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Busiest Memorial Day Weekend Since 2005; More Americans Expected to Drive this Weekend; Russian Air Strikes in Dnipro; Indiana Doctor Sanctioned in Rape Victim Case; Door Opens During Flight Over South Korea; Trump Workers Moved Boxes Day Before Search. Aired 9- 9:30a ET

Aired May 26, 2023 - 09:00   ET

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

[09:00:32]

JOHN BERMAN, CNN ANCHOR: The race is on. Run for the holiday weekend. But not before we tell you how jammed the roads and skies are. And new data just released on crowded airports.

KATE BOLDUAN, CNN ANCHOR: A dress rehearsal for obstruction. A new report says Mar-a-Lago employees moved boxes of papers the day before the FBI searched Trump's home for classified documents. And they allegedly held a practice session weeks before. What the FBI is now investigating.

RAHEL SOLOMON, CNN ANCHOR: And the terrifying moments captured on camera after a passenger opens an emergency exit door midflight. The incredible video from inside that plane.

We are following these major developing stories and many more right here on CNN NEWS CENTRAL.

BERMAN: It's 9:00 a.m. Do you know where your holiday weekend is? It is on. Let us be your guide through the fun and frustration and maybe the other "f" words in what looks like could be an historic holiday rush.

This is a live look at Reagan National Airport. Air travel is expected to be up by at least 11 percent, 3.4 million people are set to fly. And brand-new numbers just into CNN, more than 2.6 million passengers went through TSA checkpoints yesterday. That is a post-pandemic high. Besting a record that stood for six full days. That's 250,000 more people than last year. Overall, this could be the third busiest holiday in more than two decades.

CNN's aviation correspondent Pete Muntean braving the crowds at Reagan National Airport.

Pete, what are you seeing this morning?

PETE MUNTEAN, CNN AVIATION CORRESPONDENT: You know, it's a huge test now, John, for the airlines. And the numbers are actually maybe a bit higher than the conservative estimate by the TSA that we would see 10 million people in total screened at airports nationwide between yesterday and Memorial Day on Monday, especially given that big number that you just mentioned, 2.66 million people screened at airports nationwide yesterday.

We have seen numbers Wednesday, Monday, those were actually bigger than the same day back in 2019 before the pandemic. So, now really the number to beat is the 2.88 million person record set back on Thanksgiving 2019. We will see if we get that high.

You know, what is so interesting here is that Memorial Day last year really kicked off this summer of cancellations for the airlines. Between Memorial Day and Labor Day, airlines canceled about 55,000 flights. The TSA insists it's ready this time around. The airports insist they're ready this time around. And airlines insist they're ready this time around with right staff, they've added about 48,000 workers. Also, right size, they're operating fewer flights, using larger airplanes.

And I want you to listen now to passengers who I've talked to who say the meltdowns of last summer still top of mind for them.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I know it can get frustrating, but it doesn't help when people have meltdown and you're trying to get where you're going. And then those delays. Delays have mainly been the hard thing.

UNIDENTIFIED FEMALE: It is absolutely in the back of my mind, but I'm keeping my fingers crossed that I get home without a hitch.

(END VIDEO CLIP)

MUNTEAN: Airlines say that the fear of delays for them is really coming from the federal government because air traffic control operated by the FAA still shot about 3,000 people, down from optimal staffing in the past. You know, what's really interesting here, though, is that it's really brushed off by Transportation Secretary Pete Buttigieg, who insists the top driver of delays is really extreme weather and the FAA is warning that could happen today in Florida and Denver where we could see ground stops later on.

Although so far so good, John. The delays and cancellations pretty low. In the U.S., delays in the hundreds, cancellations still in the dozens. I just heard from somebody who went through this line here at Reagan National Airport. It only took her about 11 minutes to get through pre-check. So, things going pretty smooth so far.

BERMAN: These are my fingers crossed for everyone trying to get somewhere. And I always wonder, Pete, people rushing around, trying to get to their destination, how psyched they are to be pulled aside by a reporter asking them questions about how it's going so far. But you're so kind. I would talk to you.

