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Mar-a-Lago Property Manager Arraigned, Released On $100,000 Bond; Judge Rejects Challenge To Disqualify DA Fani Willis; Rescue Operation Ongoing After Russian Missile Strike. Aired 11-11:30a ET

Aired July 31, 2023 - 11:00   ET

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

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[11:00:18]

JOHN BERMAN, CNN ANCHOR: Moments ago, one of Donald Trump's employees wrapped up a hearing in federal court. We are just getting new information about what went on inside.

SARA SIDNER, CNN ANCHOR: Overnight, Russia launches a deadly airstrike on Ukraine, killing at least six people and injuring dozens of others. CNN is in Ukraine with the very latest.

BERMAN: Fulton County District Attorney Fani Willis wrapping up an investigation into Donald Trump's efforts to overturn the election results in Georgia. She says she is ready to go. What does that mean? Kate is off today. I'm John Berman with Sara Sidner. This is CNN News Central.

Just moments ago, Trump employee Carlos De Oliveira walked out of a federal court. He was arraigned that a number of charges in the Trump classified documents probe. You're looking at this video that we're just getting in of him leaving. Officials accused him of trying to delete security camera video at Mar-a-Lago after the Justice Department's subpoena that footage last year. He says Trump wanted the server deleted. CNN correspondent Randi Kaye is outside the courthouse in Miami with some new details about what just happened. Randi?

RANDI KAYE, CNN CORRESPONDENT: Hey there, John. Yes, this was our first look at Carlos De Oliveira as he appeared and showed up for his appearance here in court this morning in Miami. He arrived in a navy blue suit and a tie. And once he got inside the courtroom, he sat and huddled with his attorney who's Washington D.C. based John Irving. He was also surrounded by a handful of U.S. marshals who hovered over him during this court appearance.

The judge asked him very early on to stand at the lectern and state his name. He said good morning. He said his name. The judge read the charges against him. He told them that he had the right to remain silent, made sure that he understood that. And he had his -- had the right to talk to a lawyer. The judge did release him. He is not on bond -- he is not being held. As you saw he did leave the courtroom. He was released on $100,000 bond. That is a personal signature bond, John. His lawyer said that he did not certainly didn't have the money to put that up. But the judge said he doesn't actually have to pay that right now. We also learned from him that he does have a passport, which has expired. The judge gave him 48 hours to turn that over. His travel is restricted to South Florida without permission. Otherwise, he can't go anywhere else without permission. And he also can't have any communication with any witnesses I.D.'d by the government.

The government did give his attorney a list of those people that he cannot talk to. There is an arraignment date set for him. That is when he will officially enter a plea. That is now set for August 10th in Fort Pierce, so he will have to get a Florida based attorney to do that. That is why they had to put off the arraignment because he needs a Florida attorney who is barred in this state in order to enter a plea for him. So of course all eyes are watching this now because with his case delayed and the arraignment now pushed to August 10th that could mean that the case against Donald Trump in this same Mar-a-Lago documents case could be delayed.

Of course there are a lot of questions about whether or not that trial will occur before Election Day. One other note just briefly on how we got here. There is now a fourth employee who CNN has identified as Yuscil Taveras, a lot of the reason apparently, that these new allegations came was because of him. He's an I.T. worker at Mar-a- Lago. And this is the man who, apparently allegedly according to the indictment, Carlos De Oliveira asked to meet him in the audio closet, asked him about the security camera tapes, asked him how long the footage stays on the server told him the boss wants that server deleted.

Apparently CNN sources telling CNN, sources telling CNN that it was his information, it was Taveras's information that he gave to investigators and FBI agents that led to these additional allegations against the former president, his aide Walt Nauta, and now Carlos De Oliveira. John?

BERMAN: You know, already I should have said as I was bringing you in I said De Oliveira says that Trump wanted the servers deleted. I should have said the indictment made the allegation that De Oliveira said that Trump wanted the server deleted. Interesting that he's being told given a list of other witnesses he cannot talk to. Any indication that he's going back to work at Mar-a-Lago because one of the interesting things here is that Walt Nauta and Donald Trump worked together every day.

KAYE: That is a -- that is an interesting point you made. I'm glad you brought that up. But there isn't any indication that he isn't going back to work. But one note which I picked up on in the courtroom when they -- when the government said the special committee represent -- the lawyer for the Special Counsel's Office said we've given them a list of those witnesses that they can speak with. I heard him say that the other two defendants meaning former President Donald Trump and his aide Walt Nauta are not on that list.

[11:05:17]

BERMAN: OK, so Nauta -- I was -- Nauta and Trump are not on that list of people he could not talk to?

KAYE: That -- he wasn't -- they wasn't -- they were not on the list that the government gave them of witnesses that he could not speak to whether or not they get added remains to be seen.

