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Trump Classified Documents Trial Set for May 2024; Legendary Singer Tony Bennett Dead at 96; Russian Missiles Strike Grain Warehouses in Odessa. Aired 10-10:30a ET

Aired July 21, 2023 - 10:00   ET

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

RAHEL SOLOMON, CNN ANCHOR: Third indictment looms over him when a federal judge says that jury selection will begin.

[10:00:04]

KATE BOLDUAN, CNN ANCHOR: Russia attacking the world's food supply, forces striking Ukraine's food grain warehouses again overnight, as U.S. officials confirm that Ukraine is now using the cluster munitions and the new warning from the CIA director, potential false flag operations by Russia in the Black Sea.

SOLOMON: A master musician with an unparalleled career spanning more than 70 years. Music fans everywhere mourning the loss of Tony Bennett this morning. We look back on his legacy and his life, that and major developing stories all coming in right here to CNN News Central.

And we begin this hour with major breaking news in the classified documents case against Donald Trump. A trial date has now been set. The stage now set for federal court appearances as he runs for the White House.

CNN's Senior Legal Affairs Correspondent Paula Reid joins us now. So, Paula, this is certainly not the trial date that the special counsel's office was hoping. What more can you tell us?

PAULA REID, CNN SENIOR LEGAL AFFAIRS CORRESPONDENT: Well, at least it is a trial date, because defense attorneys had argued that it was too soon to even put a date on the calendar.

Rahel, the central tension in the case right now, the central conflict between the defense attorneys and prosecutors is over the timing. Prosecutors, including Jack Smith, have said that they want a, quote, speedy trial, which is why they wanted to take this case before a jury in December. But the defense attorneys argued in court Tuesday before this same judge that it would be, quote, unfair to put the former president on trial at any time before the 2024 election.

So, here, the judge split the difference. She put a trial date on the calendar for the middle of May 2024. She also offered a very detailed schedule for when things need to happen. There is a lot going on in this case. It is complex. It deals with a lot of classified discovery and there's a lot of discovery overall. Now, former President Trump's lawyers have also noted how they have several other cases that they are working on. So, she set out a detailed schedule for when she wants everything to happen. But it is possible, highly likely even, that this date could slide. Because when we were in court Tuesday, the judge was pressing the defense attorneys to give her more guidance, help her to understand how long it was going to take them to go through some of the discovery. They have hours and hours and hours of surveillance footage. And they have tens of hundreds of thousands of documents to go through, and they said that they wouldn't even be able to give her the guidance until November.

So, we would not be surprised to see in a few months the defense attorneys try to push it back, and that's really the strategy for them, right? Get a little delay here, and another little delay there, try to push this so far into 2024 that they might be able to successfully make an argument that the former president cannot be put on trial so close to an election.

But, Rahel, when we were in court Tuesday, this judge, she was not interested in any arguments from either side about Trump's status as a candidate. Prosecutors said, look, it does not matter if he is a candidate. He's no longer the president. He should be treated like any other busy American. Defense attorneys really took issue with that. She basically, said, I don't want to hear it. I am focused on how long it is going to take you to do the work to get to trial.

So, we will be watching to see if it sticks. But I think in November, when those lawyers have a better sense of how long it is going to take them to prepare for trial, we could see them push for at least one more delay.

SOLOMON: It will be really fascinating to watch, because any delay gets us closer and closer, of course, to November, the election. Paula Reid, great to have you.

And, Kate, she made the point that she should have split the difference between what the special counsel wanted and what Trump's team had been hoping for. She may have split the difference in terms of the calendar. But it is right smack dab in the middle of the political calendar. So, a lot to watch here.

BOLDUAN: And they may be now having to work on scheduling, more scheduling issues if we're looking at a third indictment that could be coming.

Let's talk more about the indictment watch, the target letter that Donald Trump received regarding January 6th and his efforts to overturn the 2020 election results.

Joining us right now is former Federal Prosecutor Tim Heaphy. He was the chief investigative counsel for January 6th congressional committee. It is great to talk to you again, Tim.

One thing that we noticed while everyone is waiting and anticipating that a third indictment is coming for Donald Trump, no one has yet, at least publicly, said that they have received that we know of, no one else has received a target letter.

[10:05:00]

But you do need someone else to be involved when you have a conspiracy charge that he could be facing, if that is the charge coming to Donald Trump. Who do you think from your work and all of the hours of investigative time that you spent on this, who do you think would be the possible co-conspirators here?

