsuit you'll remember was brought by E. Jean Carroll who has accused Trump of raping her in a department store dressing room in the mid-1990s.

CNN's Kara Scannell, she has been following the trial. Kara, this tape of the deposition as a whole runs for an hour. What are the newest pieces that we learned from it?

KARA SCANNELL, CNN CORRESPONDENT (on camera): Well, Jim, this is the video deposition that was played before the jury yesterday who has been sitting through this seven-day battery and defamation trial. And just as a reminder. E, Jean Carroll sued Trump alleging that she -- that he raped her in Bergdorf Goodman department store in the mid- 1990s and then defamed her when he said she's not his type, he didn't know her, and that she made up the story and it was a hoax.

So, this is the first time that you know we're going to see now what the jury saw yesterday and it's the first time the public will see how Donald Trump answers these questions. This comes from the deposition he sat for in October of last fall. So, take a listen.

(BEGIN VIDEO CLIP) DONALD TRUMP, FORMER PRESIDENT OF THE UNITED STATES: Read the next, go ahead. That she's not my type? Yes. Because it's not politically correct to say it, and I know that but I'll say it anyway.

She's accusing me of rape. A woman that I have no idea who she is. It came out of the blue. She's accusing me of rape -- of raping her. The worst thing you can do -- the worst charge.

And you know it's -- you know it's not true too. You're a political operative also. You're disgrace -- you're a disgrace.

But she's accusing me and so you have rape, and it never took place. And I will tell you, I made that statement. And I said, well, it's politically incorrect. She's not my type. And that's a hundred percent true. she's not my --

(END VIDEO CLIP)

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SCANNELL: So, there you see Trump being asked the specific going right to the heart of this case that he makes those statements he says he did, and he's denying the battery claim there that he raped her. You know, of the whole deposition, this is probably the most agitated that he has appeared. At other points, he's very much hunched over with his hands class but there you can see, he becomes quite agitated about this.

You know, there's a lot more to it. We're working to cutting it up so we'll have more to bring to you, Jim. But you know, that's kind of the first -- you kind of really get a sense of how Trump was handling this deposition here, which was about 48 minutes long.

SCIUTTO: Yes. Well, a familiar tactic right to attack the person accusing him in very personal terms. Kara Scannell, thanks so much.

Joining us now is CNN's new chief legal analyst Laura Coates here to discuss this. And let's talk about both sides of this trial if you can --

LAURA COATES, CNN CHIEF LEGAL ANALYST: Yes.

SCIUTTO: -- because as you noted to me just now, it's a battery and a defamation trial.

COATES: Right.

SCIUTTO: So, you ineffective two pieces of this. Let's begin with the allegation of the attack, the rape here. Part of Trump's defense, which I find almost mind-boggling is for him to say that he feels it helps defend himself is he says she's not my type. Well, and therefore I would not have touched her which I suppose is his -- is his argument here.

But in an additional piece of this, we see him mistake a picture of his -- of E. Jean Carroll. He says no, that's my wife -- his second wife at the time, Marla Maples, which seems to undermine his argument because he just mistook E. Jean Carroll for his wife at the time. Regardless, let's let people be the judge. Have a listen. I want to get your reaction.

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TRUMP: I don't even know who the woman is. Let's say, I don't know who -- it's Marla.

UNIDENTIFIED FEMALE: You said Marla's in the photo?

TRUMP: That's Marla. Yes. That's my wife.

UNIDENTIFIED FEMALE: Which one are you pointing to? You know isn't that Carroll?

TRUMP: Here. I was that --

UNIDENTIFIED FEMALE: The person you just pointing to is E. Jean Carroll.

TRUMP: Oh, I see. Who is that? Who is this?

UNIDENTIFIED FEMALE: And the person -- the woman on the right is your then-wife Marla?

TRUMP: I don't know. This was the picture. I assumed that's John Johnson. Is that --

UNIDENTIFIED FEMALE: That's Carroll.

TRUMP: You know, because it's very blurry.

(END VIDEO CLIP)

COATES: Yes.

SCIUTTO: I mean, if he's part of his defense, if she's not my type but he just mistook her for his then-wife, is that material?

COATES: So, let's keep in mind two things here. Remember, he is being accused of battery, an offensive tension, which is where the rape allegations come in. Why this is she my type -- is she not my type statement so important? It's not for the salaciousness of pointing out the absurdity of what you reference. And again, survivors will tell you rape is about power.

SCIUTTO: Yes, absolutely.

COATES: It's not about the laws of attraction.

SCIUTTO: Absolutely.

COATES: And so, when you think about it, from that perspective, the whole point, if he's making that statement and leading into it, is to suggest that she has lied about any relationship that they may have had or interaction in some form or fashion. He's saying, I don't know her, she's not my type, I would never have done this.

SCIUTTO: Yes.

COATES: He's essentially backing up his claim that she is a liar. And that's the form of the defamation here. Remember, it's not just about saying an insult, right?

You can insult someone in this world. But if you actually publicize a statement that is a false assertion of fact -- not a matter of opinion, but a false assertion effect that lowers some deputation, then you're in defamation territory.

