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Trump Shrugs Off Probe, Doubles Down On Georgia Election Phone Call; Republicans Stall Senior Military Nominations And Promotions; GOP Sen. Tuberville On White Nationalists In The Military: "I Call Them Americans"; South Carolina Man Files Lawsuit After Being Shot Nine Times By Deputies. Aired 3:30-4p ET

Aired May 11, 2023 - 15:30   ET

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


[15:30:02]

NORM EISEN, CNN LEGAL ANALYST: And if there's a trial played before the jury.

JIM SCIUTTO, CNN HOST: OK, so that relates to the DOJ's investigation of his role on January 6th.

Let's talk about the Fulton County D.A. in Georgia, investigation of the famous phone call, among other efforts to flip the results in the state of Georgia. Let's have a listen.

(BEGIN VIDEOTAPE)

KAITLAN COLLINS, CNN ANCHOR: Given the fact that there are indictments expected to come in that case this summer, is that a call you would make again today?

DONALD TRUMP, FORMER PRESIDENT OF THE UNITED STATES: Yes, I called questioning the election. I thought it was a rigged election. I thought it had a lot of problems. I had every -- I guess he Secretary of State I called. Listen to this, there are like seven lawyers on the call, many from their -- we're having the call, we're having a normal call. Nobody said, oh, gee, you shouldn't have said that. If this call was bad, I question the election --

COLLINS: You asked them to find you votes.

TRUMP: If this call was bad -- I didn't ask him to find anything.

COLLINS: We've heard the audio tape --

TRUMP: If this call was bad --

COLLINS: Mr. President, there's an audio of you asking him to find you 8,000 votes.

TRUMP: I said you owe votes because the election was rigged.

(END VIDEOTAPE)

SCIUTTO: "You owe me votes." Tell me how that impacts the investigation in Georgia?

EISEN: Fani Willis, the Fulton County D.A., who is investigating Donald Trump, and every indication very likely she's going to charge him this summer. Already had a mountain of evidence that Donald Trump interfered with the election in Georgia. But he just gave her more proof. And it's the most important kind of proof for a prosecutor, Jim. Intent proof. Whatever he believed, once the election had been certified, he can't demand that the Secretary of State Brad Raffensperger just find 11,780 votes. It's vigilante justice.

Think of it this way, if I believed the bank owed me $11,780 and I went in there -- and he threatened -- and I went in there and I threatened the teller, give me my $11,780. Even if I believed it belongs to me, you can't do that, and you can't do that in an election. Again, very valuable footage for the prosecutors in Georgia.

SCIUTTO: You can't say you owe me that money, you can't say you owe me those votes -- as he said here.

OK, finally on the E. Jean Carroll investigation -- which of course, as we reported when it broke on the broadcast here. He had two pieces, it was the sexual abuse piece, found libel, but also the defamation piece. Let's play what Trump said last night and I want to get your sense as to why that was important. Have a listen.

(BEGIN VIDEOTAPE)

TRUMP: and by the way, they said she wasn't raped, OK, that was her charge, it wasn't --

COLLINS: They found that you sexually abused her.

TRUMP: They did -- they found -- say what -- they didn't -- they said he didn't rape her and I didn't do anything else either. You know what? Because I have no idea who the hell she is.

They said he didn't rape her. I didn't do anything else either, because I have no idea who the hell she is. I don't know who this woman is.

COLLINS: But Mr. President, can I ask ...

(END VIDEOTAPE)

SCIUTTO: How does that factor into that case?

EISEN: will Well, the first two cases, the evidence is for the actual courts. In this case, it's for the court of public opinion. By the way, he misstated what happened in the trial. They did not exonerate him of rape. They found that he had committed battery of a sexual nature.

SCIUTTO: Sexual abuse, yes.

EISEN: But before the jury of the American people, if Donald Trump is to have any chance of securing the White House again, he's going to have to persuade independent voters. He's going to have to persuade women. This was such an affront. It was so unhelpful to his purported objective. So, this is one that I think very damaging proof in the court of public opinion. By the way, if E. Jean Carroll wanted to, she could sue him again. I don't think that's going to happen.

