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Ukraine Says, Woman Detained in Plot to Assassinate Zelenskyy; Ukraine Strikes Hit Road Bridges Between Crimea and Kherson; Today, Trump Team Faces Deadline on Evidence Rules. Aired 10-10:30a ET

Aired August 07, 2023 - 10:00   ET

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

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KATE BOLDUAN, CNN ANCHOR: A Russian woman is in custody in Ukraine this morning accused of plotting to assassinate Ukraine's president. We're live in Ukraine with the latest.

OMAR JIMENEZ, CNN ANCHOR: Former President Trump says he can't a fair trial after a judge denied his lawyers' request for an extension. The important deadline they are facing today.

JOHN BERMAN, CNN ANCHOR: A dramatic rescue at sea after a 25-year-old went missing for days.

Sara is off today. I'm John Berman with Kate Bolduan and Omar Jimenez. This is CNN News Central.

BOLDUAN: This morning, we are learning of an alleged plot to assassinate Ukrainian President Zelenskyy, an alleged plot that was thwarted. Ukrainian officials say they have a Russian woman in custody now. They call her a Russian informant who is gathering intelligence around a visit that Zelenskyy was making to Southern Ukraine, to Mykolaiv.

CNN's Nic Robertson has more on this for us. He's joining us now. Nic, what more are you learning about this alleged plot?

NIC ROBERTSON, CNN INTERNATIONAL DIPLOMATIC EDITOR: It was intended, it appears, according to Ukrainian intelligence officials, the SBU, that it was to culminate in an air strike obviously intended to kill President Zelenskyy. They're saying this unnamed woman was working at a Ukrainian military base on the southern coast of Ukraine. She was running a small store there or working in a small store. And she had been tasked with trying to get information about the timing and presence of President Zelenskyy during that visit to Mykolaiv.

Now, Ukrainian intelligence officials say they got wind of this. They had information about this planned possible assassination attempt and took additional security measures, that in their checks and follow-ups on this woman, they've also found other communications from people they believe are her Russian handlers that have been telling her to find out information about the whereabouts and locations of Ukraine's electronic warfare installations. Of course, these absolutely vital to defeating these cruise missile and drone attacks that Russia is firing into Ukraine that she was tasked with trying to find out those locations, as well as stores of ammunition and weapon supplies that were feeding into the Ukrainian frontlines.

And this is information she was supposed to gather and apparently shared with her Russian handlers. Now, she's in Ukrainian custody. But, again, we still don't know her name, and we only getting our details, of course, from the Ukrainians, from their intelligence services.

BOLDUAN: Yes, with so many questions still, my gosh. Nic, it's good to see you. Thank you. John?

BERMAN: So, what's going on in some other developments I want to tell you about, and some video I want to show of what has gone on in Ukraine over the last few days. You can see the damage that Ukrainians have done to the bridges into Russian-held territory. You see the flames building right there. This is a much better picture. You can just see a hole in this bridge right here, and there are some other angles that show the destruction to this bridge.

Now, where those bridges are simply crucial. These are bridges, in this case, directly into Russian-held Crimea, over here as well. And you will remember, the Ukrainians regularly target the Kerch Bridge down here from Russia into Crimea as well. So, let's talk about the significance of all this.

With us, retired Lieutenant Colonel Cedric Leighton. Cedric, thanks so much for being with us right now. When you look at this map and you see where the Ukrainians are targeting these pathways into Crimea, why?

LT. COL. CEDRIC LEIGHTON (RET.), CNN MILITARY ANALYST: Well, the main thing, John, is that these are the main supply routes. So, if you look at some of the bridges here, like the bridge at Chonhar, which is the one on the left that you've X'd out there, that is the route between Melitopol and Simferopol. Simferopol is in Crimea.

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This gives the Russians -- this route gives the Russians a big resupply possibility and any interruption in this bridge because of this bridge strike results in limited supplies getting to Crimea, and that can really limit the combat effectiveness of the Russian troops that are stationed there.