BERMAN: All right, very interesting. Randi Kaye, thank you so much for all your reporting and the answers to my questions as they're coming in. Great to see you. Sara?

SIDNER: It's interesting. Thank you, John.

Just in the CNN, a Fulton County judge has rejected efforts by Donald Trump's legal team to disqualify the district attorney leading the investigation into Trump's alleged efforts to overturn the 2020 election in Georgia. The judge also rejected a request to throw out evidence gathered in that probe. The ruling comes as DA Fani Willis is warning local officials to stay vigilant ahead of her announcement on a possible indictment.

CNN's Sara Murray is joining us now from Atlanta. What more are you hearing from Fani that is really giving an indication that she is, as she put it, ready to go?

SARA MURRAY, CNN POLITICAL CORRESPONDENT: Yes, well, I mean, a lot has been happening here in the last couple of days. We are definitely on the precipice of Fani Willis to announce who if anyone is going to face charges as part of this case. One of the things that was looming out there is this challenge by Donald Trump's attorneys to have her disqualified from the case and have all of the evidence from a special purpose Grand Jury which heard from more than 75 witnesses thrown out.

So a judge here in Fulton County ruled today that he was not going to do this, essentially saying this is pre-indictment. If Donald Trump is charged, if others are charged, they will have an opportunity to challenge the special Grand Jury, the way the evidence was gathered, but that time is not now. There was another judge who was planning to weigh in on this issue on August 10th because the Trump team did not want a Fulton County Judge hearing that matter.

We'll see if that hearing still takes place. The judge in ruling today said that should be moved. But again, it comes as we are already starting to see increased security precautions here around the courthouse, barricades going up behind me. And we heard from Fani Willis who are affiliate over the weekend that she says basically her investigation is wrapped up and she's ready to go with whatever her announcements are going to be. Take a listen.

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FANI WILLIS, DISTRICT ATTORNEY FOR FULTON COUNTY, GEORGIA: Some people may not be happy with the decisions that I'm making. And sometimes when people are unhappy, they act in a way that could create harm. The work is accomplished and we've been working for two and a half years, we're ready to go.

(END VIDEO CLIP) MURRAY: Now Willis over the weekend also forwarded an e-mail around that included a racist and sexualized threat that her office had received. She sent it to county officials and urged them to stay alert on the month of August and stay safe sort of giving the other county officials a taste of the kind of harassment that her office has received ahead of any potential announcement of indictment. Sara?

SIDNER: Sara Murray, you've done a lot of great reporting on this particular case. Thank you so much for the very latest.

And for more on the legal implications of all these developments let's bring in former state and federal prosecutor David Weinstein. Thank you so much for being here. I want to go back to the classified documents case. We know that Carlos De Oliveira has just left court. They could not do a full arraignment because he doesn't have a Florida attorney yet. But he's been told not to speak with some of the other witnesses that are in the case, which does not at this point include Donald Trump and Walt Nauta who are both defendants. Does that seem odd to you?

DAVID WEINSTEIN, PARTNER, JONES WALKER LLP: Not at all, Sara. In all of these cases, it's very difficult for the government to prevent you from speaking to one of your co-defendants. It's essential, especially if you have a joint defense either agreement or theory of defense for a defendant to be able, at least through his lawyers to speak to his co-defendants. Not unusual that they don't want any of them talking to witnesses who have been listed or revealed, but not so unusual that that doesn't include the other co-defendants.

SIDNER: You just mentioned something that I think a lot of people are looking at where Donald Trump's organization or Donald Trump is paying for the attorneys so far for Walt Nauta and Carlos De Oliveira. Is there a real danger in here for those two defendants that they won't get proper counsel?

WEINSTEIN: I think there is. And I'm surprised at this juncture. Certainly I know that they inquired of Walt Nauta at an earlier hearing. And once Mr. De Oliveira gets permanent counsel, they'll inquire of him as well and that's the court. Whether or not he understands that if a lawyer is provided for him, that lawyers loyalty should be to him and not to the people who are providing the lawyer to him. And that's an important thing for the judge to get into and I wouldn't be surprised if the government didn't press it a little bit more especially with Mr. De Oliveira.

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SIDNER: We heard that employee number four, who is Mr. Taveras, is not facing charges, but it is potentially what he said about Carlos De Oliveira that turn that into an indictment. Does that give you an indication that Taveras is perhaps cooperating with the prosecution?

WEINSTEIN: Oh, it certainly seems that way to me, Sara. I think that they sent him a target letter, or at least that's been what's reported. They sat down with him. He gave them what they believe is truthful testimony. And they've either given him immunity for the statements he's providing to them, or at some point down the road, they're going to ask him to plead guilty to some charges.

But based on what's contained in the indictment, it would appear that he is although listed by them initially as a target, perhaps moving his wave towards a witness for them in this matter.