TIMOTHY HEAPHY, FORMER FEDERAL PROSECUTOR: Yes. Well, the select committee actually made a criminal referral not just of former President Trump but also of Rudy Giuliani, of John Eastman, of Ken Chesboro and of Mark Meadows. There are certainly plenty of people, Kate, who were directly involved in what we found was an intentional multipart plan to obstruct the joint session and prevent the transfer of power. So, there are any number of people that could be included conspiracy.

So, one of the challenge for Jack Smith is how broad to charge a conspiracy beyond the leader of that conspiracy, the former president.

BOLDUAN: You mentioned Mark Meadows. Do you think someone necessarily had to turn on Trump with regards to cooperate with the special counsel in order for the counsel to get to this point? I mean, Mark Meadows is, I would say -- just take for one example, do you, in your experience, think that he is inclined to be cooperate with the Justice Department?

HEAPHY: Yes, really, hard to say. We had a little bit of a dance with Mr. Meadows where we invited him to come and provide information to the select committee. He gave us really important information in the form of his text messages all the way from before the election post- January 6th. But then he would not come in for an interview. I mean, we actually referred him to the Department of Justice for potential criminal prosecution.

The special counsel has leverage. The special counsel has the ability to bring criminal charges and use the looming prospect of charges as leverage to get people to cooperate. That's what prosecutors do in all kinds of cases.

I am not sure, Kate, whether that has happened in this matter, and Mr. Meadows has assessed his culpability and provided information to the special counsel that he wouldn't provide to the select committee. But if so, that would be huge, because he was right in the center of all of those prongs of this multi-pronged plan to disrupt the transfer of power.

BOLDUAN: We know that the special counsel -- the grand jury heard testimony yesterday from a Trump aide, Will Russell. Did you all speak with Will Russell as part of your investigation?

HEAPHY: We did not speak to Russell. We heard a lot about him, but we actually did not speak to Will Russell. He was a body man. He was the guy that carried Tic-Tacs and the comb and the Diet Cokes around for the president, who was sort of one of several aides that was around him. So, he would have been in a position to hear conversations, was in the room when things happened. And that's why the special counsel is interested in him.

He's apparently been before the grand jury several times and there's some reporting about privilege assertions. So, I am not sure exactly where he stands, but not surprising to me that he would be someone the special counsel would want to talk to.

BOLDUAN: Tim Heaphy, Tim, it would be great to have you on always and to continue to come on when this potential indictment comes down, because no one knows the ins and outs of an investigation around January 6th better than you the lead investigator in this for the select committee in Congress. Thanks, Tim. Rahel?

SOLOMON: All right, Kate. Also this morning, one of the greatest American crooners of all time, Tony Bennett, has died at the age 96. His iconic voice transcended generations. He was beloved for his early hits, including, I Left My Heart in San Francisco, which debuts 61 years ago, his Grammy-winning career lasting well into his 90s as he performed alongside Lady Gaga.

CNN's Chloe Melas joins us now. And, Chloe, you've met Tony. You've interviewed Tony. I mean, talk to us a little bit about his life and just really what was a legendary career.

CHLOE MELAS, CNN ENTERTAINMENT REPORTER: I mean, this was a man that loved making music, performing and he loved his fans. And if you ever had the beautiful opportunity to see Tony Bennett perform, it is a bucket list moment.

I spoke to him when he turned 90 years old. I interviewed him for CNN at the rainbow room, an iconic venue for iconic legend. And I said at the time, I said, how does it feel to turn 90, and he said, I feel 35 years old.

[10:10:00]

And he said life goes fast. But he said that the audience has always made me feel accepted. I have been sold out throughout my whole life performing throughout the world. It's a great gift, and I'm very honored to have had a great life entertaining people.

He also told me how much he loved his wife, Susan, that he only had eyes for her. She was by his bedside when he passed, Rahel. And he is survived by several children. He is survived by nine grandchildren.

And you mentioned Lady Gaga. They had such a beautiful chemistry together and they put out two albums. They toured together.

I want to read you a little bit of what Lady Gaga said when Tony's Alzheimer's diagnosis was made public. She said that she has sung with Tony for over a decade and it's heartbreaking to watch what he's going through with Alzheimer's. She said, I love his family with all my heart. I love his wife, Susan, with all my heart. I can't tell you how much I've learned from him and what it's like to sing with a legend for so many years. And the tributes are pouring in, and we'll definitely be telling you all about those later today. But we've lost a legend, but he had a remarkable life, Rahel.

SOLOMON: Absolutely. And I'm sure those tributes will continue to pour in certainly today and in the days and weeks to come.

Chloe, I want to play for you a snippet. Our colleague, Anderson Cooper, spoke to Tony Bennett, interviewed him for his 60 Minutes piece a few years ago, and then we'll talk about it on the other side. Take a listen.

