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Special Counsel Subpoenas Security Footage From Atlanta That Served As Polling Place In 2020; Trump Speaks On The Trail About Potential Third Indictment; Officials: Soldier Willfully Crossed Into N. Korea. Aired 2-2:30p ET

Aired July 19, 2023 - 14:00   ET

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

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BORIS SANCHEZ, CNN ANCHOR: We have new details about that letter telling Donald Trump he's a target in the January 6 investigation. What it signals about the special counsel's probe?

BRIANNA KEILAR, CNN ANCHOR: And happening right now on Capitol Hill. Two IRS whistleblowers testifying about the Hunter Biden investigation. This is a probe that sparked Republican polls to impeach Attorney General Merrick Garland. What we're learning as these two speak to lawmakers?

SANCHEZ: Plus, a country music controversy. Why Jason Aldean's new music video was pulled from CMT? Other stores now speaking out against the message of his song. We're following these major developing stories and many more all coming in right here to CNN NEWS CENTRAL.

SANCHEZ: We're getting a preview of what a potential third indictment of former President Donald Trump could look like. Multiple news outlets including the Wall Street Journal now report that the target letters sent to Trump regarding efforts to overturn the 2020 election cite these three federal statutes. Conspiracy to commit an offense against or defraud the United States, deprivation of rights, and tampering with a witness.

We're also just learning that federal prosecutors in the 2020 election probe have subpoenaed security video from Atlanta's State Farm arena. Remember, it served as a polling place in 2020. And Trump and his campaign targeted election workers stationed at the arena.

With us now to discuss is senior crime and justice reporter Katelyn Polantz. Katelyn, let's start with these new details about Trump's target letter. What can you tell us?

KATELYN POLANTZ, CNN SENIOR CRIME & JUSTICE REPORTER: Well, this target letter Donald Trump is the one announcing that he got it on Sunday and that the date that he had if he wanted to go and testify in his own defense, as would be his right would be Thursday. And that would be before a grand jury in Washington. So, we have been watching this grand jury in Washington working Tuesdays, Thursdays for many, many months now on the special counsel's investigation. And now we're essentially on indictment watch, right? Tomorrow is Thursday. If Donald Trump does not take the Justice Department up on this invitation, if he wants to come in and talk to the grand jury after they've heard all of this evidence apparently against him, he can.

But he very likely will not. He didn't do it in Florida when he got a target letter that was a similar invitation. And so once that date passes, there's a lot of questions of what happens next, how much work is there still to do in this case. It does signal that the Justice Department does feel very comfortable that they're at the end, and that they believe that there may be charges that the grand jury will approve in this.

SANCHEZ: We actually are just getting information from Trump's legal team that they're now trying to figure out what evidence the special counsel has that they may not be aware of, what witnesses they've heard from, and there's new reporting about a key piece of evidence that they have subpoenaed these surveillance tapes from State Farm arena. Tell us about that.

POLANTZ: Yes. So, Boris, every day, we're essentially hearing more and more about what the special counsel's office has collected as evidence in this investigation. The witnesses that they've talked to. And today, the new information out of Atlanta is that the Atlanta State Farm Arena, so the place that was the epicenter of vote counting for Fulton County in Georgia, that that was one of the places that got a subpoena from the special counsel's office in June. Essentially asking them to turn over all of the surveillance tapes you have of the vote counting -- the vote counting there was something that Trump and his team Rudy Giuliani and others, were essentially trying to spread different -- disinformation about saying that the vote counting was fraudulent.

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But that isn't what happened there. And so, the fact that we're not -- just we're just learning now that they are collecting that evidence, and also that the special counsel really reached into all seven battleground states to collect evidence, just gives you this portrait of how robust the amount of material the special counsel's office is working with, as they write out what this indictment may be. And how when they bring this case, it could be quite as large, complex national conspiracy with conspiracy being one of those possible charges.

SANCHEZ: Yes, one piece of an enormous puzzle that the special counsel is now working on putting together. Katelyn Polantz, thanks so much for the details. Brianna?

KEILAR: Let's talk more about this now with National Security Attorney Bradley Moss. He is also a partner in the law office of Mark Zaid. Bradley, so great to have you here.

As the Wall Street Journal is reporting here, the target letter is citing these three statutes that you just heard Katelyn and Boris talk about. Deprivation of rights, conspiracy to defraud, and witness tampering. Is that what you would expect? And is there anything in particular among these that stands out to you?