SIDNER: So conversely, could that mean that Carlos De Oliveira was contacted and did not cooperate because he is now facing numerous charges?

WEINSTEIN: Well, that seems that way to me as well. I think if they were going to give a target letter to the other witness, they've certainly given a target letter to De Oliveira. And what happens is you get the letter you engage counsel or not. You have conversations with the government. And here he did, because there were some statements say believe he made were false.

And then you're given a choice, you can either come on board and cooperate with the government and accept an offer that's on the table. And if you don't, at some point, they're going to say, well, we're going to indict you. And that's what happened. Last week, they reached that point where no offer was accepted. And then he got indicted.

SIDNER: I have a question for you. As a former prosecutor, you know, we see Donald Trump defending himself on his social media account. Do you think that's a good idea, some of the things that you've seen him put out there angry tweets about their -- Truth Social, excuse me, about all sorts of things, including those who are trying this case?

WEINSTEIN: Not at all. That's he's his own worst enemy. I mean, quite frankly, the best thing that any client of mine should do is to be quiet, not make any public statements if they want to say something, say it to me, and then I'll talk to you about it. But he's really shot himself in the foot here. And you can see that in the superseding indictment.

They added another count related to the document that was shown the Bedminster that he had said there were no documents, there were no papers. He's publicizing his defense. He's attacking the prosecution. I'm surprised that at some point, a judge doesn't issue a gag order to keep him quiet. And we've seen that in other cases, and if you're not quiet, you stand the real possibility of being held in contempt.

SIDNER: Yes. What has worked for him politically clearly, the polling shows may not work for him so well legally is what you're saying. David Weinstein, thank you so much for your analysis. Appreciate it. John?

BERMAN: All right, happening now, a huge rescue operation is underway after a Russian missile strike hit an apartment and a university and Ukrainian city of Kryvyi Rih, the hometown of Ukrainian President Volodymyr Zelenskyy. One woman watched the attack unfold from her window.

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UNIDENTIFIED FEMALE: (Speaking in Foreign Language) (END VIDEO CLIP)

BERMAN: The death toll has risen over just the last few minutes at least six people now killed including a 10-year-old girl and her mother, dozens more injured. President Zelenskyy said all of this was the work of two ballistic missiles from Russia. CNN's Nick Paton Walsh is in Zaporizhzhia for us now. And Nick obviously, they fear I believe there could be a lot more killed or injured in this attack.

NICK PATON WALSH, CNN CHIEF INTERNATIONAL SECURITY CORRESPONDENT: Yes, that is a possibility certainly. And within the rubble, rescue teams are working as fast as they can. We're now obviously a more advanced stage of the day. The death toll, as you said, rising to six. But more startling here element is the 75 injured which is a staggering number frankly. And I think a reflection of the apartment block that one of these missiles seems to have targeted somebody in the neighboring apartment, a woman called Natalia (ph) described how her husband in their apartment was knocked off his feet by the shockwave and that they were glad their daughter was in the enclosed bathroom when the missiles struck.

The university you refer to, well, it appears the missiles struck the laboratory there that was indeed empty, which again, as we always ask brings to mind, what was the intended target? Did Russia mean to hit precisely these places or just fired indiscriminately into civilian areas? Frankly, irrelevant to those grieving at the moment and rescue teams desperately going through the rubble. Kryvyi Rih is sprawling industrial town, as you said the home of Ukraine's President Volodymyr Zelenskyy.

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Comparatively further from the front lines than it used to be, Russia having being pushed back. But you have to wonder whether or not this is Russia's frankly barbaric response to the psychological or symbolic embarrassment of what happened over the weekend where the Moscow City area and upscale part of the Capitol was hit by what are likely to have been Ukrainian drones. They haven't claimed direct responsibility. Nobody injured there. But all Russian pride damaged amongst the broken glass and damage to buildings.

And so while Russia I think and its elite had hoped this would be a war that it's poor fought far away is finding it hitting the Kremlin recently, remember that drone attack there, expensive suburban areas as well. And now Moscow city, a taste perhaps of what is being inflicted upon Ukrainians daily. Remember every day I stand here and talk about dozens of injured, a small number of dead through consistent Russian barrage as Kryvyi Rih no exception today, but particularly stark numbers of injured. John?

BERMAN: Right, Nick Paton Walsh for us in Zaporizhzhia. Nick, great to see you. Thank you. Sara?

BERMAN: Ahead, Republican presidential hopeful, Nikki Haley, has a message for aging politicians like Mitch McConnell and Dianne Feinstein know when to walk away. Will those words do well with the electorate? We'll discuss coming up.

Plus, an American nurse working in Haiti has been kidnapped along with her child, what authorities in Port-au-Prince are doing to try and find her.

And later, a typhoon in China forces tens of thousands of people to flee their homes in search of higher ground. How the government there is responding to this enormous natural disaster, that's ahead.