SCIUTTO: Well, and I'm sure some of his lawyers might have been uncomfortable with those comments, as well -- according to your analysis. Norm Eisen, thanks so much --Boris.

BORIS SANCHEZ, CNN HOST: Up next, unsettling for the institution. Those words from the nation's highest ranking military officer about Senate Republicans holding up military nominations. The latest on that fight ahead.

And later, police in Oklahoma were called about someone yelling for help. Instead, they got quite the surprise. Video you don't want to miss. This is CNN NEWS CENTRAL.

[04:05:00]

(COMMERCIAL BREAK)

BRIANNA KEILAR, CNN HOST: Republican Senator Tommy Tuberville continues to block senior military nominations. He's doing it to protest new Pentagon reproductive health policies that include paid time off and travel reimbursements to receive an abortion. These are travel reimbursements as well for spouses, independents, as well as service members. So far, Tuberville has blocked 200 nominations, and the chairman of the joint chiefs was before Senators today, warning this could impact 4,000 service members and their families.

(BEGIN VIDEO CLIP)

GEN. MAR MILLEY, CHAIRMAN OF THE JOINT CHIEFS OF STAFF: This is unsettling for the institution, and it will have, over time, I think a significant degradation in readiness, in capability, morale. I think holding up commissioned officer's confirmations on anything other than their own personal talent and skills further politicizes the military. And if the intent is not to politicize the military, I think it has the opposite effect.

(END VIDEO CLIP)

CNN's Melanie Zanona is live for us on Capitol Hill. Mel, this is really turning into a face-off.

[04:10:00]

MELANIE ZANONA, CNN CAPITOL HILL REPORTER: Yes, you're absolutely right. And the testimony that we heard today is only reinforcing Democratic concern over the blockade of military promotions, and strengthening their resolve to address these issues. Senator Elizabeth Warren, who sits on the Senate Armed Services Committee, told my colleague moments ago that she's planning on initiating a pressure campaign to try to highlight the impacts that this blockade is having on the Pentagon and on military readiness. She said: Senator Reid and I are going to draw more attention to what

our Secretary of Defense is telling us about the impacts on military readiness.

But, Brianna, we should point out that even some Republicans are growing increasingly uncomfortable with Tuberville's actions. Just take a listen to Senate Minority Leader, Mitch McConnell.

(BEGIN VIDEO CLIP)

SEN. MITCH MCCONNELL (R-KY) MINORITY LEADER: No, I don't support putting a hold on military nominations. I don't support that. But as to why you need to ask Senator Tuberville.

(END VIDEO CLIP)

ZANONA: So some pretty significant comments there is from Mitch McConnell, the top Republican. And we don't hear him often breaking with his fellow Republicans there -- Brianna.

KEILAR: Yes, you really don't. It's pretty significant. Melanie Zanona on The Hill, thank you.

And we have CNN's Jake Tapper with us now. He's also covering this extensively in "THE LEAD" the next hour. This is going to have an impact, what Tuberville is doing.

JAKE TAPPER, CNN ANCHOR, THE LEAD: It's a huge issue. Democrats and Republicans in the Senate both sides are actually incensed. It's 150 flag officers, generals, admirals, head of cybersecurity. These are positions that the Pentagon truly believes, and Republicans and Democrats who know what they're talking about, also agree need to be filled. And it's not even a question. Tuberville is doing this because he politically objects to an issue having to do with abortion in the Pentagon. But these individuals, these are not political appointees, these are military appointments that have been earned.

KEILAR: That's right. And if he keeps it up, there are going to be many others. Right? This is just sort of the tip of the iceberg.

TAPPER: Well, it trickles down. You don't fill this general, then you can't fill the Colonel. I mean, you know how it works.