Great to see you. Keep us posted on how the day goes, Pete.

[09:05:01]

Thank you.

MUNTEAN: Thanks.

SOLOMON: John, I would say it probably -

MUNTEAN: I got recognized today.

SOLOMON: That is nice.

BERMAN: He got recognized today.

SOLOMON: That - he should.

BERMAN: Because he's the mayor of Reagan National Airport.

SOLOMON: As he should. I think it would depend on the reporter.

BERMAN: Yes.

SOLOMON: It depends on which reporter is pulling you aside. But, yes, good to see Pete.

All right, well, it's not just airports that will be busy because according to AAA more than 37 million Americans will hit the roads this Memorial Day weekend. CNN reporter Matt Egan here with the details now.

So, Matt, sounds like a lot. How do those numbers compare to last year?

MATT EGAN, CNN BUSINESS AND ECONOMY REPORTER: Well, happy Friday, Rahel.

Listen, just like the skies, the roads are going to be busy as summer kicks off. AAA says a 6 percent increase in road travel this Memorial Day weekend. But I am here with some good news because despite the rising demand, the cost of road trips is actually going down. Drivers are being greeted by cheaper gas prices this year. Much cheaper. The national average according to AAA is $3.57 a gallon. That is down by more than a dollar from the $4.60 years ago. And that is miles away from the record high last June of $5.02 a gallon. GasBuddy says that drivers in all 50 states are seeing lower gas prices. Some of them a lot lower.

In California the average is down by $1.31, Alaska, $1.30, New York, New Jersey, Florida, all of them down by more than $1.20 from a year ago.

Now, this is all evidence of the cost of living getting better. I mean this inflation crisis isn't quite over, but it is easing. We should note that gas prices were cheaper in 2021 during that Memorial Day weekend. And, of course, in 2020, when Covid was shutting the economy down.

Also the reasons for this drop in gas prices, it's not all positive. Some of it is good news like improved supply. But also it's those recession fears that have lowered oil prices. And oil is the main driver of gas prices. Still, people are going to save a lot of money. GasBuddy projects that

Americans are going to spend $1.6 billion less on gasoline this Memorial Day weekend than last. And, Rahel, that is undeniably good news.

SOLOMON: Certainly. I remember last year, Matt Egan, you and I were both talking about that $5 a gallon gas. So, nice to be in a different place a year later.

Matt Egan, thank you. Have a great weekend.

Kate.

BOLDUAN: A barrage of rockets hit a medical clinic in Dnipro, Ukraine, overnight. The attack, it killed at least two people and hurt 23 others, including two children. Now, video from the scene, and just look at it, shows emergency responders battling the fire that engulfed the three-story building.

CNN's Sam Kiley is in eastern Ukraine with more on this strike.

(BEGIN VIDEOTAPE)

SAM KILEY, CNN SENIOR INTERNATIONAL CORRESPONDENT: Once again a night of bombardment from Russia involving cruise missiles and drones has taken civilian lives, this time in Dnipro. Several missing following this bombardment which hit a neurological clinic.

Now, it could have been a lot worse, potentially, with the attacks in the past have been focused on residential buildings with much higher death tolls, a number of people, more than a dozen reportedly injured in this latest attack as the Ukrainians have been accused of continuing cross-border bombardments from their northern border area into the Russian province of Belgorod. This is a claim being made by the Russian governor there. That would be consistent with the -- in the past in which the Ukrainians are now hitting back at cross-border artillery strikes that they have been suffering for more than a year from that south same area.

And on top of that there has been a mysterious strike, much deeper into Russia with a fire at a facility with neither side really explaining what has gone on there. But the Ukrainians are conducting a destabilizing campaign intended to keep the Russians off balance as they get underway with what may be the early stages of their summer offensive.

Sam Kiley, CNN, in eastern Ukraine.

(END VIDEOTAPE)

COLLINS: Sam Kiley, thank you so much.