(BEGIN VIDEOTAPE)

ANDERSON COOPER, CNN ANCHOR: He wanted to get back to work and he wanted to go on stage with his doctor's blessing and his family's help. They booked two nights at Radio City with Lady Gaga and Tony Bennett.

UNIDENTIFIED FEMALE: Here's Anderson Cooper.

COOPER: Hey, Tony. How you doing? Nice to see you.

Tony has a hard time holding a conversation. His Alzheimer's has really progressed.

How did you feel about the concert the other night?

TONY BENNETT, SINGER: I don't know what you mean?

COOPER: I saw you at Radio City. You did a great job.

BENNETT: Well, thank you very much.

COOPER: So, you have to kind of adjust to that and realize that Tony is not going to be able to tell his own story in his own words.

It's obviously incredibly poignant to hear Tony Bennett, a man who is in likely one of the final chapters of his life, talking about spring and staying youthful.

(END VIDEOTAPE)

SOLOMON: Yes. And so, Chloe, when you watch that, I mean, what more comes to mind? What more can you share with us about his life?

MELAS: So, he won his 20th Grammy Award for the album that he did with Lady Gaga called Love for Sale that was released in 2021.

And I think that when you hear him in the interview with Anderson, it just reminds you of the private battle that he had behind the scenes. Because when he would get on the stage and he would perform, he would somehow get up there and he wouldn't skip a beat, right? But behind the scenes, obviously, not being able to remember simple things, like he did the other day or his name or who he was speaking with, and that just goes to show you just what he was dealing with Alzheimer's. And his family and his wife have been very public with his struggle and hopes to help as many people as they can with Tony's struggle with the disease.

SOLOMON: Yes. Chloe Melas, great to have you. Thank you. Kate?

BOLDUAN: Coming up for us, Russia unleashes a devastating round of airstrikes on Southern Ukraine, hitting Odessa again and threatening now the world's food supply. The new warning from the CIA that Russia could also soon turn to false flag operations in the Black Sea. That's ahead.

Plus, the White House announcing new moves to address the growing concerns and dangers of artificial intelligence. Commerce Secretary Gina Raimondo, she's going to join us with the new pledge coming in from big tech.

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[10:15:00]

BOLDUAN: Early this morning, Russia launched seven missiles at the southern port city of Odessa, hitting what Ukraine calls an important infrastructure facility. It was the fourth straight night of relentless Russian bombardment.

This onslaught has devastated grain warehouses, destroying 60,000 tons of grain so far, which is important not just for Ukraine but for the world's food supply.

Ukrainian military says these strikes are undoubtedly related to the grain deal, which Russia withdrew from earlier this week on Monday.

And also now, the CIA is warning Russia is preparing a potential false flag operation in the Black Sea, possibly targeting civilian ships and then blaming it on Ukraine. Russia's response, not surprisingly, calling this pure fabrication.

Natasha Bertrand is standing by at Pentagon for us. Alex Marquardt is on the ground in Ukraine.

Alex, first to you. You and your team were in Odessa, as you faced and experienced this night after night of bombardment. What does this devastation left behind now mean?

ALEX MARQUARDT, CNN SENIOR NATIONAL SECURITY CORRESPONDENT: Well, it certainly means that food prices could go up. They have gone up. We've seen that already that food supply could go down. That impacts not just Ukraine and its economy and its ability to export, but really does impact so much of the world, so much of the world that it's hungry that depends on Ukraine for grain and other types of food that it does export.

[10:20:00]

This is why it is called the world's bread basket. Kate, we were up all night. We were in Odessa waiting to see whether there would be a fourth night of these intense strikes. They came just after dawn and throughout the course of the morning, seven different types of cruise missiles, seven missiles, rather, different types being used against these food storage facilities.

Russia claims that it is hitting military facilities, fuel facilities, that it is hitting Odessa and the surrounding region because that, they say, is where those sea drones were launched against its Kerch Bridge earlier in the week. But it is clear, Kate, that they are hitting so much beyond that, civilian infrastructure, civilian buildings, food infrastructure, a lot to do with those ports around Odessa as well as those grain storage facilities, 60,000 tons destroyed the other day, as you mentioned. That grain, by the way, destined, Ukraine says, for the Russian ally, China, that is backing them in this war.

So, this has to do, Ukraine believes, with Russia pulling out of that grain deal just a few days ago. It appears that Russia is now trying to gain some leverage and try to get some concessions from Ukraine and the west. Kate?

BOLDUAN: Alex, thanks for that.