KEILAR: Exactly. OK, so I also want to talk to you about something else involving Senator Tuberville. Because he made some very controversial comments on a local Alabama radio station. Let's listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You mentioned the Biden administration trying to prevent white nationalists from being in the military. Do you believe they should allow white nationalists in the military?

SEN. TOMMY TUBERVILLE (R-AL): Well, they call them that. I call them Americans.

(END VIDEO CLIP)

KEILAR: OK. A lot of blowback from this. So he, to be clear, has since clarified to multiple outlets, including CNN. That he thinks Democrats, he's blaming Democrats for making all MAGA Republicans out to be white nationalists. But his office told al.com, quote, he was being skeptical of the notion that there are white nationalists in the military, not that he believes they should be in the military.

TAPPER: There has been a problem with white extremism, white separatism, white supremacist in the military for a long, long time. There was a study that came out. It was kept private in October 2020, during the Trump years, that concluded that there was a problem. They were doing something about it. Every few years, we hear something about a study.

Obviously, most people in the military are not white supremacists, are not white nationalists. But it is a problem.

He is trying to get out of what he said, but his basic knee jerk response was to defend white supremacists as Americans -- and no one is denying that they're Americans. But that doesn't mean -- I mean, there are Nazis who are Americans. You don't let them in the military.

The biggest problem that Senator Tuberville has with his defense is that in October of last year, he said one of the most objectively racist things I've heard a U.S. Senator saying in decades. This is Senator Tuberville in October talking about how Democrats like crime. Now listen closely.

(BEGIN VIDEO CLIP)

TUBERVILLE: Some people say, well, they're soft on crime. No, they're not soft on crime. They're pro crime. They want crime. They want crime because they want to take over what you got. They want to control what you have. They want reparations because they think the people that do the crime are owed that. Bull shit! They're not owed that.

(END VIDEO CLIP)

TAPPER: "They want reparations because they think the people that do the crime are owed that." That is Senator Tuberville of Alabama saying that criminals are black people and the discussion about reparations for the descendants of slaves is somehow related to this. Objectively racist. Horrifying. And so he finds himself in this position where he's trying to explain. No, I didn't mean to come to the defense of white supremacists.

[04:15:00]

You know, it's just everyone on the left says that all MAGA Republicans are white supremacists. I might be more inclined to think, OK, he just is not a particularly eloquent speaker. But he knew exactly what he was saying in that October clip.

KEILAR: It also is playing into this debate, and this division in the military over "wokism." Is the military too woke? And you've heard that rhetoric, right? This is something that I think you have some folks who are trying to exploit in an institution that has generally been pretty well respected, but has suffered recently.

TAPPER: Look, the military struggles to figure out ways to appeal to 18-year-olds, and to embrace a United States that is very different in 2023 than it was in 1953. They're not always going to get it right. They're sometimes going to say things and attempt campaigns that seem silly or out of touch or maybe don't really even have anything to do with military readiness. And all of that is fair to be criticized 100 percent.

That's not what this is. He is defending the presence of white supremacists in the military. And he himself has views, based on that October clip, that sound pretty white supremacist to me.

KEILAR: Yes, thanks for showing that to us, Jake. And of course, we are not going to miss "THE LEAD" coming up at the top of the hour -- Boris.

SANCHEZ: Now to a few other headlines we are following at this hour.

Good news about hero police officer Nickolas Wilt. Remember he was shot in the head while responding to last month's deadly mass shooting at a bank in Louisville, Kentucky. The 26-year-old has been moved to a rehab facility. Earlier this week, police department officials said that Wilt was taken off a ventilator and could now respond to some commands.

And a couple of police officers in Enid, Oklahoma heard a cry for help that was undeniable. So, they quickly jumped into rescue mode. But there was one problem, the cry was not from someone in distress. Well, not exactly. Watch this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I think that's a person. It's a goat?

(END VIDEO CLIP)

SANCHEZ: It was a goat. A local farmer told the officers the barn animal was upset when it became separated from its fellow four-legged friends. And to be fair, often when I get lonely, Jim, I make a very similar sound.