John.

BERMAN: So, this morning, the Indiana medical licensing board says it will sanction the doctor who provided abortion services to a 10-year- old rape victim last year. This all happened the day after the Supreme Court overturned Roe v. Wade and ended the federal right to abortion. The Indiana board found that Dr. Caitlin Bernard violated privacy laws by discussing the case with a reporter.

With us now, CNN's Athena Jones.

Athena, why don't you walk us through what happened here.

ATHENA JONES, CNN CORRESPONDENT: Good morning, John.

Well, this is all about an interview that Dr. Caitlin Bernard gave to "The Indy Star," which is the biggest paper in the state. And the state and the attorney general, Todd Rokita, issued a complaint -- filed a complaint saying that she had violated privacy laws.

[09:10:01]

And so this is what this medical licensing board was discussing yesterday.

This was a very long hearing, 14 plus hours. And what they found was that she violated three counts -- or she's liable on three counts of violating patient privacy laws. They fined her $3,000. She'll get a letter of reprimand. But this is important, she will be allowed to continue practicing medicine.

Now, one of the big issues here was - was, did she violate privacy laws. Now under HIPAA, that's the federal law that protects a patient's data, there are 18 so-called examples of protected health information. This doctor told the reporter about this young girl's age, the state she was living in, the fact that she was pregnant and the gestational age of her fetus. Her side argued that none of that is listed under the protected health information that can't be shared. The other side presented a HIPAA expert that argued differently. This is how the board came down in the end.

Listen to one of the doctors on the board explaining why they made the decision they made.

(BEGIN VIDEO CLIP)

DR. JOHN STROBEL, PRESIDENT, INDIANA MEDICAL LICENSING BOARD: My reason to recommend a letter of reprimand would be that I don't think she expected this to go viral. I don't think she expected this attention to be brought to this patient.

I do think that we, as physicians, need to be more careful in this situation. And so my reason would be that I think she's a good doctor.

(END VIDEO CLIP)

JONES: And so just to recap, the state's expert on these privacy laws said that by Dr. Bernard saying that this was a 10-year-old from Ohio who was pregnant, the fetus a little over six weeks in gestational age, that that was enough information to identify this child. So, the state prevailed on that argument. BERMAN: What else are you hearing, Athena?

JONES: Well, we know that Dr. Bernard is not happy with this result. This is the first time she's ever been reprimanded in any way by the state's medical board. And she maintains that she did not violate privacy laws and did not violate her hospital's policies.

Here is what the state attorney general had to say in part. This is from Todd Rokita. He said, this case was about patient privacy and the trust between the doctor and patient that was broken. What if it was your child or your patient or your sibling who was going through a sensitive medical crisis and the doctor who you thought was on your side ran to the press for political reasons. It's not right and the facts we presented today make that clear.

And so a victory for the state in this case. She does get a reprimand. She is allowed to continue practicing. And they did not find her liable on counts like this idea that she didn't report the child abuse in the proper way, in the proper timeframe. So, she won on those points.

But that is the ultimate result of this 14-hour-plus hearing.

John.

BERMAN: Athena Jones, thank you very much for that.

Rahel.

SOLOMON: Coming up on CNN NEWS CENTRAL, imagine being on a flight when someone opens the door midair. This actually happened. And coming up we have the video and the disturbing details.

Plus, a new warning to beachgoers in several East Coast towns, watch out for sharks this weekend. What you need to know before getting in the ocean.

And later, screams and cheers from some new college grads in Boston after a very big surprise. We'll show you what prompted this reaction, coming up.

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[09:17:35]

BOLDUAN: On our radar this hour, Pope Francis has just announced that he's canceling all of his meetings today due to a fever. That's according to the Vatican. No further detail was provided about how the pope is doing right now, but back in March you'll remember the pope was hospitalized for bronchitis. He's 86 years old.