BRADLEY MOSS, NATIONAL SECURITY ATTORNEY: Yes. This is more or less what a lot of us expected Jack Smith to do because it's the cleanest in terms of types of charges to bring against Donald Trump. It's not getting into issues about seditious conspiracy and insurrection, things that would run -- you know, right up to the line with the First Amendment tied to that speech on January 6, or trying to prove some kind of connection to the Oath Keepers and the Proud Boys. This is clean and direct.

And even just based off the media reporting we have and the information that came out, you know, in those civil cases out in California with John Eastman, we have a pretty clear picture of how Jack Smith will outline the conspiracy to have false electors submit paperwork to obstruct the certification of Joe Biden's victory on January 6. Leading from pretty much December 14 up to January 6, as the -- you know, the main crux of the timeline. This will be a rather narrow but very significant indictment if in fact, there is an indictment issue.

KEILAR: OK. So, if in fact there is because this is the target letter and we are awaiting, of course, a charging decision. Assuming there is one, is this the full scope of what Donald Trump could be charged with? Could you see more in that?

MOSS: Sure. I mean, there's always the possibility for there to be superseding indictments if additional information comes out. But I don't anticipate that with respect to January 6 matters. Unless there's something new some -- you know someone flips and provides testimony that they haven't already provides new documentation.

I think Jack Smith, more or less has the story he needs. He has the evidence he needs. And this target letter in the three statutes that are referenced, they appear to be what he's going to try to bring charges on against the former president. It would be a rather straightforward case except for the fact that there's going to be all kinds of constitutional challenges tied to the fact that Trump was president at the time.

KEILAR: This is a sign that we could see an indictment soon. Do you have a sense of the timeline of when we could see that?

MOSS: Yes. So, as Katelyn was mentioning, there -- you know, the grand jury reconvenes on -- tomorrow on Thursday, I believe. It could, in theory, be as early as tomorrow. It could be Friday.

It may not be till next week, depending on the extent to which the Smith team needs to bring in more witnesses or as -- it needs to make an extensive presentation. We will see. But I think, by and large, you know, what were the middle almost late July at this point, I think more than likely we're going to see it before the end of this month.

KEILAR: Before the end of the month. All right, Bradley Moss, great to have you. Thank you so much. Boris? SANCHEZ: The other big news we're following today. Right now on Capitol Hill, we're watching live the first public testimony from two IRS whistleblowers. They're accusing the Justice Department of interfering with a years-long investigation of Hunter Biden. They say the president's son received preferential treatment before his plea deal last month on two tax-related charges and a gun charge, an agreement that Republicans have dismissed as a sweetheart deal.

CNN's Zachary Cohen joins us now live. He's been watching this very closely. Zach, what are the political stakes of this hearing?

ZACHARY COHEN, CNN NATIONAL SECURITY REPORTER: Yes, Boris. Really, in a few minutes into what is expected to be an hour's long hearing where these witnesses --

SANCHEZ: Six hours, yes.

COHEN: -- six hours -- over six hours where these witnesses are going to feel a lot of questions for both Republicans and Democrats who you know are trying to grapple with this idea that these claims that the Justice Department politicized and gave preferential treatment to Hunter Biden in this investigation. And so far, we've heard these witnesses reiterate what they told lawmakers behind closed doors already that, look from their vantage point at the IRS, the Justice Department's slow-walk this investigation. That they were recommending felony charges on those who did not ultimately get brought. So, we're seeing a lot of the same claims come up.

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But what's -- the Q&A portion of this hearing is going to be interesting because Democrats will get to really press these witnesses on some details, especially -- one core argument that they've made is that listen to what Gary Shapley said in his opening statement. And then what Democrats are going to say after that?

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GARY SHAPELY, IRS WHISTLEBLOWER: I watched United States Attorney Weiss to a room full of senior FBI and IRS senior leaders on October 7, 2022, that he was not the deciding person and whether charges were filed. That was my red line. I'd already seen a pattern of preferential treatment and obstruction.

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COHEN: So, Shapley is claiming that look, this U.S. attorney was hamstrung by the leadership in the Justice Department. That's something the Attorney General Merrick Garland has denied. That's something Weiss himself has denied.

SANCHEZ: Right.

COHEN: But look. Democrats had a different message at the top of this hearing. They said that despite all the allegations about Hunter Biden, Republicans have failed to connect any of those allegations to the president himself. And they've insisted this investigation was one into the president. Listen to what Jamie Raskin, the top Democrat on the homeland -- or on the Oversight Committee said today.

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REP. JAMIE RASKIN (D-MD): One thing you will not hear today is any evidence of wrongdoing by President Joe Biden or his administration. Like every other tried by our colleagues to concoct a scandal about President Biden, this one is a complete and total bust.