Related to this, let me bring in Natasha Bertrand now, because, Natasha, what more are you hearing about the warnings of a coming and possible false flag operation in the Black Sea where the grain most efficiently would be transported?

NATASHA BERTRAND, CNN NATIONAL SECURITY REPORTER: Yes, Kate. So, we're hearing a number of warnings coming from the U.S. government, including the National Security Council, as well as the CIA director, Bill Burns, really warning here that Russia could begin attacking civilian shipping ships in the Black Sea, because, of course, they pulled out of that grain deal earlier this week, and now they could be poised to try to attack ships in the Black Sea and try to blame Ukraine for it as kind of a false flag operation, of course, trying to frame Ukraine as the aggressor rather than Russia.

Now, CIA Director Bill Burns, he did say at the Aspen Security Forum last night that this is something that they are closely monitoring, and, of course, they are very concerned about ever since that grain deal fell apart. Here's what he said.

(BEGIN VIDEO CLIP)

JOHN KIRGBY, WHITE HOUSE NATIONAL SECURITY SPOKESMAN: We've already seen them now post a video of them detecting and detonating what they're claiming was a Ukrainian mine. This is classic Russia propaganda, classic -- an opportunity by them to plant like a false flag to justify, which, of course, there would not be any justification, but to justify military action against civilian shipping.

(END VIDEO CLIP) BERTRAND: And that was actually the National Security Council coordinator for strategic communications, John Kirby, who was relaying a very similar message from the White House, which we heard earlier this week as well, which is that they are concerned that Russia now is going to try to frame the Ukrainians for attacks on these civilian ships in the Black Sea.

Of course, they are watching to see whether Russia lays mines as well at Ukrainian ports to prevent that grain from exiting Ukraine. Kate?

BOLDUAN: And an important point that you've made, though, the similar message from Bill Burns to John Kirby and to others at the White House about this kind of coordinated messaging effort in going public to talk about this now, which I think is extremely interesting.

Good to see you, Natasha. Thank you. Rahel?

SOLOMON: All right. Kate, thank you.

And joining us to discuss this more is retired U. S. Army Brigadier General Mark Kimmitt. General Kimmitt, thanks for being with us today.

So, I want to start first with the munitions. Ukraine has already been using these cluster munitions that the U.S. has provided. Could this be a game changer in the counteroffensive? What do you see?

BRIG. GEN. MARK KIMMITT (RET.), U.S. ARMY: No, I don't think it'll be a game changer. It is important. It adds to the capability of the Ukrainians to get through that obstacle belt from hell. It's great for going against troops in bunkers and possibly some of their armored vehicles in the rear. But it's not going to be a game changer, but it will help.

SOLOMON: Important, but not a game changer. That's important context for us to understand.

General Kimmitt, can I ask what we just heard our colleague, Natasha Bertrand, talking about that warning from the CIA that essentially Russia could present a false flag operation, for example, in the Black Sea. What would that look like?

KIMMITT: Well, it was said earlier that they could be floating a Ukrainian mine near a civilian ship. They could be conducting attacks against some of the Turkish ports, for instance. But the best thing that could happen is what Bill Burns did, which is to call it out, reveal it, and if you already know that a false flag is coming and it's been announced to the world that it has absolutely no effect.

SOLOMON: I want to talk about the Black Sea grain deal, which, of course, has gotten a lot of attention, understandably so. What can be done at this point? I mean, are there alternate means of transportation for some of this grain, perhaps roads, perhaps rails?

[10:25:00]

I mean, what do you see here? Because you could argue that the grain is desperately needed in some parts of the world.

KIMMITT: Oh, it's desperately needed, particularly in those crisis countries, such as Yemen, such as Somalia, which have no other source and have to be fed by the World Food Program.

The problem with railroads is that the Russians would always use a different gauge than the Europeans. So, you really can't make a great impact with the railroad system and by using trucks. I think we need to understand how large a cargo ship is and how much wheat needs to get out there. Trucks just don't have -- it would be a convoy of trucks of hundreds of miles to do what one single cargo ship can do.

So, the Russians understand that this is a weakness, understand that it affects not simply Ukraine, but affects the world. And it's a great psychological boost for their own people to see Russia doing something against this evil aggressor Ukraine.

SOLOMON: Yes, it sort of reminds me of what our colleague, Alex Marquardt, said in Ukraine, that this is a leverage point for Russia in a way that perhaps they have not had at any other point in this war.

General Kimmitt. Thank you. Kate?

BOLDUAN: Coming up next for us, another top U.S. official targeted in that China-based cyber attack we've learned about, the US. ambassador to China. Next, we're joined by Commerce Secretary Gina Raimondo. She was also targeted by these hackers. That's ahead.

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