We're also watching this today, an investigation by the U.S. Navy has wrapped and has now found inadequate medical screening and uninformed medical staff contributed to the death of a Navy SEAL candidate. Kyle Mullen died in February of last year hours after he had finished a brutal part of the training course. It's known as "Hell Week." And during the training, he apparently suffered respiratory issues, but that information was not passed on to the Navy's medical staff -- medical clinic, so they concluded that he was not at risk. The Navy says it has now revamped medical oversight during "Hell Week" and is requiring medical screenings every 24 hours.

And then there's also this. It was a big surprise for the graduating seniors at the University of Massachusetts Boston. As diplomas were being handed out yesterday, commencement speaker Rob Hale announced that he was giving each graduate $1,000. It was broken into two envelopes for each person. Hale said that the first $500 was a gift to each student, a celebration that -- for all of them and how they got to this day. And the second $500 he said was for the students to give to someone else, an organization or a cause who could use it more than them.

Rahel.

SOLOMON: OK, this was a big surprise, too, but of a certainly different sort. Check this out. Terrifying moments in the skies above South Korea today. Investigators are looking into how a door on this Asiana Airlines plane opened in the middle of the flight, just as the plane was about to land.

(VIDEO CLIP)

SOLOMON: Incredible. You can see the terrified passengers there gripping their seats in the exit row as wind whipped through the cabin. An official for the airline said that a man in the exit row appeared to open the door while the plane was 700 feet in the area. He was arrested by local officials after the plane handed.

CNN's Paula Hancocks joins us now.

Paula, it sounds like a nightmare. How did this happen?

PAULA HANCOCKS, CNN CORRESPONDENT: Well, Rahel, is really is every traveler's worst nightmare. The way that Asiana says this happened was when they were coming in to land.

[09:20:03]

They were about two or three minutes away from landing on this very short flight. It was less than an hour long. And they were about 700 feet in the air.

Now, they say a man in his 30s, who was sitting in the emergency row, opened the door. And you can see exactly what happened from that video. The strong gusts of wind coming through the air there.

Now, we have heard from aviation experts, they believe that technically it wasn't possible to open the door when the plane is still in the air. So there are many questions as to how this was even able to happen.

Now, we did hear from some passengers who were on board at the time. One woman said that it appeared as how he was trying to get off, saying that she heard the air stewardess shout help, help. And about ten people gathered around and pulled him back in.

Now, the police have arrested this individual. He is being investigated by police and by the government at this point. They say that he has confessed to opening the door but hasn't given any kind of reason for doing so. One policeman who was questioned was saying to journalists that he didn't seem in a very good mental state. They weren't able to speak to him properly. And certainly that will be something that they will be looking into very closely as to why exactly this happened.

Now, there were 200 people on board, passengers and crew, 12 of them were treated for hyperventilation, nine of them within a hospital. But all the injuries were minor according to officials.

Now, it was an Airbus plane. We've just had a statement from Airbus saying, quote, we are looking into circumstances of this incident. Aircraft doors can usually only be opened upon touchdown. So, it is a terrifying end to a very short flight for these passengers and some very important questions waiting to be answered.

Rahel.

SOLOMON: Certainly important questions.

Paula Hancocks, thank you.

And, John, I guess as good a reminder as any to always keep your seat belt on.

BERMAN: Totally scary stuff there.

So new reporting this morning from "The Washington Post" that two of Donald Trump's employees moved boxes of documents at Mar-a-Lago last June just one day before FBI agents arrived to get classified records in response to a subpoena. Investigators reportedly view the timing as an indication of possible obstruction, at least that's what they're investigating. "The Post" is also reporting that Trump and his aides allegedly carried out what investigators referred to as a dress rehearsal for moving sensitive papers before he received that May subpoena.

With us now is Katie Cherkasky, a former federal prosecutor and criminal defense attorney.

If we could put the calendar up so people can see what we're talking about here, the visit from the investigators and prosecutors to pick up the classified documents, to serve the subpoena, which I think you'll be able to see on a calendar here, was June 3rd. The day before that, on June 2nd, is when these documents were moved. Why is that significant according to "The Washington Post," I should say?