BERMAN: And how effective have the Ukrainians been and how are they doing it? We know they've been using these Storm Shadow missiles, which are actually air-based, right. You need to fire them from planes.

LEIGHTON: That's right. And what they are using is the Su-24 fighter bomber. The Su-24 is a Russian-made plane that the Ukrainians inherited when they gained their independence back in 1991. So, these things aren't young, but they are usable. And the Storm Shadow can be mounted on the Su-24 and it is then using GPS coordinates. It is used to target installations, like bridges, command and control posts, electronic warfare installations, things like that. And it's highly effective.

BERMAN: In terms of where they're targeting, again, you talked about Crimea, and they're trying to limit the supply lines to Crimea, how much do the Ukrainians want to put Crimea in play as part of their counteroffensive?

LEIGHTON: It is the primary objective that they have because Crimea, as you know, was taken by the Russians in 2014. That was part of their initial land grab in Ukraine. And there's a lot of historical disputes surrounding the Crimean Peninsula but Ukraine considers it an integral part of their country and they want to take Crimea because of its strategic significance and the fact that the Russian Black Sea fleet is actually based in Crimea. So, if they take Crimea, they deprive the Russians of a significant military basing possibility both on the naval side as well as in the air and land arms as well.

BERMAN: We heard from Nic Robertson about this plot that the Ukrainians say they have used this Russian plot to kill Volodymyr Zelenskyy in Mykolaiv, which is again down here somewhere based on this map. We are 18 months into the war now. What would the impact be, first of all? Is there any realistic chance the Russians could get to Zelenskyy? And what would the impact be in international terms if they did or even tried?

LEIGHTON: Yes, it would be significant. It would be a significant impact, John. They've been trying to get at Zelenskyy at least since the start of the February 2022 invasion of Ukraine. And there have been several plots that have been foiled. The SBU, the Ukrainian Domestic Intelligence Service, has been extremely active not only in actively protecting President Zelenskyy but also in using their intelligence capabilities to thwart plots like this.

So, this is not a surprise, but it's always something where they have to be really on their toes to make sure that they can get every single possible method that the Russians are trying to use to get after Zelenskyy. They want to decapitate the Ukrainian government. And one of the easiest ways they think to do that would be to go after Zelenskyy himself. So, he's at great risk. But it would have significant international repercussions and it would be very bad for the Ukrainian war effort as well.

BERMAN: Colonel Cedric Leighton, always a pleasure, thank you so much. Omar?

JIMENEZ: Well, John, now to a tense situation in the waters near Alaska. The U.S. military dispatched four naval destroyers to monitor 11 Russian and Chinese ships that were, quote, patrolling the area. Alaskan lawmakers say those vessels were operating last week near the Aleutian Islands, but a Chinese official says they were simply conducting, quote, joint maritime patrols in relevant waters in the Pacific. So, to explain all this and what happened, CNN's Natasha Bertrand joins us now. So, Natasha, for starters, what is the U.S. saying about this?

NATASHA BERTRAND, CNN NATIONAL SECURITY REPORTER: Well, Omar, we did confirm via U.S. Northern Command that the U.S. military did deploy ships and planes in order to monitor this joint patrol that was undertaken by Russian and Chinese vessels last week off the coast of Alaska.

Now, importantly, U.S. Northern Command said that these ships did not pose a threat to either the U.S. or Canada and that they stayed in international waters. And they did not detail just where or how many ships were a part of this fleet.

But we did get a little bit of a more detailed statement from the senators from Alaska, Republicans Dan Sullivan and Lisa Murkowski, who released a statement on Saturday as saying that this fleet was comprised of around 11 Russian and Chinese ships and they were operating off the coast of the Aleutian Islands.

Now, they did say in their statement that they were a bit concerned, of course, about these transits and that they had received classified briefings about them in recent days. But I do want to read you this statement from Dan Sullivan, one of those senators who said that the incursion by 11 Chinese and Russian warships operating together off the coast of Alaska is yet another reminder that we have entered a new era of authoritarian aggression led by the dictators in Beijing and Moscow.