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SIDNER: Republican presidential candidate, Nikki Haley, is taking aim at some of the most powerful lawmakers in Washington. On Friday, the former governor and U.S. Ambassador to the U.N. hinted that Senate Minority Leader Mitch McConnell should step down after he froze for about 20 seconds during a press briefing. Now Haley is doubling down saying McConnell and other older politicians like Dianne Feinstein need to know when to step aside. Listen.

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NIKKI HALEY (R), PRESIDENTIAL CANDIDATE: What I am saying about Mitch McConnell, Dianne Feinstein, Joe Biden, Nancy Pelosi, all of them know when to walk away, know when to walk away. We have huge issues that need new solutions. We need new generational leaders. We appreciate your service. We appreciate what you've done. But this is why we will fight for term limits.

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SIDNER: Joining us now is CNN political analyst and Washington bureau chief for the Boston Globe, Jackie Kucinich. Thank you so much for being here. You know, ageism is a real concern in the workplace for a lot of us. But what do you think of her comments? And then she ended with talking about term limits. Do you think that the electorate is really in line with what she's saying?

JACKIE KUCINICH, CNN POLITICAL ANALYST: Well, I mean, this is also a matter of consistency for Nikki Haley. Let's not forget how she launched this campaign talking about a new generation, talking about competency tests for politicians over 75. Now that will probably have a lot of constitutional issues, that would never happen. However, this isn't something she's been saying over and over and over again, and looping in Mitch McConnell and to this to that, of course, is new. You don't hear her talking about the former president, who's also in his late 70s.

Now, voters are mixed on this, some of them, they -- I mean, there's -- there is a lot of weight to incumbency. And that's why you're seeing them cast their votes for some of these older politicians. That said, there is this other what exactly what Nikki Haley is trying to tap into, particularly when it comes to President Biden, where Democrats are constantly trying to make up for the fact that he is older. And that is something that Democratic voters are concerned about.

SIDNER: Yes. There's a difference between how old you are in your ability to do the job. And it seems like she might be making that distinction. I do want to talk about the latest polling when it comes to her political rival, President Donald Trump. He -- let's look at this poll. He is by far out ahead of the pack. DeSantis was doing much better when this all started. And now you see those numbers. And it just appears that he is going to be the Republican nominee, at least where we are now, we have some time. What do you think about this? What happened here? DeSantis used to be thought of as a real challenger to former President Trump.

KUCINICH: I think DeSantis happened to DeSantis. I mean we -- there was a lot of questions when he went out into the world, when he started to have to do these retail politics that we all know and see throughout presidential cycles. And that hasn't really turned out well for him because of what the kind of walls he put up when he was Florida Governor do not exist outside of Florida and outside of that office.

So the fact that he's had so many missteps, you're seeing that in this poll and his inability to really come at former President Trump. We've seen it -- we're seeing it a little bit. He did come at Trump about his pay -- his PAC paying a lot of his legal bills. We'll see if that continues. But you are -- he has been very hesitant to attack former President Trump because he still tried to cultivate his voters.

SIDNER: Yes. He seems to be trying to out Trump Trump but that has not worked for him on the campaign trail. I do want to talk to you about those numbers again, 54 percent of Republicans saying that they want Donald Trump to be their nominee. Considering all he has been facing, does it surprise you? Or is this a sign that his voters, those who are very strongly for him, see all of this as just the piling on from the Democrats?

[11:25:29]

KUCINICH: And I think that's exactly right, Sara. I think what you've seen throughout. And we're now two indictments in perhaps a third and a fourth on deck. We'll see how the jury is rolling those. However, every time one of these has come down, we've seen his fundraising go up. And people just clinging closer to him because of their loyalty because they feel like he's being attacked by the Justice Department. And it really has served to solidify his support instead of disperse it as perhaps his rivals would have hoped.

And they're sort of keeping their fingers crossed, he's going to drop out. He said in public many times, doesn't matter how many times he's indicted. He's going to stay in this.

SIDNER: You just mentioned that, you know, Trump isn't the one paying his legal bills this -- he was helped by $14 million. Now he's talking about launching, how will that work?

KUCINICH: It's really good question. I mean, remember, he got some scrutiny for saying he was going to raise money for his legal funds and then not a lot of money went to his legal bills. And the RNC also was paying some legal bills when he was president. Listen, this is just a pattern. And it doesn't -- but notably, it's not cracking his support. The question is, how many of these candidates are going to go after him about this issue on the debate stage in just a few weeks, whether or not he decides to show up which is of course is an open question.

SIDNER: Jackie Kucinich, thank you so much for all that analysis. It was great. John?

BERMAN: Sara, an American nurse and her child kidnap. This is a case of White House's watching closely. We have new information about the attempts to get them free.

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