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In a Letter, Trump is Informed He is a Target of Jan. 6 Investigation; Interview with the Southern District of Florida Former Assistant U.S. Attorney, Former Federal and State Prosecutor, and Jones Walker Partner David Weinstein; Official: U.S. Soldier Who Crossed into North Korea Not in Uniform. Aired 10:30-11a ET

Aired July 18, 2023 - 10:30   ET

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

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[10:30:00]

SARA SIDNER, CNN NEWS CENTRAL CO-ANCHOR: More now on our breaking news. Former President Donald Trump has received a target letter. We have two sources confirming it, and he, himself, has now put that out on social media, that is coming from Jack Smith's investigation into efforts that he overturned the 2020 election. So, he has received this letter, and that means that he has to respond to it, potentially, he said in four days, he's supposed to go before the grand jury but --

JOHN BERMAN, CNN NEWS CENTRAL CO-ANCHOR: Well, he has the opportunity to go before the --

SIDNER: -- he probably will not.

BERMAN: Yes. Almost never did they show up. Look, this means that he is a target in the January 6th investigation. This is a huge development. Donald Trump, himself said, that most often when someone receives a target letter, they are often, if not usually, charged with a crime.

KATE BOLDUAN, CNN NEWS CENTRAL CO-ANCHOR: Let's get back over to CNN's Katelyn Polantz. She's been working her sources on this as we are learning more about it. Katelyn, what are you hearing?

KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE REPORTER: Kate, what this indicates with Donald Trump now saying publicly that he has received a target letter and that he's invited to the grand jury to testify in Washington, it indicates that this investigation is in its final throes. We have been getting a lot of intelligence on that for some time now. We've put out several stories about all of the aspects of this various investigation, legs about looking into the fake electors, looking into pressure at the Justice Department, looking into what Donald Trump was doing and what his campaign was doing in battleground states, looking into the pressure around Mike Pence on January 6th, itself, and as well as financial aspects.

There are so many pieces of this investigation that had appeared to be coming together, wrapping up with the special counsel's office, nailing down testimony from some of the most sought-after people inside of the White House, the Chief of Staff Mark Meadows, the Vice President Mike Pence. All of them being asked questions about Donald Trump himself and their interactions with him.

And so now, what we have is the most assured indication that we have had so far that the Justice Department is looking at charging the former president of the United States with what he was doing at the end of his presidency to hold on to power and potentially block the transfer of power to the rightful winner of the 2020 election Joe Biden.

And so, that is now out there because Trump is saying, himself, he received this target letter on Sunday, that he was being given four days to potentially come into the grand jury and testify. He did not go into the grand jury and testify in the Southern District of Florida when he got a similar target letter in the case related to his retention of national secrets after the presidency. And he was indeed charged with a crime there. And so now, Kate, we wait to see what happens in these coming days. What will this grand jury do? And we do know they are meeting today. They continue to work with the prosecutors from the special counsel's office.

BOLDUAN: All right. Katelyn, thank you so much.

BERMAN: Let's go to Florida. CNN's Paula Reid is there. Paula, obviously all of this developing over the last several minutes. You've been working your sources. What are you hearing?

PAULA REID, CNN SENIOR LEGAL AFFAIRS CORRESPONDENT: Well, we know that in just a few hours, Former President Trump's legal team will come here to federal court in Florida for a hearing on the other criminal case where he has been charged with the mishandling of classified materials. We are looking out for his lawyers. Of course, we have a lot of questions for that.

[10:35:00]

We want to know if the former president will take up the opportunity to go before the grand jury, he declined to do that when he received a target letter. In this investigation, it is not expected that he would do that. We also want to know if they're going to have another meeting with the Justice Department. You may remember that the former president's lawyers met with officials at the Justice Department shortly before former president was charged in this case.

Now, what we expect to happen today, it's interesting, it's all part of the legal strategy that will likely expand to any potential charges in the January 6th probe. Today is the first time that lawyers for both sides, both the special counsel and Former President Trump will appear before Judge Aileen Cannon. She's the judge that's going to oversee this case through a possible trial. And she told the parties to come ready to discuss a trial date, and that's significant because they would likely face similar questions in any potential prosecution related to January 6th.