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COHEN: So, we're gearing up for about five and a half more hours of Q&A here, Boris. A lot more to come. But already an interesting start.

SANCHEZ: I'm anticipating some fireworks ahead. We know you'll cover it for us. Zach Cohen, thanks so much. Brianna?

KEILAR: With the possibility that former President Trump could be indicted a third time, what are his fellow Republicans saying about it? How some are defending the former president? Next.

And later, how your genetic makeup might affect your health if you contract COVID-19? And a country music controversy why. Singer Jason Aldean's new video has been banned from Country Music Television.

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KEILAR: There are a few American citizens facing the kind of legal threat surrounding former President Trump. But that hasn't stopped his Republican allies from speaking out against the case. It hasn't stopped Trump himself from fundraising off of the special counsel's most recent letter informing him he could soon be indicted a third time.

We have CNN's Jeff Zeleny joining us live in studio. And we have CNN's Melanie Zanona on Capitol Hill for us. So, Mel, Republicans have had 24 hours to wrestle with this news. What are they saying today?

MELANIE ZANONA, CNN CAPITOL HILL CORRESPONDENT: Yes, Bri. Well, Republicans are still rallying around former President Donald Trump without knowing what evidence the special counsel might have. They have largely avoided talking about Trump's behavior on January 6, and are instead of focusing on the optics of the DOJ going after one of Joe Biden's top political opponents.

I am told that speaker Kevin McCarthy and House GOP conference chair Elise Stefanik both spoke to Trump yesterday on the phone to talk about ways that they can help defend him and go on offense against these potential charges. Stefanik serves on a committee focused on the so-called weaponization of the federal government, and she confirmed that she did have a conversation with Donald Trump yesterday. Take a listen.

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REP. ELISE STEFANIK (R-NY): I have spoken with President Trump. I spoke with him yesterday. I speak with President Trump on a weekly basis give or take.

And this is yet another example of the illegal weaponization of the Department of Justice to go after Joe Biden's top political opponent. We will continue to work out the rot in these agencies, the politicization of these agencies.

(END VIDEO CLIP)

ZANONA: And one of the ideas being floated by Republicans is going after the special counsel's budget. Congressman Matt Gaetz, a Florida Republican, a staunch Trump supporter introduced legislation today that defund the special counsel's investigation. Now, a proposal like that would of course be dead on arrival in the Democratic-controlled Senate.

But this is all a familiar messaging playbook for the House GOP, which has stood by Trump through two other indictments earlier this year. However, Bri, we should point out that in the Senate, it is a slightly different story. We have seen a much more muted response from Republicans over there.

Senate Minority Leader Mitch McConnell cut ties with Donald Trump after January 6. He still has not commented on Trump's two indictments so far. And yesterday, he was characteristically silent when asked about the news that Trump is now a criminal target in the January 6 probe, Bri.

KEILAR: Yes. Quite the contrast. Melanie Zanona, live for us on the Hill. You know, Jeff, I wonder what you think about how this timing is going to play out. Tell us exactly that -- no, tell us exactly the day it will start.

But I asked because Aileen Cannon, the judge here. You know she seems sympathetic to Trump's lawyers saying, you know, this sort of mid- December -- this December timeline that the DOJ is talking about that's just too soon. And she seems to agree certainly with that. The question is, is she going to agree with Trump's lawyers that pushing it back indefinitely is OK?

JEFF ZELENY, CNN CHIEF NATIONAL AFFAIRS CORRESPONDENT: We'll see what she decides. But look, there's not much time after December. So, once December happens, the Iowa caucuses open the Republican nominating process on January 15. The New Hampshire primary is probably a week or two. After that, on the South Carolina.

So, the early part of next year, January February, who knows how long the primary will go is going to be very busy. It is kind of hard to imagine that he would have time to sit in a trial during that period. We'll just have to see how this plays out.

Obviously, the Trump team -- he's done this in every legal case he's ever had, tried to delay, delay, delay. But if it's not done by December, it's hard to imagine there being time in the early part of next year. Huge conflicts in terms of time.

But now, one thing is so clear. This campaign now is about his legal case. The politics and the legal arguments sort of are emerging as one.

He says that he is being targeted because he's Joe Biden's opponent. Of course, that has nothing to do with any of this. But that's, of course, why he got in at the very beginning because he wanted to be a candidate because he knew some of these charges were likely coming.