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Now, notably, this is not the first time that this has happened. Russian and Chinese ships have done these kinds of patrols before, most recently last summer, in a similar location off the coast of Alaska. At that point, it was met by a kind of lone U.S. Coast Guard ship that was on a routine patrol, something that Dan Sullivan was not happy about.

So, he said that he is pleased to see that there was a more robust response this time around. The U.S. did deploy those four Navy destroyers as well as the reconnaissance aircraft, but, again, emphasizing that these ships were in international waters.

JIMENEZ: Yes. Natasha Bertrand, thank you so much for your reporting, as always. Kate?

BOLDUAN: Coming up for us, Donald Trump's legal team is up against the clock to respond to the Justice Department's request to keep some aspects of this trial and in discovery quiet, just as Donald Trump goes off once again on his social media, attacking the judge and attacking the special counsel.

Plus, Ron DeSantis says, of course, Donald Trump lost the election. While that is reality, is that a perilous admission to be making for his candidacy? And an investigation is now underway after two firefighting helicopters collided in Southern California. Three people died. We have the very latest coming in for now.

We'll be right back.

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JIMENEZ: Lawyers for former President Donald Trump are facing a 5:00 P.M. deadline today. They have to respond to the Justice Department's proposal for a protective order after a federal judge denied their request to push the deadline.

This is all connected to Trump's latest arrest over his efforts to overturn the 2020 election results. And it comes as officials in Georgia are preparing for another potential indictment. Right now, streets around the federal courthouse are closed and barricades have gone up.

So, I want to bring in CNN Senior Crime and Justice Reporter Katelyn Polantz. Katelyn, so, Trump Attorney John Lauro has argued that voters have a right to know what the evidence is over the course of this process. Walk us through the back and forth and why there is concern here, at least from the prosecuting side.

KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE REPORTER: Right. So, the defense attorney, John Lauro, for Donald Trump was even on CNN yesterday talking about how he wants the public to be able to see the evidence in this case, and he wants to get to trial quickly. He's also said that in court to the magistrate judge last week when Donald Trump entered his not guilty plea.

But nothing can get started here until there's some sort of non- disclosure plan put over this case. That's something that's really typical in a criminal case that gets put in place pretty early. And so the Justice Department has gone to the court and know Donald Trump is out there on social media even saying things in a veiled, threatening way, saying that he would come after you. And so now they want to make sure that they have something in place that will govern all of the preparations for trial and make sure that the evidence that is very sensitive is locked down.

Now, that can't happen until there's some sort of an agreement. And so the judge in this case has set a deadline for Donald Trump's team of 5:00 P.M. today to get back to her and to the prosecutors about what their plan is, how they want to make sure that evidence is protected.

We're going to have to see what they say in court if it matches what Donald Trump's defense lawyer is saying publicly about wanting evidence. But right now, this is going to be a crucial thing, Omar, as we look forward to trial timing. Because once the evidence starts flowing from the prosecutor's side to the defense side, everybody is in that phase of getting ready for trial.

But you can't start that until there's some sort of provision in place to protect things and govern things going forward.

JIMENEZ: Trial timing, we're also looking at, of course, this dispute. But then the Trump defense team, as we're finding out, they say they're going to ask for the federal judge in this case to recuse herself. What more are you learning about that process and where we stand on, again, that side of a potential dispute?

POLANTZ: Well, they say they're going to ask for that. They haven't actually asked for that in court yet. It is something that they would ask this judge, to consider the judge that they're going to ask to recuse herself, Judge Tanya Chutkan.

Donald Trump did put out a post this morning on social media saying, deranged Jack Smith, the special counsel, is going before his number one draft pick, the judge of his, quote/unquote, dreams, who must be recused in an attempt to take away my First Amendment rights.