Special counsel has said they want a, "Speedy trial here". They'll be ready to go in December. But Trump's lawyers have said, it's premature to even put a date on the calendar. They want to push any possible criminal trial until after the 2024 election. And we would expect, if the former president is charged in January 6th up in Washington, that they would follow a similar strategy.

Now, another possible issue for the former president with the January 6th case is going to be finding lawyers. He's had a tough time down here in Florida finding defense attorneys willing to join his legal team, and that is likely a problem he would also face if there are additional charges brought in Washington. Over the past several years, even when he was in the White House, he was having difficulty finding high profile and experienced defense attorneys willing to take him on as a client. He's run into the same thing down here in Florida.

The reasons? Well, some lawyers tell us, they're concerned about getting paid. And other say, there is potentially a political cost. The possibility of alienating other clients by taking him on. So, we are looking out for his legal team. They are expected here in the coming hours. A lot of questions for them, and then, of course, a lot of questions about what happens if the former president is charged criminally again.

BERMAN: Paula, you touched on this. But is the legal team in Florida the same group or is there overlap with the people who are dealing with the January 6th investigation or will deal with that?

REID: Look, it is an amorphous group of people who, kind of, shift and moved into spaces whoever the former president needs legal counsel. One of the biggest problems here is that the former president recently lost three of the key lawyers who were representing him in most of the special counsel matters. They have all departed his team over the past month or so. So, right now, he is represented by Chris Kise, the Former Florida Solicitor General. Also, Todd Blanche. His other people who are actively working as part of his legal defense on the variety of different legal issues that he is facing.

But if he was to be charged in Washington, D.C., with another criminal case on January 6th, he would likely need a new lawyer whose sole job would be focusing on that prosecution. Someone with expertise in that area. Someone who is, of course, licensed. So, it's really just not clear what the division of labor would be across the lawyers he already has and lawyers who would at least try to bring on to help him.

He's clearly facing, I mean, multiple ongoing criminal investigations. In the State of New York, right, he's been charged there criminally in the hush money probe. He's been charged federally by the special counsel for allegedly mishandling classified documents. He's looking at possible charges in Georgia. And now, likely charges -- federal charges in Washington, D.C. So, suffice it to say he's going to needs more lawyers.

BERMAN: All right. Paula Reid, that is the safest bit of reporting --

BOLDUAN: In summary.

BERMAN: -- any of us can possibly make -- BOLDUAN: In summary.

BERMAN: -- today. Thank you very much for that. We'll come back to you again in just a moment.

SIDNER: And this is on par with what Donald Trump generally does. He tells people before the special counsel gives a chance to do so, and then he attacks. And I just want to read what he put out on his social media site. He said, wow. On Sunday night, while I was with my family having just arrived from the turning point event in Florida where I won the straw poll against all other Republican candidates.

And he goes on to talk about that. But then he says, I received horrifying news. And he goes after Jack Smith. Deranged Jack Smith, the prosecutor with Joe Biden's DOJ sent a letter stating that I am a target of the January 6th grand jury.

So, he is on the attack. I wanted to bring in David Weinstein, Former Assistant U.S. Attorney of the Southern District of Florida. Why do you think that we are hearing this right now from Former President Trump? Is he trying to get a jump on this or trying to distract us from something else?

DAVID WEINSTEIN, FORMER ASSISTANT U.S. ATTORNEY, SOUTHERN DISTRICT OF FLORID, FORMER FEDERAL AND STATE PROSECUTOR, AND PARTNER, JONES WALKER: He's trying to shift the focus. This afternoon was going to be about, is your trial team ready to go to trial? When, realistically, are you going to be ready to go to trial? Please answer all these questions that the government has raised. And he's done what he often does, he's distracting from the issue at hand.

[10:40:00]

That hearing is still going to take place. They're going to use this as additional fuel to say, well, now, we potentially need to get ready for a grand jury appearance, if he decides to go which I doubt he will. And then, we'll need to bring more lawyers, and we have another case to look at. And Judge, this is just another reason why you should postpone our case.

So, he's trying to get ahead of thing and trying to distract from the real issue at hand, which is, are you going to be ready to go to trial in Florida in the case that's already been indicted? And that's why, I think, he's gone ahead and made this public announcement right now.

