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Today: Deadline For Trump's Attorneys To Respond To Proposed Evidence Limits; Blinken, Ukrainian Foreign Min. Discuss Counteroffensive; Lawsuit: White Mother Claims Southwest Airlines Thought She Was Trafficking Biracial Daughter. Aired 2-2:30p ET

Aired August 07, 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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BRIANNA KEILAR, CNN HOST: Up against the clock. Donald Trump's legal team has just hours left to respond to a DOJ request to keep some aspects of this trial quiet. And it comes as officials in Georgia are preparing for another potential indictment. The street around the federal courthouse is closed, and barricades have gone up.

And one of the GOP candidates going up against Trump touts the fact that he has never bent the knee to the former president. Former Congressman Will Hurd joining the show ahead.

JIM SCIUTTO, CNN HOST: And a mother sues Southwest Airlines over what she calls "blatant racism." She says an airline employee accused her of human trafficking, which was just traveling with her biracial child. Ahead, how Southwest is now responding. We are following these major developing stories and many more all coming in right here to CNN NEWS CENTRAL.

KEILAR: New legal arguments and new social media outbursts unleashed at a fast clip for Donald Trump, all in the face of a fast-approaching deadline in his election interference case. Trump's defense lawyers have until 5:00 p.m. to respond to the special counsel's proposed evidence rules. Prosecutors want the court to limit the former president's handling of key evidence, partly because Trump keeps lashing out at the judges and the prosecutors in his criminal cases. Jack Smith's team says that could skew the trial and have a chilling effect on witnesses.

CNN's Paula Reid is tracking all of this for us. All right. So, Paula, this is the first of many key deadlines. Is this case is heading to trial?

PAULA REID, CNN SENIOR LEGAL AFFAIRS CORRESPONDENT: Yes. And let's be clear, this is not about a gag order. No one is trying to restrict the former president from discussing this case writ large.

The problem is between now and when this eventually goes to trial is that prosecutors have to share all their evidence including sensitive information with the defense attorneys. And here, prosecutors say they want restrictions on Trump's ability to share some of that sensitive information. They don't want him to get a key piece of evidence and then blast it out on social media.

So, this is a protective order. It's something that's very common in cases. It is not -- I repeat, not a gag order.

But let's take note of this, the pretty tight timeline here. Because they filed this request on Friday. Trump's lawyers asked over the weekend for more time, and that was denied.

So, they have until 5:00 p.m. this afternoon. And that is yet another sign, Brianna, that Judge Chutkan, she wants to move this along quickly.

KEILAR: She means business here. And then in Trump's other federal case tied to classified documents, we have a new question from the judge about the legality of a DC grand jury for a Florida-based trial. Can you explain this to us?

REID: Yes. Remember, most of this investigation was conducted in Washington, DC. And some people were surprised when the case was ultimately filed down in Florida. But this can happen in federal investigations. You can conduct your investigation and then realize that the proper venue is somewhere different.

Now, this is not going to be the last time that this question surfaces in this investigation. We're right here. Judge Cannon, she is asking specifically about the use of a DC grand jury as it relates to possible obstruction of justice.

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And she wants briefing. She wants to hear what they think of the fact that they've used a DC-based grand jury even after the indictment because that's what some of these issues around key witnesses or defendants having the same lawyer. So, I would expect that going forward, this question will loom quite large over this trial until it is ultimately adjudicated, but he or she's asking for briefs on a relatively narrow issue.

KEILAR: All right. We'll see how that works out. Really interesting developments going on today. Paula, thank you for that. Jim?

SCIUTTO: Well, in Georgia now. Police are ramping up security around this courthouse in Atlanta. Starting today, the main street in front of the Fulton County Courthouse is completely shut down. Parking on several streets around the area closed.

This comes as the district attorney there signaling indictments in the 2020 election interference probe of the former president could come at any time. And as the court is telling anyone with these court dates through August 19 to expect to make their appearances virtually.

CNN's Nick Valencia. He's live outside the courthouse. Nick, these come after law enforcement put up barriers there.

This is, of course, about the possibility of a Trump indictment. What other measures are you seeing? Does that include increased personnel as well?

NICK VALENCIA, CNN CORRESPONDENT: That's right. We are seeing an increased presence of personnel here. Individuals with long guns -- police officers with long guns, these metal barricades went up to date to block this main street in front of Fulton County courthouse's prior street. They've added to this in addition to those plastic barricades, some of which had been filled with water to make it hard for vehicles to drive through if that was their intention. The street has been closed down to vehicle traffic and is still open to foot traffic.