But as far as what we know so far in this case, Judge Tanya Chutkan has no reason for a recusal. She has previously had a case before her from Donald Trump related to his time in office and after, and she was able to rule on that. It even went to the Supreme Court. No issues with her being the judge there. And so it's really unclear what would happen if this were to be coming up in court.

JIMENEZ: Katelyn Polantz, thank you for your reporting, as always. Kate?

BOLDUAN: So, the trial here is still a ways off, of course, but already Donald Trump and his legal team are starting to test out their defenses to the public. The strategy appears to be discredit, delay, dish out details while muddying the waters around the crimes that he's accused of.

Cue Trump's former Vice President Mike Pence. Pence said that he will testify if compelled. He's seen as a potential critical witness for the Justice Department's case. Yet Trump's lawyers are trying to say now that Pence's testimony will play a major role in proving their case that Trump is innocent.

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JOHN LAURO, TRUMP ATTORNEY: Mike Pence will be one of our best witnesses at trial.

Based on what Vice President Pence will say, the government will never be able to prove beyond a reasonable doubt that President Trump had corrupt or criminal intent. And that's what this case is about.

UNIDENTIFIED MALE: Well, what Mike Pence has said all this week is that what President Trump did was wrong, and he knew it was wrong, and he was pressing him to do something that was wrong. It was also pretty clear he never said it was criminal. He said it was wrong. He never said it was criminal. LAURO: He's going to be a central witness in the case. I don't see how he's not a witness. But I have to make him a defense witness. I can't allow him to be a prosecution witness.

UNIDENTIFIED MALE: Well, I assume if the government doesn't call him, you'll call him.

LAURO: 100 percent.

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BOLDUAN: Unclear why Mike Pence's legal analysis, though, is critical to the Trump defense, but we will see. But what is becoming clear is that the issue of immunity may soon come into play for Donald Trump.

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LAURO: There's one other issue that's very important. Everything that President Trump did was, while he was in office, as a president, he is now immune from prosecution for acts that he takes in connection with those policies.

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BOLDUAN: Its policy decisions. Trump's attorney, John Lauro, there is also making the following argument that a, quote, technical violation of the Constitution is not a violation of criminal law. Add that to the unclear column for how well that will hold up if tested in a courtroom. John?

BERMAN: All right, Kate. I want to go back to this Truth Social post that Donald Trump put up just a few hours ago in the middle of this moment when a judge is literally considering the fact that he keeps posting this stuff. Let's show people what it says again. Deranged Jack Smith is going before his number one draft pick, the judge of his dreams, who must be recused, et cetera, et cetera, et cetera.

Now, again, he put this up at the very moment when the judge is considering the potential impact of his Truth Social posts.

With us now, CNN Senior Legal Analyst Elie Honig. Elie, I want to talk about the specifics of the type of stuff that Trump is writing in a second, but, first, the fact, the fact that he's writing this stuff at all. How important is that?

ELIE HONIG, CNN SENIOR LEGAL ANALYST: Well, look, prosecutors have to do something about this at a certain point. Because for now, what they've asked the judge to do, and this is what's pending right now, is to put a lid on what Donald Trump can say about the evidence he's received. That's the issue that's pending right now.

At a certain point, as these posts continue and escalate, prosecutors may need to go to the judge and say, now we need to go a little farther. Now, we need to regulate his ability to talk about the case publicly in general, if it starts to endanger prosecutors, judge, jury pool or witnesses. So, that's an important decision. How much of this is Jack Smith willing to take?

BERMAN: Because the one that he wrote before said, basically, if you come after me, I'm coming after you.

HONIG: Right. I mean, that one, we all know what it means. But it's at least generally phrased. Now, he's naming names and singling people out, which I would argue is more dangerous.

BERMAN: All right. So, that is something to watch going forward, the fact of these posts. Now, let's talk about the specifics here, because he's spoken a lot about the judge, Tanya Chutkan, here. And he wants her removed from the case. Elie, as a legal matter, what's the significance and likelihood of this happening?