SCIUTTO: Yes. OK.

COATES: That's why calling her a liar, it's just that he wouldn't have done this and that she has concocted the story is important.

SCIUTTO: Yes, no question. And by the way. It sounds -- it sounds somewhat odd to the application being it would have been more likely the claim would be more substantial if he was my type. Regardless, that's just to an outside --

COATES: That's despicable to talk about.

SCIUTTO: -- an outside observer, not a lawyer.

COATES: Right.

SCIUTTO: So. to your point about defamation being central to this case, let's play another clip from this deposition in which he calls the case a hoax. Have a listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Now, in your True social statement on October 12, you use the word hoax. Specifically, you say it is a hoax and a lie just like all the other hoaxes that have been played on me for the past seven years. Do you see that?

TRUMP: Yes.

UNIDENTIFIED FEMALE: Recall making that statement. And I take it, what you're saying there is Ms. Carroll fabricated her claim that you sexually assaulted her, correct?

TRUMP: Yes, totally.

UNIDENTIFIED FEMALE: OK.

TRUMP: A hundred percent.

(END VIDEO CLIP)

SCIUTTO: Is that relevant to the defamation case there?

COATES: That is the defamation assertion here. Remember, if you say something is untrue -- I mean, it's provable to be true or not, and you make the assertion in a way that undermines or damages someone's reputation this way being credibility, one's integrity, and purity and all those things --

SCIUTTO: Yes.

COATES: -- that is the entirety of a defamation case. But you have to actually show which is why Tacopina was so invested, and trying to point out that somehow her life had been better at this point in time, that people saw her in a very different and more favorable light or they hadn't had a lesser opinion of her.

[14:25:10]

That's all going to be part and parcel to a jury's determination of whether your reputation actually been damaged. And so all of this, there's all sorts of details here. I'm very intrigued with seeing the whole deposition because it gave it that much more weight --

SCIUTTO: Yes.

COATES: -- because he did not testify.

SCIUTTO: Yes.

COATES: We have until Sunday to know if he actually will not do so. But if he chooses not to testify, that ship has sailed, and that buttresses that entire deposition.

SCIUTTO: This is a civil case. Is that -- is the standard of preponderance of evidence as opposed to be on a reasonable doubt?

COATES: It's a preponderance.

SCIUTTO: Got you.

COATES: Meaning, more likely than not.

SCIUTTO: Right.

COATES: That's not the highest of standards, right?

SCIUTTO: But you -- we got him.

COATES: So, he doesn't have a bit -- it's like 50.001 percent more.

SCIUTTO: Right. Different from a criminal trial.

COATES: Yes.

SCIUTTO: Laura Coates, thank you so much as always. Jessica.

DEAN: Jim, thanks. A key Senator on the Judiciary Committee is pushing back on complaints her absence is delaying critical votes. Senator Dianne Feinstein hasn't voted in the Senate since February 16 as she recovers at home from shingles. But the California Democrat argues in a statement. "There has been no slowdown in advancing and confirming judges." Her statement also blames Republicans for blocking some judicial nominees.

Let's bring in CNN's Lauren Fox, who's on Capitol Hill. Lauren, the question is, is she right? And also, how long are Democrats willing to wait for her to come back?

LAUREN FOX, CNN CONGRESSIONAL CORRESPONDENT (on camera): Yes, Jessica. I mean, the pressure is really mounting on her to set aside to retire the argument coming from her colleagues, some of whom say that she has had a very impressive three decades of service on Capitol Hill, but that it is time for the 89-year-old to step aside if she is not coming back soon.

In fact, the New York Times editorial board wrote this today in a piece saying. "If members can't effectively represent their constituents, they should not hesitate to turn their job over to someone who can. Ms. Feinstein owes California a responsible decision."

Now, the argument from Senator Feinstein's office is that her absence has not had the kind of impact that some Democrats have painted a picture of. In a statement yesterday, Senator Feinstein said there has been no slowdown. When I returned to the Senate, we will be able to move the remaining qualified nominees.

The issue, Jessica, on Capitol Hill is not necessarily the judicial nominees that were in the pipeline and ready to go on the Senate floor. Democrats still have the advantage there. The issue is when it comes to the Senate Judiciary Committee without Senator Feinstein's presence, they now have eight equally divided committees. That means that anyone who does not have the support of both Democrats and Republicans gets stuck in committee, and that means that you cannot move forward with a floor vote. So, that's the main issue happening right now.

And while during her absence, yes, they have been able to advance many nominees on the Senate floor. They're starting to run short in that timeline. And the concern is if she's gone much longer, the amount of judges that you have in that pipeline starts to dry up, Jessica.

DEAN: Right. And we just don't know when she will be back. Lauren Fox, thank you so much. Boris.

SANCHEZ: The Republican front runner for the North Carolina Governor seat mired in controversy. He mocked the survivors of the Parkland School shooting while they protested for gun control, even calling them media prosti-tots. CNN has those social media posts.

And also ahead, another North Carolina politician in trouble. Former Congressman Madison Cawthorn pleading guilty to carrying a gun through TSA. Stay with us. CNN NEWS CENTRAL is back in just moments.

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