SIDNER: In a couple of hours or so, just over that, Judge Cannon is going to make some decisions, we expect, in this case as to the timing of the classified documents case. Will any of those arguments that now he's got to deal with this potentially coming down the pike? Will those work?

WEINSTEIN: I don't think that they will. I mean, quite frankly, each judge controls their own calendar. And so, the arguments that they need to make to this judge is, what is it we need to do in order to get ready for this trial? Look, judges have busy calendars, lawyers have busy calendars, both prosecutors and defense attorneys. And when we appear in front of a judge, the judge is not concerned about what's going on outside of their district. They want to know, what are you doing to get ready for this case here. So, I think that she will put the focus on that, and not allow it to get distracted by what potentially could be another indictment in another district that has not happened yet.

SIDNER: David Weinstein, thank you so much for that analysis.

BOLDUAN: David, thank you so much for that.

Let me bring in Abby Phillip on something that David was just talking with Sara. There's the legal aspect that David's presenting of trying to distract from the proceedings that are happening today and why Donald Trump might be motivated to announce that he's received a target letter on the other investigation. There -- is there a political strategy to this as well?

ABBY PHILLIP, CNN ANCHOR AND SENIOR POLITICAL CORRESPONDENT: Always with these things, there are multiple motivations going into it, especially when you're talking about Donald Trump. I mean, first thing's first, I mean, he says he received this target letter on Sunday night, it's now Tuesday, and that means that he made a decision to make that pronouncement today. Some of it, I think, has to do with Trump's genuine anger about this.

I mean, he uses his "Truth Social" platform in the same way that he used Twitter just to vent. And he said before, he does not want to be indicted. He has told people that he's gone his entire adult life without being indicted until now. Now, he has faced two indictments and is possibly facing a third. So, that is real. But I think it allows him, in his view, to get ahead of the narrative. To really shape how this is talked about in the media and how it's talked about among Republican voters.

The -- when he was last indicted, Trump benefited from a huge fundraising boost. He benefitted from basically wall-to-wall coverage of his own making before the special counsel had an opportunity to put out a statement. And that's, I think, what part of the strategy here is, is to just get ahead of this, set the narrative, set the tone, especially among Republican voters.

Trump is really focused right now on getting through this Republican primary. And doing so really, by any means necessary, including really swarming the zone even with bad news about the potential that he could be charged yet again in another case.

BOLDUAN: So interesting. It's great to have you, Abby. Thank you for jumping on and bringing us through the breaking news. We're going to have much more on this ahead.

BERMAN: Yes. Look, Donald Trump has received a target letter saying, he is a target -- A target in the investigation of January 6th, that is a huge story. We're trying to figure out if anyone else has received a target letter. We're trying to find out what we can from the investigator's side. They, of course, are very tight lipped.

BOLDUAN: Right.

BERMAN: So much more on that in the coming minutes.

There's also breaking news out of the Korean Peninsula. A U.S. national, a U.S. soldier is in custody now in North Korea after crossing the border. We're getting new information on that. Stick with us.

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[10:45:00]

BOLDUAN: Welcome back to "CNN News Central." We are continuing to follow more breaking news. This, out of the Korean Peninsula. In the very latest details that are coming in, an American soldier detained in North Korea now. A U.S. official tells CNN that he was taken into custody after he crossed the military demarcation line. And some of the new detail coming in is that he appeared to do so voluntarily.

BERMAN: Yes, that is important. Now, U.S. officials say he's an enlisted soldier who was not in uniform at the time and was touring the area as a civilian.

SIDNER: CNN's Marc Stewart and Kylie Atwood are joining us now. Marc, I'm going to go to you first. You've been to the DMZ, I mean, is it -- we're hearing that this was voluntary. In other words, you can't just crossover without really knowing where you are. It can't be an accident, correct?

MARC STEWART, CNN INTERNATIONAL CORRESPONDENT: Right, Sara. This is very well delineated area. There's no question where these territorial lines are drawn. And I think that's why we keep asking exactly, where did this soldier make entry?

[10:50:00]

Also, I should point out, that outside this joint security area, where we believe this entry took place, it's a very wooded area, there's a scenic overlook almost, you can look clearly into North Korea. There's no question what is south, what is north. I mean, it's very well established.

