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Prosecuting Trump; At a New Hampshire Event, Trump Slams Indictments; Mexico's Top Diplomat Will Meet with U.S. Officials Today; Interview with Intelligence Committee and Foreign Affairs Committee Rep. Joaquin Castro (D-TX); Democratic Senator Dianne Feinstein Hospitalized After Falling in Her Home; After Kidnapping Incident, American Nurse and Her Daughter Were Freed; Additional Charges Probably Forthcoming Following Altercation at Montgomery's Riverfront; Wildfires Raging in Hawaii. Aired 10:30-11a ET

Aired August 09, 2023 - 10:30   ET

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

[10:30:00]

KATE BOLDUAN, CNN ANCHOR: And Laura, doesn't it -- it continues now, but this kind of sticks out in terms of the public view and kind of the approach that may have been attempted ahead of the -- ahead of January 6th, after the 2020 elections. This part that just kind of pointed out when she read a piece of this memo which says that this -- that letting this -- that by putting this out there and by doing this, it guarantees that public attention will be riveted on the evidence. Just kind of the P.R. attempt, if nothing else, short of it actually working that they thought that that was to the advantage of Donald Trump. You see a lot of echoes of that now.

LAURA BARRON-LOPEZ, CNN POLITICAL ANALYST AND WHITE HOUSE CORRESPONDENT, PBS NEWSHOUR: You do. I mean -- although, I don't think that Trump's die-hard supporters are actually going to be peeling through this indictment or the potential evidence that is -- or the evidence that is in this indictment. And that his supporters, ultimately, end up believing anything that he says, be it lies. And we see it already right now heading into full-on 2024 cycle that he is trying to cast doubt about the legitimacy of the 2024 election. And that he's trying to say, that it's all stacked and all rigged against him.

Now, the irony of this, Kate, is that I think some people may forget that in October of 2020, when Trump was president, he actually called on his DOJ to indict Joe Biden. And now, we see that he's claiming election interference when he was very well trying to interfere in the leadup to around the November election, and then even after the November election in 2020.

BOLDUAN: Let's see what happens next. It's great to see you both, thank you so much.

John.

JOHN BERMAN, CNN NEWS CENTRAL CO-ANCHOR: So, new concern over the floating barriers put up to keep migrants out of Texas. (COMMERCIAL BREAK)

BERMAN: Happening today, Mexico's top diplomat will meet with U.S. Secretary of State Antony Blinken in Washington to discuss the situation at the southern border, and much of the focus will be on the controversial buoys deployed on the Rio Grande River to deter migrants from swimming across. And they were put there by the state of Texas.

[10:35:00]

Now, Mexico wants them removed. Texas maintains it has the authority to install the buoys even with legal challenges from the U.S. Justice Department. Democratic Congressman Joaquin Castro of Texas led a delegation to Eagle Pass where they got a look at those buoys and he joins us now.

Congressman thank you very much for being with us. So, describe what you saw.

REP. JOAQUIN CASTRO (D-TX): Well, the -- I mean, the buoys themselves, which are barrel traps are really, kind of, death traps. They have concertina wire below them. A dead body was stuck to them just last week. But the governor has also ordered that this razor wire be placed along the banks of the Rio Grande. And you have people who are getting caught up in that razor wire, and the Texas National Guard is under orders by the governor and his administration not to help anybody out, even families with young children who are coming to present for asylum.

And so, these very much are a, kind of, death trap. But also, John, the whole operation lone star that Greg Abbot started two years ago has really been a disaster. A nightmare for the people of Texas. It's been a human rights and civil rights violation, and it's been full of human rights and civil rights violations and it's also straining our relationship with Mexico, our largest trading partner as you just mentioned.

BERMAN: So, you're calling these buoys a death trap. And yes, there were bodies that were removed from them that's possibly floated down and were caught in those buoys. What do you think the Biden administration should do to get them removed? And is the administration doing enough?

CASTRO: Well, the Justice Department, I believe, as you mentioned filed a lawsuit to basically stop Greg Abbot from doing what he's doing. So, I think that's good. But also because of the very deep human rights and civil rights violations, I think the Department of Homeland Security should suspend cooperation or coordination with the State of Texas through Operation Lone Star until all of these legal issues and civil rights issues can be sorted out.