But I want to move out of the way here just to give you a sense of the increase in police activity. You could see this area flanked by sheriff's vehicles. We see local law enforcement here. And part of that, Jim, having to do with the threats being received by Fulton County District Attorney Fani Willis.

Since she started this investigation more than a year ago, there have been countless threats against her life. Some of them, according to her credible threats. So much so where she's spoken about publicly the need to have to change her own personal security. Now, we're seeing that increased security presence here in front of the courthouse.

It's one of the several indications of seeing that this sprawling investigation may near its end. May be very close to coming to an end here. Of course, this investigation looking into the potential of racketeering charges, conspiracy charges, and it's really -- you know the rhetoric has really been fueled by what President Trump has said about Fani Willis.

Calling her a racist. Saying that this is politically motivated. In fact, we saw a Trump protester or supporter out here protesting last week with a flag and a bullhorn echoing those sentiments from the president.

But it looks like things here are coming to an end. It was recently that we reported the seating of two grand juries here. It's going to be one of those grand juries that are seated that is going to ultimately have to hear the evidence gathered by the special purpose grand jury and their many months of work.

Remember, they had the power to subpoena. They heard from more than 75 witnesses. And some of the biggest names in Trump's orbit showed up here.

Now, it's going to be up to one of those grand juries. They have 24 jurors in all, plus two alternates. 16 needed for a quorum. 12 of them will have to be in agreement in order for potential indictments to be handed out. And as we're reporting, Jim, those indictments could come at any day. Jim.

SCIUTTO: And could we see the former president walk through those doors behind you to face another indictment? Nick Valencia, outside that courthouse in Fulton County, thanks so much. Brianna.

KEILAR: We're joined now by former federal prosecutor Renato Mariotti. So, Renato, let's start with today's deadline in the election interference case here. This order to restrict how Trump's team handles evidence, do you think it's likely to be granted?

RENATO MARIOTTI, FORMER FEDERAL PROSECUTOR: Oh, for sure. The only question is whether or not Trump's team can come up with some tweaks that they are -- you know that the judge thinks are reasonable enough to give them -- you know throw them a bone regarding otherwise. They should expect that this is going to get entered, as Paula, I think correctly said this is a routine motion.

KEILAR: Yes. Talk about that. As she said this is pretty standard. Tell us about how this is standard in other cases.

MARIOTTI: Sure. I handle criminal cases across the country. And protective orders are usually entered by the government or requested by the government. And I don't --I don't -- I don't dispute them in a variety of cases, fraud cases, tax cases.

Any case where there is potentially confidential records, health care cases. Any case where there's something that if it was released to the public could cause harm to someone. So, this is really pretty standard.

And, you know, Trump's team trying to oppose this as if it's fine. But what ultimately was happening was there is an element where they could get a week's worth of delay. And even though it does seem like much those weeks add up if you add -- if you have a week delay to every you know routine motion -- routine issue, and that's why Smith put down a marker saying we oppose even a short extension of time.

The judge granted that. That really tells me that not only is Smith hard driving this to a very fast trial date, but it looks like the judge -- at least an early indication that the judge is in the same mindset.

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KEILAR: Yes. She really appears to be moving this along. As you point out, the folks who do not appear to want to move this along are Trump's legal team. And his lawyer John Lauro says, you know, when he sees cases like this, they're two to three-year cases. Are they really though?

MARIOTTI: Yes. I -- actually, I agree with him on that. I --

KEILAR: Interesting.

MARIOTTI: As I've mentioned, I have criminal cases across the country. Yes, I have a case that was charged in 2020 and the trial date is getting moved to 2024. So it's not -- it's not unusual.

But, you know, this is an unusual case in which the defendant has made it very clear publicly that his plan is to get elected and to try to shut this down. And he, of course, is being charged with trying to abuse his power in a criminal way. So, I can understand why Smith is motivated to streamline the case and rush it.

You know, there's obviously competing concerns I'm sure that the judge has. She may want this to be handled in a speedy way. But she, of course, is going to be concerned about the rights of the accused. My unsolicited advice to Donald Trump, which I'm sure he would never take is that you know poking her in the eye and throwing grenades at everyone around the case is probably not going to endear yourself to the judge or inspire her to give you -- cut you a break and give you a little bit more time.

KEILAR: So it's interesting when you say that a lot of times these cases, they do take a long time. Do you think the interest of having this one not take that standard timeline is something that holds? He's the one, as you point out, with the right to a speedy trial.

