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Hunter Biden's Lawyers Say Plea Deal Still Valid And Binding; Close Call Between Private Jet And Southwest Plane; Two Witnesses Testify Today Instead Of Tomorrow In Trump Grand Jury In Georgia; Study Finds Link Between Air Pollution, Dementia Risk. Aired 3:30-4p ET

Aired August 14, 2023 - 15:30   ET

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

[15:30:00]

JIM SCIUTTO, CNN HOST: Lawyers for Hunter Biden are working to keep at least part of his collapsed plea deal in tact. In a few court filing they say the deal they made with federal prosecutors to resolve a felony gun charge is still, quote, valid and binding. That's separate from the tax charges involved. It comes just two days after Trump appointed U.S. attorney David Weiss was appointed as a special counsel following the breakdown of those new talks.

Just minutes ago the White House declined to weigh in on a special counsel appointment, repeating that President Biden wants the DOJ to be free from political interference and the president loves his son and he is proud that he is now working to rebuild his life.

CNN's Kara Scannell is covering this story for us. So Kara, on this plea deal -- of course there are two pieces, one relating to taxes, the other to felony gun charges here. Attempting to resurrect one piece, what would that do exactly, if they were able to do that?

KARA SCANNELL, CNN CORRESPONDENT: Well, this investigation had been going on for five years looking at a broad range of conduct. And then it was just in June that prosecutors and Hunter Biden's team had reached a deal on misdemeanor charge for tax-related charges that he would plead guilty to. Then this diversion agreement involving possession of a gun while addicted to a controlled substance.

[15:35:00]

That would have been a deal where the felony charge would have gone away if Hunter Biden agreed to certain things during this 24-month period. Including don't commit any other crimes and don't use any drugs. So what his legal team filed yesterday was their position saying that they think that that agreement, this diversion agreement is still valid and still binding, and that's because both prosecutors and the Biden team signed this deal.

Now this kind of diversion agreement usually is something that is between a prosecutor and a defendant and it doesn't go before a judge. But in this case they did include the judge in it because they wanted her to be a neutral arbiter if there was a question of whether he violated -- Hunter Biden violated the terms of that deal. And that was the rub at the plea hearing last month, the judge saying she wasn't sure if that was constitutional or not. And so she asked the parties to brief on this.

Of course, on Friday the Department of Justice elevated David Weiss to special counsel. And his prosecutors told the judge that they no longer had a deal on the plea deal or the diversion agreement. So this is the split here.

If they are able to get this diversion agreement to stick -- although that's still a big if because the judge was not that keen on how it was structured -- that would alleviate at least one big issue here. Although this disagreement on or the falling apart of the tax deal is still something that appears to be now very much alive.

And you know, one of Hunter Biden's attorneys, Abbe Lowell, was on news shows over the weekend where, you know, he was asked about this tax charge and if it was inevitable that they would be going to trial on it. He was on CBS "Face the Nation" yesterday and here is what he said in response to that question.

(BEGIN VIDEO CLIP)

ABBE LOWELL, HUNTER BIDEN'S LAWYER: It's not inevitable and I think --

UNIDENTIFIED FEMALE: And you're trying to avoid one?

LOWELL: Well, yes, we were trying to avoid one all along, and so were the prosecutors who came forward to us and were the ones to say, can there be a resolution short of a prosecution? So they wanted it, and maybe they still do want it.

(END VIDEO CLIP)

SCANNELL: So Biden's lawyers there saying they are still interested in a plea deal. Though of course, with Weiss elevated to special counsel, that indicates that a decision or a potential negotiation on that seems now a bit far from now versus how we seemed so close to a deal just last month -- Jim.

SCIUTTO: And now it's a special counsel investigation. Kara Scannell in New York, thanks so much -- Boris.

BORIS SANCHEZ, CNN HOST: Next, an update on Evan Gershkovich, the American journalist was being held in Russia. The U.S. ambassador meeting with him today.

Plus, a surprising link between air pollution and dementia when CNN NEWS CENTRAL returns.

[15:40:00]

(COMMERCIAL BREAK)

SANCHEZ: Just feet away from catastrophe. Right now federal officials are investigating how a private jet avoided colliding with a commercial jetliner by only 100 feet. This happened last week as a Cessna tried to land in San Diego. CNN aviation correspondent Pete Muntean joins us now. Pete, 100 feet, that's a pretty close call.