Also, this is a part of the world that really is governed by rules and regulations. For example, there is actually a phone line that the United Nations can use to call directly into North Korea. We do not know if that was used here. It's a question we are asking, but that is -- that's something that has been established because of the sensitivity of this area.

In addition, this maybe a bit surprising to people, but the guards there are not armed. They haven't been armed since 2018, part of an agreement with Korea. And in addition, if someone were to, perhaps, cross into North Korea, these United Nations forces, which are often American soldiers, they are restricted as to what they can do. They can't necessarily go in and try to bring something back. That protocol is firmly established. Just to -- I'm bringing all this up just to, you know, to show you the gravity and the weight of this particular area. This geographical spot in the world.

BERMAN: Marc, standby, if you will, for a moment. I want to go to state department, CNN's Kylie Atwood is there. Kylie, you've been working your sources trying to find out what you can from official channels. What are you hearing?

KYLIE ATWOOD, CNN NATIONAL SECURITY CORRESPONDENT: Well, listen, I wanted to bring viewers up to speed in terms of how we even found out about this. It was this morning, it was a tweet by the U.N. Command, which is essentially in charge of the stabilization of this area between North Korea and South Korea.

And we can read that tweet to you that alerted all of us to the situation unfolding right now saying, a U.S. national on a JSA Orientation Tour, that's a Joint Security Area Orientation Tour, without authorization, that's a key, crossed into the demarcation line into the Democratic People's Republic of Korea. We believe he is currently in DPRK custody and are working with our KPA partners to resolve this incident.

Very clear that the United States is now engaged in this effort. Behind the scenes, U.S. officials working closely with their South Korean counterparts, of course, that is a close ally of the United States. And we're learning bits and pieces about what happened here. We have learned from the colleagues at the Pentagon that as you were saying, this is a soldier who is enlisted in the U.S. forces South Korea. We should note that there are about 28,000 U.S. soldiers who are based in South Korea.

But he wasn't in uniform when he -- when this occurred. He was out of uniform. He was on this tour of this area that Marc just described to you. And we should note that, you know, this area is shown off to people as an effort to try and demonstrate what kind of control and what kind of stability there is, even though there's tense relations between North and South Korea. The point of the tour is just to show people that they have a capability to maintain what is a peaceful outcome at this moment in time.

Now, the backdrop to all of this, guys, as you know is the Biden administration has not had regular back and forth communication with North Korea throughout its two and a half years in office. The Biden administration has reached out to North Korea on multiple instances to try and engage. Said that there wouldn't have to be preconditions for those conversations. But North Korea has not substantively engaged.

So, now, what we're trying to find out is exactly how the United States is in touch with North Koreans, potentially through the South Koreans, through their Chinese counterparts, as they try and resolve what is a really dramatic incident that has occurred. And we are trying to learn more about, you know, how this all went down.

BOLDUAN: Absolutely. Marc, let me bring you back in. When we're talking about, kind of, the process of entering North Korea, talk us through what that process is like. Again, as we continue to try to learn more information of what has happened and what happens now here. STEWART: Sure. I actually went to North Korea in 2008 with a group of American journalists. And this is something that requires prior permission and there is a whole process that has to take place. I entered North Korea through an area known as Kaesong, at the time, it was an industrial complex, not in the same location of the demilitarized zone JSA that we're talking about now.

But I remember, we had to go to a bus station. We had to leave a lot of our personal belongings behind, including newspapers that had news coverage from the west. We took a bus. We were at government monitors the entire time. And there were restrictions about pictures we could take, about people that we could talk to, some of the North Koreans that we came into contact with.

[10:55:00]

In fact, I remember going on bus, and they asked us not to take pictures or even look outside the windows, because there was so much sensitivity to this. But this is a very rare opportunity for me. My colleague, Will Ripley, has been able to travel several times to North Korea. But this is not something that is available for the public at large.

B BOLDUAN: Marc Stewart, Kylie Atwood, thank you both. We're going to continue following this breaking story out of the Korean Peninsula.

And we also have much more coming up on our top story this morning. We have learned that Donald Trump is a target of Special Counsel Jack Smith's investigation into January 6th and efforts to overturn the election. The very latest details and reaction, straight ahead.

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