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Firefighting Helicopters Collide in California; U.S. Destroyers Track Russian and Chinese Ships Near Alaska; Assassination Plot Against Volodymyr Zelenskyy; Trump Indictment Decision in Georgia Coming Soon; Trump Lashes out Against Judge, Special Counsel. Aired 1- 1:30p ET

Aired August 07, 2023 - 13:00   ET

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

[13:00:31]

JIM SCIUTTO, CNN HOST: Law enforcement agencies are beefing up security around the Fulton County courthouse in Atlanta, with a new indictment against Donald Trump possibly coming out of Georgia at any minute.

At the same time, a key deadline approaches in the January 6 federal case against the former president. It could give us a signal of where exactly that case is headed.

BRIANNA KEILAR, CNN HOST: And a foiled assassination attempt on Ukraine's president. Ahead, what we have learned about the plot and the Russian woman allegedly at the center of it all.

Plus, the NTSB investigating after two firefighting helicopters collided in California, killing three people. What went wrong here?

We are following these major developing stories and many more, all coming in right here to CNN NEWS CENTRAL.

SCIUTTO: It is legal deadline day here in the D.C. Former President Trump's defense lawyers have a few more hours to respond to a special counsel filing. Prosecutors asked the court to place restrictions on what Trump can do with and say about certain evidence in the election interference case.

Trump's lawyers oppose it. They have until 5:00 p.m. Eastern time to respond. But, today, their client continues lashing out against the judge and the special counsel on social media, that a key reason for the prosecution's request in the first place.

CNN's Katelyn Polantz is here with more.

S, Katelyn, is the concern here that Donald Trump will share evidence that should not be shared publicly?

KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE REPORTER: There is concern there, yes, of course.

That's what the Justice Department is already saying in this filing. But the deadline today, it's the first of many deadlines in the case. And what has to be worked out is how this case moves to trial, how the prosecutors get to share information with the defense.

So they need to turn over all this evidence, very typical in a criminal case, right?

SCIUTTO: Discovery, as it's known, yes.

POLANTZ: Right.

Very typical that they have some sort of framework around that evidence, so that there isn't any chilling effect on witnesses that might testify at the trial or anything that would spoil the trial for a jury.

So the Justice Department wants to get the provision in place. And they're saying that Trump's team is standing in the way. They can't make an agreement. And so they made a filing on Friday night raising this idea that Donald Trump was putting things out on social media, saying that he was going to come after people, and saying -- asking the judge, we need to start moving on this so we can give them evidence, so we can get to trial.

SCIUTTO: Right

POLANTZ: And so the judge came back very quickly, setting this deadline today, demanding a response from Trump's team to try and get things moving, so that they can see evidence.

SCIUTTO: So, that presumes the judge then wants to make a quick decision this, set some rules.

Trump's -- well, the judge in Trump's other ongoing case right now, that in Florida, this, of course, the classified documents case, that judge, a Trump appointee, is asking an interesting question. It's getting a lot of reaction about whether a D.C. grand jury can lead to an indictment in Florida.

Explain the concern there and when what the judge's potential power is.

POLANTZ: Yes, so this judge, she can ask for arguing the law on both sides. And that appears to be what she's doing right now. She is a relatively new judge.

And she is asking for something that a lot of legal commentators would step back and say, this is typical. You can investigate anywhere where something took place.

SCIUTTO: Right

POLANTZ: What she's asking for is a little bit more legal explanation about why there's been grand jury activity around the obstruction part of the Mar-a-Lago documents probe in Washington, D.C., and not just in the Southern District of Florida, where she sits, where this case is charged.

There's some deadlines set on that. And it all is coming together because there are bigger questions about whether a lawyer for one of the defendants charged in Florida, whether he's able to keep representing other people who may be witnesses in that case and have been before the grand jury in D.C.

SCIUTTO: Yes.

Listen, there are a lot of steps in a trial, in any trial, particularly a trial like this one.

Katelyn Polantz, thanks so much -- Brianna.

KEILAR: In Georgia, security is tightening around this Atlanta courthouse.

Starting today, a normally busy street in front of the courthouse is closed, as the Fulton County DA is signaling indictments in the 2020 election interference probe could be coming at any time.

Along with the street closures, officials have already set up security barrier -- barriers outside of the courthouse. And the court is telling anyone with these court dates through August 18 to expect to make their appearances virtually, rather than in person.