PETE MUNTEAN, CNN AVIATION CORRESPONDENT: We're talking about a third of a football field. Very close. And we have seen these incidents over and over again come under investigation by the NTSB. They're known officially as runway incursions. This is the seventh such case involving a commercial airliner at a major airport we have seen since the start of this year.

This one is interesting because it involves this private jet as it was coming in to land on runway 27 at San Diego International as this Southwest Airlines flight, a 737, was told to pull on the runway and wait there and stand by for takeoff clearance.

What's so interesting is the FAA now tells us the air traffic controller in the tower cab heard alarms sound warning them of this potential collision and told that private jet to go around. To abort its landing and to climb back up and then come back into land later on. But now we're finding out from air traffic control audio, from live data tracker ATC.net where the private jet pilot actually noticed that this collision was imminent as well. You can listen here.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Verify on forward coverage, you're still clear to land.

UNIDENTIFIED FEMALE: Targeting to 275, our impression to (INAUDIBLE) with diversion.

UNIDENTIFIED MALE: Say again.

UNIDENTIFIED FEMALE: Location forward to hotel, go around, fly the (INAUDIBLE) approach.

UNIDENTIFIED MALE: All right going around, forward to victor.

(END VIDEO CLIP)

MUNTEAN: National Transportation Safety Board Chair Jennifer Homendy tells me this could have been tragic. Within 100 feet. That is the thing to emphasize here. So we're talking less than 100 feet potentially. The NTSB is still looking into this, the Federal Aviation Administration is looking into this. This could have ended really badly. Thankfully, nobody was hurt in either of these airplanes.

SANCHEZ: And seven of these incursions.

MUNTEAN: We've seen them all across the country and regardless of airport. Boston, JFK, Austin. It has happened everywhere pretty much. And so, the big thing here -- and this is something that the FAA has really tried to nail down on -- is would if there is a common thread here. Why this is happening? Was there some sort of atrophy of pilot or air traffic control skill over the pandemic when there was a downturn in flying. There is still no real common thread here. And the FAA has really tried to push pilots to sort of up their game, and air traffic controllers as well. And the Department of Transportation is putting in extra money in the system to try and avoid these things in the future. So we'll see, although these clearly keep happening.

SANCHEZ: Yes, Pete Muntean, thanks so much.

MUNTEAN: Any time.

SANCHEZ: Jim.

SCIUTTO: We are following critical grand jury proceeding in Atlanta where Donald Trump is facing a potential fourth indictment.

[15:45:00]

It appears that Fulton County District Attorney Fani Willis is moving more quickly -- moving more quickly than expected in presenting her case. Joining me now is Jake Tapper, of course, the anchor of "THE LEAD," also CNN's chief Washington correspondent. In the news today, two witnesses scheduled or at least expected to testify tomorrow, instead testifying today.

JAKE TAPPER, CNN ANCHOR, THE LEAD: Yes, and one is we know from CNN, the viewers know him. The former Lieutenant Governor Geoff Duncan, a very conservative Republican who nonetheless held fast and adhered to the truth, as did Governor Brian Kemp, on talking about how Joe Biden won Georgia and he was supposed to testify tomorrow. Now he's testifying today. We're all trying to read the tea leaves. Does that means we could see an indictment as soon as today? We don't know yet. But certainly she is speeding this up.

SCIUTTO: Yes, in other words, we'll watch you show. So the idea of course or any day. I mean, to your point, Duncan, like so many key witnesses in this case are Republicans, Republican state officials. And yet that has not Donald Trump from attacking not just the process but some of the witnesses themselves.

TAPPER: Including Geoff Duncan. He told Geoff Duncan today on Truth Social, his social media site, he said that he shouldn't testify. And you know, a lot of people out there wondering does that constitute witness intimidation or at least witness tampering? I've talked to lawyers of both minds. Some say, you know, it was written almost as if it like a college text -- a law school textbook. You know, the didn't actually cross the line into intimidation because he said he shouldn't. But he didn't like threaten him with an action.

On the other hand, some say, look, he's clearly dissuading someone from testifying before a grand jury. I should note, it's interesting that the former president doesn't want an official who is a conservative Republican to swear an oath and tell the truth before a grand jury. I mean, why wouldn't you want somebody to do that?

SCIUTTO: Yes, what is your expectation of the danger of his testimony in this case?

TAPPER: Yes, exactly.

SCIUTTO: Jake Tapper.

TAPPER: Thanks Jim.