MARIOTTI: That's a great question. Technically speaking, although we are typically focused in the judicial system -- the criminal justice system, focuses on the rights of the accused, and rightfully so when it comes to speedy trial. The public also has that right.

I think one difference though, Brianna, is that -- is that when I asked prosecutors for things in cases, OK? And when I was a prosecutor for many years, I had defense attorneys who were asking me for things. I don't -- I usually don't get a response from the prosecutors five minutes later.

Usually, they're very busy. They got hundreds of cases on their docket. And you know, things can take some time.

And Jack Smith's filings are you know saying we're available in the evening, holidays, weekends, and we are eager to move this forward. And so, when a prosecutor takes that you know point of view or has that perspective and is willing to do whatever it takes to move it forward, that really you know matters. That helps move the ball forward.

And I will say that the question is just will the judge go along with that? You know, it sure looks like she is -- she is in the short run. And Donald Trump by poking her in the eye and creating issues in his case -- in his own case in the short run is probably not helping matters.

KEILAR: Yes. We'll see if he takes your advice. I'm not so sure he will, Renato, but we'll see. Renato Mariotti, thank you so much. We appreciate it. Jim?

SCIUTTO: Well, Ukraine says -- Ukraine says it has arrested someone they say it's an important part of a plot to assassinate the president, Volodymyr Zelenskyy. We're going to have the details of that plot just ahead.

Plus, the first batch of U.S. tanks have now been approved for shipment to Ukraine. How this might change the fight on the ground there? That's the hope, at least.

And later, the get back in the office trend has even reached Zoom employees. Have we reached the end of your muted? You're watching CNN NEWS CENTRAL. And we'll be right back

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SCIUTTO: Secretary of State Antony Blinken spoke with his Ukrainian counterpart today about Ukraine's counteroffensive, as both Ukraine and Russia report intense fighting along the front lines particularly in the south. Military officials say though, little territory has been won or lost by either side. It says -- the Ukrainian Security Service says it has detained a woman who was a Russian informant on a plot to assassinate President Zelenskyy.

CNN's Nick Paton Walsh is live in Zaporizhzhia, Ukraine. Nick, as you noted last hour, Zelenskyy's life is always under threat. Russia's wanted to kill him since the start of the invasion. Tell us what we know about this particular latest plot.

NICK PATON WALSH, CNN INTERNATIONAL SECURITY CORRESPONDENT: Yes. This appears to relate to an informant for Russia. She's not identified by name or nationality but is said to work in a military surplus store down in Ochakiv, a sort of slight Peninsula down towards Mykolaiv, where she is also said to have been asked to collect information about a previous visit there that Zelenskyy has already done. Now, messages between her and her apparent Russian interlocutors say that they were asking her more about timings, locations, and suggestions about photographs she might be able to take.

Clearly, the plot was not successful. But this is part of a growing number of media statements we've seen from the Ukrainian security services over the past weeks or so relating to attacks on -- drone attacks on amphibious assault Russian vessels, and oil cargoes as well. And so clearly here, a plot of some significance that they decided to release details about it, Jim.

SCIUTTO: The character -- the nature of the fighting along the front lines in the East and South has taken on a commonality in recent weeks of intense fighting, but not a lot of movement. And I wonder, is that what we've seen in recent days in the south? And what do Ukrainian officials tell you about that?

WALSH: There's a problem here really, Jim. And Ukrainian officials are never that transparent about games when they make them. And so, we often don't hear them standing on the rooftop shouting about the progress they've made because they want the operational advantage.

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That said, we've really not even heard off the record a lot of indications of great success. But there's two possible explanations for that. One, I think it's fair to say that some of the more optimistic assessments were perhaps aren't realistic, that Ukraine would suddenly make vast bounding gains all the way to the Azov Sea in a matter of weeks.

They're fighting hard, it seems, with an initial kind of crust of the Russian defense that has a lot of minefields ahead of it that are very, very slow going, like something like tens of meters per hour with the mining teams. And a lot of casualties because the Russians have put these in place.

SCIUTTO: Yes.

WALSH: And have been expecting this advance for months. That said, if they do eventually see some kind of progress through these first offenses, there are some assessments suggesting that the Russian depth of defense is not that strong. Yes, there'll be more reinforcements behind, but that's when the Russians may get into trouble that the extent of their defense is upfront.

And if Ukraine gets through that, that's where the sort of combined maneuver warfare that NATO has been pushing upon, Ukrainian forces may take greater effect. And within may be able to take wider territory over the weeks and months ahead.