KATIE CHERKASKY, FORMER FEDERAL PROSECUTOR: Well, sure, this is an obstruction investigation and I think the bigger question here is really the status of these documents, but barring the fact that there may be an open question about the classification status, and that's something that ultimately the Supreme Court is going to have to weigh in on.

This is an obstruction investigation when there is a known investigation that's going on by the feds. If people take actions to interfere with that in any way, like moving documents that they know that the feds are seeking, then that is very strong evidence that there could be obstruction charges coming. Whether that's for Donald Trump himself or for other people who are involved with that.

But, again, this is a very complicated area because it was a former president that had these documents and, therefore, the status of them remains a very open question at this point, legally speaking.

BERMAN: That -- the status of them does remain a separate question, but that might be an important question but it might be a separate question here. When you're talking about moving -- if you know that people are coming to serve a subpoena, or execute, I should say, a subpoena on one day and then you move stuff the day before, that could be problematic because?

CHERKASKY: Sure. And that absolutely could be the basis of an obstruction prosecution. I think when we're talking about the fed seeking documents, you're still going to get to the underlying question about the validity of their search and whether there was basis for them to seek those records. But here, because there was obviously the open question about the status of them, I think that that's absolutely a very strong basis for an obstruction prosecution, maybe even regardless of the status of those documents. So --

BERMAN: That's my point because I do know it's rare to prosecute on obstruction if there is no what is called other underlying crime, but in a vacuum you can, correct?

CHERKASKY: You absolutely can, it's just a matter of proving intent in some cases. And so when you don't have the proof of, quote/unquote, an underlying crime, then often you're going to lack some of the intent that you're going to need to show that the obstruction was a criminal act. So, when you're talking about proof beyond a reasonable doubt, these are the kind of considerations that the prosecutors have to look at.

So, here, the only way to get these answers is for files -- or charges to be filed and for the case to be looked at, probably ultimately by the Supreme Court because we're talking about a former president.

[09:25:05]

So, yes, absolutely you can prosecute, but there's questions about the provability of the intent in some of those cases.

BERMAN: Talk to me more about intent here and how you would prove intent if you are the special counsel's office.

CHERKASKY: Well, when you're talking about intent, you have to show that there's an intent to commit a criminal act, not an intent --

BERMAN: Or that you know that what you're doing is a criminal act, correct?

CHERKASKY: Sure, that you know what you're doing is a criminal act and that what you're doing is to further that criminal act. So, people can take actions that may seem similar, but when we're talking about proving intent in a criminal court, that's really the nuanced part of the case that really has to be looked at because people can move boxes but if there's a clear claim to, I own these documents, the federal government can't just come in my house, execute a search warrant because they think they might find something on me, I'm allowed to do that. But if there's a question about whether my actions are within the realm of law or not, that's where you're going to have those differentiations.

So, it's a very difficult case on a prosecutorial side when you don't have proof -- clear proof of an underlying crime, but it's certainly not an impossible case. And here, because we're talking about a former president, again, I know I keep saying that, but that is nothing that the Supreme Court has ever weighed in on in terms of the classification status of documents kept by a former president because there is no specific process in place. And I know that that's something that people have kind of disputed. But, really, there's been no court that's weighed in on it. So, we just don't know what that will look like when it all plays out.

BERMAN: Katie Cherkasky, great to have you here. Thank you very much.

CHERKASKY: Thank you.

BERMAN: Kate.

BOLDUAN: Coming up on CNN NEWS CENTRAL, police in Italy uncover a treasure trove, really, of ancient artifacts, like coins dating back to fourth century BC. A massive operation ending with more than 20 people under arrest. Authorities describing it all as having inestimable (ph) value. We have details ahead.

And under pressure. White House and Capitol Hill negotiators still at it, trying to figure out how to get to yes and fulfill their obligation to raise the debt ceiling and pay the country's bills. The latest public statements and the real work going on behind the scenes, that's coming up.

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