[13:05:04]

CNN's Nick Valencia is live outside of the courthouse.

I assume you're seeing a lot less than you normally would there, Nick.

NICK VALENCIA, CNN NATIONAL CORRESPONDENT: Well, and a lot more in some cases.

These barricades weren't here a couple of weeks ago when we were outside reporting, Brianna. And let me get out of the way here to show you just exactly these ramped-up security preparations. These metal barricades, they're new as of today, that's shut down Pryor Street, which is that street right in front of the courthouse.

It's one of the roads that is closed here around the Fulton County courthouse. They have joined these plastic barricades, some of which I'm told are filled with water to make them harder to move. The street, as you can see, is still open to foot traffic, but only media cars are allowed in and out of here.

And part of the process and reason for these ramped-up security operations is -- has to do with the countless threats received by Fulton County district attorney Fani Willis. Since she started this investigation over a year ago, she's received countless threats. Some of them have been credible, so much so that she's spoken about it publicly and talked about how she's needed to make changes to her own personal security detail.

Of course, the rhetoric from the former president has not helped things at all. He's called Fani Willis a racist. He's referred to this investigation as politically motivated. And we saw at least one person out here last week, parroting the former president, saying that this was politically motivated. He was out here with a big Trump flag and with a bullhorn.

It's one of the changes of scenes that we have seen out here since this investigation started. And it's also one of the several indications that this sprawling investigation, which includes potentially conspiracy and racketeering charges, could be coming to an end.

There's also a letter that has been given by Fani Willis to local law enforcement agencies to prepare for the potential of an indictment. You remember this special purpose grand jury, which had subpoena power, they saw more than 75 witnesses and handed over their charging recommendations to Willis back in February.

Currently, there are two grand juries seated here. And it's one of those two grand juries that is going to be given those charging recommendations and that evidence. And they're going to be tasked with hearing evidence against the former president, as well as some of his Republican allies, 24 jurors altogether on each of those juries, plus two alternates; 16 will be needed for quorum, and it will take 12 of them to be in agreement in order for an indictment to be handed down, which, as we're reporting, Brianna, could come at any day -- Brianna.

KEILAR: Yes, less traffic and way more security there where you are.

Nick Valencia live for us in Atlanta, thank you -- Jim.

SCIUTTO: All right, what to look forward in the coming days.

CNN legal analyst Norm Eisen joining now.

Norm, as we watch for decision out of Fulton County in Georgia, the special counsel took a certain approach to indicting the former president, based on his activities, attempts to overturn the election. Based on what you know, questions asked, witnesses called, how do you expect the charges in Fulton County to differ from the ones the special counsel pursued?

NORMAN EISEN, CNN LEGAL ANALYST: Jim, the special counsel has a laser-like focus on Donald Trump because he wants to get his case to trial, and he wants to do that fast, so that voters can be informed about the nature of the leading contender for one of our major political parties to take an office that -- to defend a democracy that he's alleged to have attacked.

Fani Willis will probably let the special counsel go first. So she has the luxury of charging multiple defendants. All indications are that she's going to do that, with reports that the special grand jury recommended charges against over a dozen.

And it's good to have that broad perspective from another prosecutor. Something else she's likely to do, focus on Georgia. Jack Smith had a national focus, one nationwide defendant. So I'm expecting a broader case and one focusing on the state of Georgia.

SCIUTTO: Listen, there are a lot of steps to these. But when we look to the special counsel's case at this point, the filing that defense lawyers have to respond to today deals with, how do you protect against the former president from revealing in his public comments and social media posts evidence that is shared from the prosecution to the defense in what's called discovery, some of which is sensitive in this case?

What does the judge consider with a decision like this, and what is a judge's power to keep that kind of evidence from getting out there?

EISEN: Jim, the judge does have broad powers to do what we call a protective order that limits distribution of the evidence.

She balances the First Amendment rights and the need of the defendant to participate in the investigation of the case with harms that could be upset the administration of justice and the administration of this trial.

[13:10:05]

For example, if Donald Trump gets a document with witnesses and then is going to be publicly threatening those witnesses, that could interfere with the trial. So those are the kinds of balancing of each rights.

And it's routine to protect this kind of information. She is surely going to do that.

SCIUTTO: Let me ask you a question here, because this is a former president who, while president since he's been president, that does not always follow norms, right, as we know.

There is a possibility that he outright defies a judge's order on something like this, and then lets it play out in court and say, I'm going to pursue this through court and eventually go to the Supreme Court. What actual power does a judge have?