SCIUTTO: OK. I'll try not to hear that.

An other story we're following this hour -- and it's a serious one. Like cowboys from a John Wayne movie, that is the allegation from a South Carolina man who survived being shot nine times by sheriff deputies who were responding to a wellness check.

[04:20:00]

(COMMERCIAL BREAK)

SANCHEZ: Like cowboys from a John Wayne movie. That's how a man who was shot nine times by sheriffs deputies in South Carolina describes the actions of officers who showed up for a wellness check back in 2021. Trevor Mullinax is now suing the York County sheriff's department. The incident was captured by a police dash and body cams. Deputies were responding it to a call about Mullinax being suicidal when the shooting began. Here is what Mullinax now says about the incident.

(BEGIN VIDEO CLIP)

TREVOR MULLINAX, SUING YORK COUNTY, SOUTH CAROLINA SHERIFF'S OFFICE AFTER BEING SHOT: May is mental health awareness month. I hate that I have to be the face of it this month, but if it helps even one single person in this world to not have to go through what me and my family have, I am OK with it.

(END VIDEO CLIP)

SANCHEZ: A powerful message there. Let's go to CNN's Dianne Gallagher. She joins us now live with more. Dianne, walk us through what happened here.

DIANNE GALLAGHER, CNN NATIONAL CORRESPONDENT: So, Boris, on May 7, 2021, two friends of Trevor Mullinax called 911 saying they wanted someone to check on their friend. Saying that they were worried about their buddy, that he was suicidal because likely stemming from his concern over an arrest warrant out for him.

They warned the dispatcher they thought he may have a knife on him inside his truck, but said they just wanted this to be a wellness check. Well, authorities arrived there on scene and I do want to warn you, this video is extremely difficult to watch and to hear. A note, the woman in the red shirt next to the driver's side door of this truck is Mullinax's mother Tammy Beason. Take a look.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Let's see your hands! Hands, hands, hands! Let me see your hands!

(MULTIPLE GUN SHOTS)

(END VIDEO CLIP)

GALLAGHER: Now, after that happened, they also put the mother in handcuffs. She is also suing the sheriff's office. Here's the thing though. State investigators looked into this and they ended up charging Mullinax. They charged him with pointing or presenting a weapon. That's because deputies said they saw a shotgun.

At a press conference yesterday, the sheriff there in York County, South Carolina, said that basically if someone pulls a weapon on someone wearing one of our badges, it's not going to end well for them.

Now, attorneys for Mullinax do not dispute the fact that he did have a gun in the truck but they say at no point did he point, present or threaten anybody with it. Boris, they say that this is gross negligence and a failure to de-escalate the situation.

[04:25:00]

Pointing out how quickly all of that happened from the time they arrived, to when those shots were fired. Were talking about less than ten seconds. But again, the deputies, the sheriff, he says his deputies didn't do anything wrong.

SANCHEZ: That is unsettling video to watch. Dianne Gallagher, thank you so much for that update -- Brianna.

KEILAR: Up next, if you think of Italy, you think pasta, right? But now officials in the country are holding a crisis meeting over that favorite dish. We'll tell you why.

(COMMERCIAL BREAK)

KEILAR: In Italy a crisis meeting because pasta is now costing a pretty penny.

[04:30:00]

Pasta prices jumping more than 17 percent and with an estimated 60 percent of Italians eating pasta daily, many are "pastatively" outraged.

SANCHEZ: This is the "fusillious" story.

SCIUTTO: Hey!

SANCHEZ: I have been for the last 30 seconds trying to come up with some kind of pun, and I have got nothing. I've got nothing. I'm sorry, I failed you guys.

KEILAR: Let's sing the gnocchi one.

SANCHEZ: It doesn't rhyme with anything.

KEILAR: I gnocchi believe the prices.

SANCHEZ: I'd re-fusilli to pay.

SCIUTTO: I still at my fusilli from there by the way,

KEILAR: Well, thank you so much for joining us today. "THE LEAD" with Jake Tapper begins right after this.