Remember, Jim. once they're through that first extraordinary line of trenches and minefields that they have to push through first. It is flat terrain, all the way to the Azov Sea. That's the ultimate goal here to cut off the Crimean Peninsula from the rest of Russian- occupied Ukraine.

Is it doable? We're just going to have to see. It's a very tough task, and they're doing it without air superiority, Jim.

SCIUTTO: No question. Defensive belts as they have been described. Nick Paton Walsh, in Zaporizhzhia, thanks so much. Brianna.

KEILAR: There's a new U.S. development in Russia's war on Ukraine. The first batch of Abrams tanks was just approved for shipment. You will recall the Biden administration initially resisted sending Ukraine these tanks. But then the president signed off and 31 of them going to the war efforts in a major turning point for the West's support for Ukraine.

We have CNN's National Security Reporter Natasha Bertrand who is at the Pentagon for us. Natasha, when will these tanks be reaching the battlefield?

NATASHA BERTRAND, CNN NATIONAL SECURITY REPORTER: Well, this is a big hurdle, Brianna, that has now been overcome. And we are told that the tanks are expected to be there now by early fall. And just to reiterate what the Army for Acquisition chief Doug Bush said this morning.

He said that the first batch of Abrams tanks have actually been finished and approved for shipment. And that just happened over the weekend. The -- essentially, they had to be refurbished and repaired before they could actually be given to the Ukrainian soldiers.

Well, now, we're learning that that process is complete. And they're expected to head to Europe before they will then move into Ukraine and be given to the Ukrainian soldiers. Giving them a very powerful ground component at a very key moment.

Now, just to -- just to give you a sense of what Bush told reporters this morning. He said ."They are done. They have to get to Europe and then to Ukraine, along with all of the things that go with them. Ammunition, spare parts, fuel equipment, repair facilities. It's not just the tanks, it's the full package."

But he said even despite that, the timeline here is still on track. He makes a very interesting point, though, which really harkens back to the original U.S. argument for why it would be impossible to provide these tanks before of course, the Biden administration changed its mind. Namely, that they're just so complicated to operate and maintain.

The logistics of these tanks are very difficult. And that is why the Ukrainian spent -- roughly 250 Ukrainians spent about 10 weeks training on these tanks in Germany before completing that course earlier this month, late last month. And now, of course, they are set to receive them.

But still, this is going to be a big logistical challenge for the Ukrainians because these tanks, they break down pretty easily, they are sophisticated but there are so many things of course going on in this counteroffensive that could pose a challenge to their ability to maintain them. Still, they are expecting to you know really see these tanks play a really important role in the battlefield. So, this is a major development the Ukrainians will be very pleased to hear about, Brianna.

KEILAR: Yes. Maintenance is key to warfighting is they will learn when it comes to these tanks. Natasha Bertrand, thank you. Jim?

SCIUTTO: Still to come on CNN NEWS CENTRAL. A white mother has filed a lawsuit against Southwest Airlines. She claims she was accused of human trafficking while traveling with her own biracial daughter. We're going to have the details next.

And a health hazard in New Mexico from a burning plastics plant. What officials are telling us now? Look at that smoke. Stay with us.

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KEILAR: A mother is suing Southwest Airlines for racial discrimination. She says she was accused of human trafficking when traveling with her biracial child. And according to the lawsuit, Mary MacCarthy, who is white traveled from California to Denver with her daughter who is black to attend a funeral in October of 2021.

CNN's Pete Muntean has some more details on this. Pete, what did she say happened?

PETE MUNTEAN, CNN AVIATION CORRESPONDENT: You know, she really describes this very traumatic event. As they were getting off this flight, this mom and daughter from San Jose, California to Denver, they were met at the jet bridge by two armed Denver Police Officers because of this mistaken case of human trafficking. I want you to watch the clip now that Mom, Mary MacCarthy, took and shared with a local news affiliate. Here it is. (BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: The flight attendants were just concerned about the behavior --

MARY MACCARTHY, MOTHER: OK. Because --

UNIDENTIFIED FEMALE: -- when you boarded the aircraft.

MACCARTHY: OK.

UNIDENTIFIED FEMALE: But that's all we're following up on. We're not suspecting -- we're not suspecting anything. That's all we need to know. That -- I mean you guys are good. I do apologize.

MACCARTHY: It's just not -- it's not because I have a daughter who has already unfortunately been traumatized by the police in her life. Yes, I'm sure -- (INAUDIBLE)

UNIDENTIFIED MALE: Well, I'm not trying to do that by any stretch of the means.

UNIDENTIFIED FEMALE: No.

MACCARTHY: So, this is -- this is an OK?

(END VIDEO CLIP)