Right now, Greg Abbot has gone rogue. He's using tactics that you might come to see in -- from North Korea, and that's not something, I think, that the federal government, that the United States government should be part of. There is a taint to the whole thing of Operation Lone Star rid right now. BERMAN: Should the U.S. government, whether it be from customs and border patrol or protection or someone go and just remove those buoys?

CASTRO: I think the federal government has the right to do that. Look, the governor of Texas doesn't have any more authority over an international body of water than the governor of California does over the Pacific Ocean. And so, Greg Abbot, I think, realizes that he doesn't have authority. But since Donald Trump came onto the scene, Republicans have really made the border and immigrants their number one bogeyman issue. That's how they scare and that's how they excite and rile up their primary base.

And so, instead of solving issues in education, health care, economic development, and so forth, they go back to the same thing over and over. That's what you see Greg Abbot doing now.

BERMAN: Let me ask you this, Congressman, what kind of barrier, if any, would you support at the border?

CASTRO: Well, I mean, if you look at what we have now, we have three or four times the number of border patrol agents that we had 20 years ago. We have drones all over the border. We have anti-tunnel technology all over the border. We had a meeting yesterday with CBP, Customs and Border Protection, where they said they're using artificial intelligence, A.I., at the border. And so, you've got more resources at the border now than we've ever had in American history.

BERMAN: Congressman Joaquin Castro, thank you very much for being with us on "CNN News Central". We look forward to talking to you again.

CASTRO: Thank you.

BERMAN: Kate.

BOLDUAN: Coming up for us, an American nurse and her daughter are now free after they had been kidnapped for two weeks in Haiti. What we are learning now about their release, and also how they're doing. That's next.

(COMMERCIAL BREAK)

[10:40:00]

BOLDUAN: This just in to CNN. We're getting some distressing news about Democratic Senator Dianne Feinstein. We are just now learning that the senator from California that she was hospitalized after falling in her home yesterday. Now, a spokesperson to the senator tells CNN that she was taken to the hospital as a precaution after the fall, and that all of her scans were clear, and that she was able to return home the same day.

Still, Senator Dianne Feinstein is 90 years old. She is the oldest member currently serving in the U.S. Senate. And you'll recall that she has faced a pretty steady stream of questions about her health recently with members of her own party, saying that it may be time for her step down and resign after an extended absence -- her extended absence earlier this year as she was dealing with shingles. We'll have more of an update as it comes in about the senator and how she's doing.

John.

BERMAN: All right. Watching that closely.

New this morning, the U.S. nurse and her daughter who were kidnapped in Haiti have now been released. Alix Dorsainvil and her daughter were taken about two weeks ago from their aid organization's campus near Port-au-Prince.

CNN's Rafael Romo joins us now with the details here. Rafael, what are you hearing?

[10:45:00]

RAFAEL ROMO, CNN CORRESPONDENT: Hey, John. This development happening in the last hour. We learned of their release after El Roi Haiti, the Christian humanitarian aid organization, the American nurse works, for released a statement. As you remember, Alix Dorsainvil, the wife of El Roi Haiti Director Sandro Dorsainvil and their child were abducted on July 27th in the morning while serving in their community ministry in El Roi Haiti's campus near the capital city Port-au-Prince.

In a statement released a little while ago, El Roi Haiti said the following, "It is with a heart of gratitude and immense joy that we at El Roi Haiti confirm that the safe release of our staff member and friend, Alix Dorsainvil, and her child who were held hostage in Port- au-Prince, Haiti. Today, we are praising God for answered prayer", the statement said.

John, the organization asks that no one contact Dorsainvil or her family. There is still much to process, they said, and to heal from in this situation. The same day, John, they were kidnapped, the U.S. State Department ordered the departure of non-emergency government personnel from Haiti as the security situation in the country deteriorates. As we have previously reported, Haiti's capital, Port- au-Prince, and surrounding areas have been gripped by years-long kidnapping for profit with hundreds of Haitians targeted by gangs, seeking ransom payments each year.

A late July advisory by the U.S. State Department said that given the recent armed clashes, people were asked to leave -- citizens, U.S. citizens, I should say, were asked to leave the country immediately. But the good news today, the nurse and her child are now free, John. back to you.