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KEILAR: Yes. And no defense of saying how he should fit in his legal problems because they are his legal problems and he has them on a number of fronts here. But, Jeff, you've covered so many campaigns. I mean, when you think about candidates and how they're struggling to fit in even you know time to sleep or to see their kids or to do normal stuff, the idea of fitting in a trial, or two or three, or four, it's an incredible challenge, right?

ZELENY: It's impossible, really. I mean, the Manhattan case, obviously, the classified documents case, potentially this case, potentially a Georgia case. So the question here is you know there's no time even if you weren't running for president here.

But he is running for president. One thing, we are seeing in the rest of the Republican field, they're really studying how all this is going to impact the race. As of now, things are sort of frozen into place.

But there's one poll that caught my eye yesterday from the University of New Hampshire. It said that Donald Trump has a 37 percent approval in New Hampshire. That sounds pretty good because it's higher than everyone else. But that means six and 10 Republicans are looking for someone else.

So, there are some warning signs here -- some fatigue signs here. But the question also are people fatigued by all these indictments? So, this is the most unusual race we've ever covered? No doubt about it. We have to be patient and see how it plays out because we simply don't know.

KEILAR: Yes. And if any of these judges say you know with all due respect to your political calendar, these things are going to proceed, he's just not going to have that time to try to turn around that 37 percent and we'll see how that will affect him. Jeff Zeleny, thank you so much.

ZELENY: You bet.

KEILAR: Boris?

SANCHEZ: We have new details on the moment he took off. A woman in the same DMZ tour group as the U.S. soldier who crossed into North Korea, describing what happened as he bolted into the Hermit Kingdom. And later, a new development in a nearly 30-year-old murder investigation. Who killed Tupac Shakur? We'll be right back. (COMMERCIAL BREAK)

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SANCHEZ: Take a look at this photo. A tourist took this minutes before an international incident. That is the back of Travis King's head just moments before he ran into North Korea, where it's believed the army private is now detained.

King is believed to be the first U.S. soldier in the so-called hermit kingdom since 1982. An army official says that King was about to be separated from the army before he crossed that line. Officials say he committed several assaults last year and was in detention for 50 days in South Korea as punishment and had just gotten out days before this happened.

CNN's Ivan Watson joins us now live. And, Ivan, a tourist who saw King take off into North Korea is now speaking out about this incident. What are they saying?

IVAN WATSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Yes. This was a guided tour. You can go on a tour near to the demilitarized zone, see the Joint Security Area, look at North Korea, and that's where this young army private was when he ran across the border. Take a listen to what she had to say about that moment. She thought he was trying to make a TikTok video.

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SARAH LESLIE, SAW U.S. SOLDIER RUN INTO NORTH KOREA: I thought this guy doing it for a TikTok stunt or something really, really stupid like that. But he didn't stop. There were South Korean and U.S. soldiers around us.

I heard one of the American soldiers shout, get him. But he was doing so fast and we were so close to the border that he was going by the end. One of the American soldiers said get inside -- you know, run, get inside to all of us so we all ran.

(END VIDEO CLIP)

WATSON: Now, Boris, the Joint Security Area. This used to be a place where the North Korean and South Korean soldiers would be almost face to face looking at each other and kind of posturing. But ever since the COVID pandemic, the North Koreans have withdrawn. In fact, when CNN was in this area last fall, they couldn't see any soldiers really, and that the weeds on the other side of the demarcation zone had kind of grown to waist height.

So, Travis King, he ran across this and was detained at some point. The Pentagon has tried to reach out to the North Korean army. Hasn't heard back. The State Department is talking to South Korean officials -- Swedish officials who represent U.S. interests in Pyongyang to try to find more to learn about him.

We do know that he has only been in the army for about two and a half years and barely two years in, he got into some real trouble. Court documents in South Korea say he assaulted somebody in September, who did not press charges in South Korea. And then again in October and had real altercations with the South Korean police. Was taken into detention, into a police car, and damaged that car.

And we've spoken to the lawyer who represented him who said, you know, he seemed like many other American GIs who get in trouble in South Korea that he then represents. The difference here is that when he was escorted to the airport -- at Incheon Airport and supposed to be put on a flight back to the U.S. to his base, at some point after being released in the security -- through security checkpoints by U.S. personnel, he didn't get on that plane. And then the next day, ended up at the DMZ and made this run to North Korea, Boris.

SANCHEZ: A puzzling story. Ivan Watson, thank you so much for the update. Brianna?

KEILAR: For the second night in a row, Russia has unleashed a barrage of missile and drone strikes on the Ukrainian port city of Odessa.