I mean, has that possibility been considered? And what do you do about it?

EISEN: Yes, part of the reason you have a order and you give notice to the parties is because the judge can impose penalties that stems both from the order and the conditions of release.

You will remember that the magistrate judge conditioned Donald Trump's continued release on meeting standards of good behaviors, such as not threatening or intimidating or talking to witnesses about the case.

So, the courts do have broad powers. Trump can appeal appealable orders. Not every order is appealable. But if he defies the order, if he refuses to follow it, Jim, he can face sanctions. And, in the extreme cases where there's repeated violations or serious violations, that can include suspension of release or incarceration as a penalty for contempt of an order.

SCIUTTO: So much to watch for.

Norm Eisen, thanks so much as always -- Brianna. KEILAR: Assassination plot. Coming up, what we're learning about a thwarted attempt on Ukrainian President Volodymyr Zelenskyy's life.

Plus, Russian and Chinese warships near Alaska, the U.S. military responding to several of the vessels patrolling in international waters near the coast. What the Pentagon is saying about that.

And World Cup heartbreaker, Sweden knocking out the U.S. women's soccer team in a dramatic sudden death penalty shoot-out decided by video review. Now critics are trying to suggest wokeness was a factor.

All of these stories and much more ahead on CNN NEWS CENTRAL.

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[13:16:49]

SCIUTTO: Officials in Ukraine say they thwarted an attempt to assassinate President Zelenskyy.

The Ukrainian Security Service says it has detained a woman who was a Russian informant in connection with the alleged plot, this as both Ukraine and Russia are reporting heavy clashes along the front lines in Southern Ukraine, with, as we have heard for some time now, little territory won or lost.

Ukrainian efforts to take the village of Robotyne have yet to bear fruit after weeks of deadly fighting in the area scenes.

CNN's Nick Paton Walsh, he is in nearby Zaporizhzhia, Ukraine.

Nick, first I want to ask about this alleged assassination plot against Zelenskyy. How seriously are Ukrainian officials taking it?

NICK PATON WALSH, CNN SENIOR INTERNATIONAL SECURITY CORRESPONDENT: Yes, I mean, you have got to bear in mind, Jim, that Zelenskyy's life is always really under threat.

If the Russians get a chance to kill him, they would. And they take extraordinary precautions to protect him, despite the fact that he often visits front-line locations which, by definition, are exceptionally perilous.

This plot -- and we don't know how advanced, frankly, it got. We only know what the Ukrainian Security Services, who have been in the media a lot recently, tell us. This plot involves the detention of an apparent informant for Russia. She seems to have worked in a military surplus store in Ochakiv, not far from Crimea, and also not far too from Mykolaiv, the key southern port city, which Zelenskyy was supposed to be visiting as part of this plot.

And some of the messages that the Ukrainian Security Services have released suggest that she was contacted by her interlocutors. They said: Listen, can you take pictures of the hospital he might go to, any more information about the timing? And so, since then, she has been arrested. That visit has already occurred. And so, by definition, this may well not by itself had been a particularly successful plot. But it is a reminder certainly, Jim, of the persistent threats against Zelenskyy and also too of the work that the Ukrainian Security Services are doing to interdict Russian informants across Ukraine at the moment -- Jim.

SCIUTTO: We have been watching video of Zelenskyy touring forces there, including seeing some of the Western-supplied weapons, like the Storm Shadow missile.

As you know well, American volunteers have been fighting on the Ukrainian side for some time, and some of them giving their lives in that fight. And we learned of several more just in the last several days. What do we know?

WALSH: Yes, indeed.

Three Americans have lost their lives, it appears, in the last week or so. We're hearing details about some of them now.

Jeffrey Jones, aged 48, one of those three, he is in fact from Maine, grew up in Bowdoinham in Maine, said by his family in a written statement to have been killed in a mortar shell explosion on July the 31st, and says -- they say he went to Ukraine specifically to help children there, was -- felt he wanted to return in April 2023 working as a volunteer medic.

We're also hearing of the loss of Andrew Webber from Washington state. And, indeed, he also -- his family talked about his incredible compassion, friendships, his wit, clearly one of the multiple Americans here who put themselves at great risk fighting for the principle, frankly, of Ukraine's freedom and against the naked aggression of Russia's invasion.