HONIG: Very, very unlikely, I would say, close to 0 percent that the judge gets removed. First thing that I have to clarify, Donald Trump keeps suggesting in his post that this judge was somehow selected by DOJ, as if they judge shopped. Not at all. Judge Chutkan was wheeled out, as we say. There's a literal wheel that you spin and pull a note card out of. She was randomly assigned to this case. Same way, by the way, Judge Cannon, who Trump appointed, was randomly assigned to his case down in Florida.

So, let's get that clear. He keeps suggesting this was handpicked, not at all. There is no basis to recuse this judge. The fact that she's an Obama nominee does not at all mean she's necessarily prejudiced against him. Again, same thing with Judge Cannon. She's a Trump nominee. Doesn't mean she's prejudiced in his favor. Yes, this judge has had prior cases relating to January 6th. She's ruled on them correctly. She's been upheld by the courts of appeals. So, this call for her to be recused, I'm sure they'll make the motion, but it's doomed to fail.

BERMAN: Then his lawyer, John Lauro, was out all weekend calling for a change in venue out of Washington, D.C., using all kind of, frankly, coded language, a more diverse, jury pool he wants.

HONIG: Yes, I see why they want that, because Donald Trump got 5 percent of the vote in D.C. in 2020, 68 percent of the vote in West Virginia. It's not uncommon to make a motion to change venue, but it's very, very, very uncommon to succeed. You have to show as a defendant that it is utterly impossible to receive a fair trial in that district.

Here's an example of a change in venue motion that did succeed. If you think back to the 1990s, the bombing of the federal building in Oklahoma City, that case was going to be tried in the courthouse across the street in Oklahoma, which was damaged and people were injured. In that case, it was so extreme that it had to be moved to Colorado.

BERMAN: So, there are people who suggest, because the insurrection happened in Washington, D.C., down the street from this federal courthouse, it needs to be moved because of that.

[10:25:03] But, Elie Honig, you know that this trial isn't actually about January 6th.

HONIG: Right, well -- exactly. This case, I think it's a little bit of a misnomer to call it the January 6th indictment. It's a nice shorthand, but it's really about the pre January 6th conspiracy. But also there is a big difference because the decision in Oklahoma City was this building was partially destroyed. There are people in here who were injured, but you are going to have to watch for that when you're picking a jury in D.C. Were you there? Were you directly impacted by January 6th? And those people can be removed from the jury.

BERMAN: But the implication from Lauro, I think, is just political affiliation, that it's a Democratic city. Can you even ask someone who they voted for in voir dire?

HONIG: So, it's a really interesting question that the judge will have to decide for herself. There's nothing against that. But I do wonder, I've never seen a situation where one of the people who could have been voted for is the defendant.

But jury selection, it's important to understand, is a very careful process. It's not perfect. Humans are humans, but people will be asked about, were you directly impacted by January 6th? Do you have strong feelings about this defendant that would preclude you from giving an impartial judgment? But, for sure, what John Lauro is trying to get away from here is the 95 percent of D.C. voters who voted against him.

BERMAN: Can you think of any trial that's been moved because of the politics of a city?

HONIG: Because of the politics --

BERMAN: The electoral politics of a city, partisan affiliation. That's where the line gets difficult. It's hard to imagine a court, even the Supreme Court, playing with that.

HONIG: I think it's fair to say that's unprecedented.

BERMAN: All right. Elie Honig, great to see you.

HONIG: All right. Thanks, John.

BERMAN: Kate?

BOLDUAN: Coming up for us, it is official Barbie is an absolute hit at the box office. The film broke records this weekend, passing $1 billion in sales. A look at this major milestone for the director, Greta Gerwig.

A Florida fisherman is safe today after being stranded at sea for nearly two days. We have the video of this wild Coast Guard rescue you see right there. And the Coast Guard commander who helped coordinate the mission is our guest.

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