BERMAN: They are out. We will wait for an update on how they're doing. Rafael Romo, thank you very much.

Kate.

BOLDUAN: Coming up for us, the riverfront brawl has now led to three men facing charges. Why the police chief says more people could still be charged. We'll be back.

(COMMERCIAL BREAK)

[10:50:00]

BERMAN: This morning, Alabama police say, more charges are likely coming after the fight at the riverfront in Montgomery. Three white men have been charged with assault. Police say, river boat co-Captain Damien Pickett spent up to 45 minutes peacefully, they say, trying to get a pontoon boat to move so a river boat with more than 200 people onboard could dock. And that's when, they say, things unraveled. One of the men facing charges is identified as Richard Roberts, charged with three counts of third-degree assault.

With us now is CNN Legal Analyst and Criminal Defense Attorney Joey Jackson. Counsel, there's a lot of video here.

JOEY JACKSON, CNN LEGAL ANALYST AND CRIMINAL DEFENSE ATTORNEY: Yes.

BERMAN: What will decide this case?

JACKSON: I think you just mentioned it, John. I think the video, of course, is determinative, right? Your eyes can't lie. And therefore, as a result of that, you're going to examine, prosecutors are, what they see. And as a result of what they see, they're going to assess whether it rises to criminality. That, to which you just indicated, were three charges so far against the three looking for one other. And those charges, at this point, are assault in the third degree.

Just briefly, what does that mean? It means intent to cause physical injury to another person. Now, it's not first or second degree, the distinction being serious physical injury from physical injury. And if it were first degree, it would involve a weapon, none of which is here.

And so, to this point, we're assessing, they're assessing, investigators, they have these three. We'll see what others get embroiled in this and are charged appropriate to what their behavior was.

BOLDUAN: The police chief says that they looked into, including hate crimes or charges in -- related to inciting a riot. But said that the evidence doesn't meet the criteria. What's the criteria he's talking about here?

JACKSON: So, Kate, a couple of things. I think simply because they have not done it to this point. It doesn't rule out the fact that they could, moving forward.

BOLDUAN: Right.

JACKSON: So, let's take about what hate crimes are. A hate crime is when you establish that the motivation behind that behavior was based on either the perception of race, or here, the clear indication of race, right? Were you motivated to act in an unlawful way such that you caused injury and it was based upon race here? That's what they'll assess, let's see what comes up. In terms of witnesses, in terms of statements, in terms of what other evidence may point to that.

When you locate at the issue of incitement of a riot, now what you're talking about is commanding, importuning, encouraging other people to engage in tumultuous and violent behavior that would affect public safety. And so, that's what they're also going to examine. Remember, these are initial charges. Other people can be charged. And the ones who have been charged could be charged with additional charges as they learn, police and prosecutors, more about what happened.

BERMAN: What do you think the likely defense will be?

JACKSON: I think, you know, it's tough because what ends up happening is, is that, John, you mentioned it at the outset, there's a video. And the video is a clear depiction of activity. What were you doing? And whenever you're talking about assault the natural defense is self- defense. But in order to establish self-defense, you have to establish a few things. Number one, that you were in immediate fear, right, of safety yourself. Number two, that your actions in response to that were proportionate to whatever threat posed. And number three, that you acted reasonably.

So, if that doesn't line up with what jurors, if it goes that farsee, then you can make the defense whether it will be successful as predicated upon what the facts show. Every case turns on its facts.

BOLDUAN: Joey Jackson, thank you for being here.

JACKSON: Pleasure. Thanks, Kate.

BOLDUAN: It's good to see you.

JACKSON: Thank you, John. And you.

BOLDUAN: Coming up for us, a dangerous situation is unfolding right now in Hawaii. Wildfires burning out of control in Maui and also in the big island being fueled by high winds. The reports of people even jumping into the ocean to escape the flames and smoke. We'll have an update. We'll be right back.

[10:55:00]

(COMMERCIAL BREAK)

BOLDUAN: The co-conspirator and the election scheme memo. The evidence in the hands of prosecutors that we are now seeing for the first time detailing how fake electors they thought could swing the election. What those details now mean for the case against Donald Trump.

[11:00:00]