[13:20:14]

And so we continually hear these stories of intense sacrifice, Americans coming to a place that many of them may not have been to before to put themselves on the line, often with fatal, tragic consequences -- Jim.

SCIUTTO: No question, and a lot of them face to face in the early stages of the war, a brave decision.

Nick Paton Walsh in Zaporizhzhia, Ukraine, thanks so much -- Brianna.

KEILAR: Now to a show of force from America's biggest adversaries in one of the most remote parts of the world, in international waters off the coast of Alaska's Aleutian Islands.

Eleven Russian and Chinese vessels were seen patrolling the waters there Saturday. This is according to Alaska's two senators. And, today, China's Foreign Ministry insisted that their presence was -- quote -- "not targeted at any third party."

But the U.S. military is responding, sending ships and planes to the area.

CNN national security reporter Natasha Bertrand joins me from the Pentagon.

Natasha, important to note that the Northern Command perceived no actual threat from Russia or China. But, certainly, when Russia and China do something like this, they are sending a message.

NATASHA BERTRAND, CNN NATIONAL SECURITY REPORTER: That's exactly right, Brianna.

So, what we learned from us Northern Command is that these Russian and Chinese vessels were engaging in a joint patrol off of the coast of Alaska last week when U.S. Northern Command did send boats and Aerospace and Defense Command did send planes as well to kind of monitor the movements of the ships.

And, notably, they did say that these were operating in international waters and that they did not pose a threat to the U.S. or Canada. But the U.S. senators from Alaska, Dan Sullivan and Lisa Murkowski, they did raise the alarm about this on Saturday, saying that this is -- quote -- "a new era of authoritarian aggression led by the dictators in Beijing and Moscow."

They are clearly very concerned about the fact that Russia and China are conducting these kinds of naval exercises so close to Alaska. We are told that it was just off the Aleutian Islands there in the Bering Strait. But now we are hearing, of course, that they did send these assets to kind of -- to kind of monitor their movements.

They -- it did not pose a threat, but the Chinese Embassy did provide us a statement saying that these were joint maritime patrols in relevant waters in the Western and Northern Pacific Ocean, and, notably, the action is not targeted at any third party and has nothing to do with the current tensions between the U.S., China and Russia, Brianna.

KEILAR: Interesting.

All right, Natasha Bertrand, thank you for that report live for us from the Pentagon -- Jim.

SCIUTTO: Well, two helicopters helping to fight wildfires in Southern California have collided. Three people are dead. We're going to have the latest on how that happened and the investigation.

And stranded on the open sea for nearly two days, a Florida man takes extreme measures to survive after he drifted dozens -- a dozen miles offshore. His amazing story is ahead on CNN NEWS CENTRAL.

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[13:27:50]

KEILAR: Right now, federal authorities are investigating what caused this tragic scene here on Sunday in Southern California. Two helicopters collided in midair while fighting a blaze in Riverside County. Officials say three people in one helicopter were killed. They were a Cal Fire division chief, a Cal Fire captain and also the pilot of the helicopter. The crash also caused an additional four-acre fire. The second helicopter involved did manage to land safely.

Joining me now is Cal Fire deputy director of communications and incident awareness Nick Schuler.

Nick, thank you so much for being with us today.

I know we're just learning from Cal Fire the victims here, Josh Bischof, Tim Rodriguez and Tony Sousa, who was the pilot. What can you tell us about these firefighters and this pilot and how the community is responding to this tragedy?

NICK SCHULER, DEPUTY DIRECTOR OF COMMUNICATIONS, CAL FIRE: well, yesterday was a difficult day across California as a whole, but especially in Riverside County.

When these firefighters go to work every day. They don't expect to not return home. And yesterday was a difficult day.

At approximately 6:00, they were dispatched to a vegetation fire in the community of Cabazon. And just before 7:00 p.m., there was a midair collision between the two firefighting aircraft. The cause of that is yet to be determined, but the NTSB and the FAA are actively investigating.

KEILAR: Look, these are dynamic situations, and this is really driving home what you all are putting on the line when you're fighting, these firefighters.

We see the vegetation here. We see how quickly a fire can get out of hand and how they are rushing to the scene, no doubt to try to minimize what could grow. Do you have any information about how this all happened?

SCHULER: Well, this incident just occurred hours ago.

And our number one priority was making the unfortunate notifications to the family that a tragic event had occurred and they have lost a loved one, and, secondly, taking care of the other firefighters and their families.

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