SCIUTTO: Of course, "THE LEAD" starts at 4:00 Eastern, right at the top of the hour -- Boris.

SANCHEZ: Still to come on CNN NEWS CENTRAL. How wildfires could raise your risk of dementia, the details just moments away.

[15:50:00]

(COMMERCIAL BREAK)

SANCHEZ: Now to some of the other headlines we're watching this hour.

The U.S. Ambassador to Russia met today with jailed "Wall Street Journal" reporter Evan Gershkovich. Ambassador Lynne Tracy says that Gershkovich continues to appear in good health and remains strong despite the circumstances. He's been detained since March on espionage charges which he denies.

Back here and the United States, a judge in Montana has handed a major victory to young plaintiffs in the nation's first ever constitutional climate trial. The court ruled that young people in the state have a constitutional right to a healthy environment. And that the state's failure to consider climate change when evaluating new projects was causing harm. The case could have legal reverberations for other climate litigation.

And 23-time Grand Slam champion Novak Djokovic is back in the United States. He's set to play in his first match tennis match here since the 2021 U.S. Open. You might remember, the was denied entry last year because he refused to take a COVID shot and noncitizens were required full vaccination status to enter the country at that time. Djokovic is set to compete tomorrow morning at the Cincinnati Open -- Jim.

SCIUTTO: Where you live could increase your risk of dementia later in life. A new study found that people living in regions with air pollution linked specifically to wildfires and agriculture were more likely to develop dementia than people who did not face that same exposure. CNN medical correspondent Meg Tirrell, she's been following the story. So this is interesting, pollution specifically from wildfires and agriculture and not say from factory emissions. Why exactly?

MEG TIRRELL, CNN MEDICAL CORRESPONDENT: Yes, Jim, you know, this is one of the first studies they think that actually looked at these specific sources of exposure to this fine particulate matter. And they did find the most robust connections between agriculture and wildfire. Living in areas where there's pollution from those kinds of sources.

Now in terms of agriculture, the theories include the fact that this is a source of ammonia, also the use of pesticides. That could potentially contribute to some of this potential health risk we're seeing here.

And with wildfires, they're seeing that, of course, they're becoming more frequent and more destructive and the way that they burn is just in this completely uncontrolled manner. So you're burning a lot of different chemicals. And that fine particulate manner we know can have a lot of troublesome health effects. And this is really concerning because according to the World Health Organization, 99 percent of the global population breathes air that exceeds the quality limits that the W.H.O. has set. So there's a lot of air pollution of course out there.

SCIUTTO: And one thing we're learning about wildfires today is that wildfires many thousands of miles away can impact where you live as the jet stream carries that towards you. Is there anything that people can do to protect themselves?

TIRRELL: Yes, so course there are these sort of systemic questions of regulations and improvements in technology. But beyond that, on a personal level of the things we've been talking about for wildfires for a while now, getting indoor air purifiers can help. And if you go outside and you know it's a bad air quality day, wear a high quality mask. Those are the kinds of things that could solve the problem.

SCIUTTO: The basics are often. Meg Tirrell, thanks so much -- Boris.

SANCHEZ: It already helps people start their day. But now Dunkin' Donuts is releasing a product to help end your day. A boozy brunch perhaps? We'll be right back.

[15:55:00]

(COMMERCIAL BREAK)

SCIUTTO: So the rumors are true. He told me this. Dunkin' Donuts announcing it's turning two of its most popular drinks into boozy beverages. Because that's a health thing to do. In the coming week the chain plans to roll out a line of spiked coffees and teas. Dunkin's president says the creations mean, quote, you can start and end your day with Duncan'. A lot of doctors recommend that.

SANCHEZ: Yes, it's a really good idea. I don't know why he's saying you have to end your day after you have one of these drinks. Maybe it could be the start of the day with brunch. But nevertheless, there are going to be four flavors of coffee, four flavors of tea. You can try them all in a variety pack -- which I know you're interested in, Jim.

[16:00:00]

But for now the drinks are only going to be available in a few states. You'll only be able to buy them at grocery, convenience and liquor stores in these 12 states. I don't think -- do we see D.C.? Is D.C. in there?

SCIUTTO: No.

SANCHEZ: Florida is, of course.

SCIUTTO: To be clear, it's exactly what Boston needed.

SANCHEZ: Yes, right, exactly. Hey, thank you so much for joining us this afternoon. We hope you

enjoy your boozy brew if you're having one.

"THE LEAD" with Jake Tapper starts right now.