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Today: Crucial Hearing To Determine When GA Trial Will Begin; Secretary Of State Antony Blinken Makes Surprise Visit To Kyiv; McConnell Expected To Address Health During Closed-Door GOP Meeting. Aired 9-9:30a ET

Aired September 06, 2023 - 09:00   ET

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

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[09:00:32]

JOHN BERMAN, CNN ANCHOR: History in the courtroom today. And for the first time, we will see it. Cameras inside as the judge hears arguments in one of the criminal cases against Donald Trump.

KATE BOLDUAN, CNN ANCHOR: A surprise visit and a major show of support. Secretary of State Tony Blinken on the ground in Ukraine and meeting with President Zelenskyy. Blinken's message for Ukraine and also for Americans back home.

SARA SIDNER, CNN ANCHOR: We are burning up. This summer we're experiencing the hottest temperatures ever recorded in human history. Is this the new normal? I'm Sara Sidner with the masterful Kate Bolduan and John Berman. This is CNN News Central.

BERMAN: Later today, an historic first in the various criminal cases against Donald Trump. Cameras will be on in the courtroom. So we can all see the proceedings inside. And that means voters can see. This will be in Georgia where a judge will hear arguments about whether a trial should start as soon as next month, October 23rd, and whether Trump's case should be severed from some or all of his 18 co- defendants. That's what Trump wants, along with a much later trial, as speculation swirls over whether any of his co-defendants might turn on him.

With us now CNN's Paula Reid, who has been following all this. Paula, what are we going to see in just a few hours?

PAULA REID, CNN SENIOR LEGAL AFFAIRS CORRESPONDENT: Well, it's significant. We're going to be able to see this entire hearing. And while it's about scheduling and logistics, not necessarily the most exciting topics, here in this case, they take on a true significance because we know that the central tension in all of the Trump related criminal cases is timing. He wants to try to push all these cases back until after the 2024 election. But prosecutors are keen to move these things along as quickly as possible.

Now, today, they're focused not only on scheduling, but also the possibility of breaking this case up into smaller cases. They've asked the district attorney to come with a good faith estimate of just how long it's going to take for her to put on a trial with 19 defendants. Already several people charged in this case have asked to separate or sever their case, from the rest of the group in the hopes of getting a faster trial.

The district attorney insists she wants to try everyone at once. So the judge is going to have some questions about exactly how that's going to work, how long it's going to take. And he's also said that he wants to hear what she thinks would be the consequence if they did maybe break this up into some smaller groups. So shout out to the state of Georgia for the fact that there will be cameras in the court, which will allow anyone who is curious about what's going on here, the process, to tune in and see how this is working.

This is not an opportunity that taxpayers are afforded, of course, at the federal level, where the former president faces to criminal cases.

BERMAN: Here hear for cameras. And I don't know about you, but I actually do find logistics and scheduling thrilling. It will be very interesting to see it all play up before our eyes today.

On a separate matter and one that we will not see because it has to do with federal court. We could hear soon, very soon, you know, hours about whether Mark Meadows case will be moved from this state court to federal court.

REID: That's right. Any moment now we'll get a decision on this. And here the former White House Chief of Staff is arguing that everything that he is alleged to have done here he did in his capacity as the White House Chief of Staff. And his lawyers argue that because of that that should be moved to federal court where there are laws that actually protect federal, certain federal workers from state level prosecutions.

They're also confident that if they can get it moved to federal court that they will be able to get the case against Meadows dismissed. Now, it's not clear he's going to be successful. But whatever happens here will have ripple effects. Because I know in speaking with my sources, other defendants and their attorneys in this case, they're watching to see what happens with Meadows because they believe Meadows has the strongest shot of anyone besides maybe the former president successfully removing his case to federal court. They're like, look, if it doesn't work for him, we're not even going to try for our client.

BERMAN: And again, a decision on that could come at any minute. So keep us posted. Paula Reid, great to see you. Thank you very much. Kate, Sara?

BOLDUAN: And joining us now to talk about much more about this is former federal prosecutor, Danya Perry. It's great to see you again, Danya. So today, this hearing live in front of the cameras broadcast out, what will you be listening in for?

[09:05:09]

DANYA PERRY, FORMER ASST. U.S. ATTORNEY, SOUTHERN DISTRICT OF NEW YORK: Well, in some ways, it's just an everyday kind of a scheduling conference. But this one obviously has a lot of complexity and intricacies to it. The kind of everyday piece of it will be how long the government anticipates its trial to last, with different configurations of defendants, how many exhibits they'll have, how many witnesses and the like.

Actually, I'm quite curious to see what the district attorney has to say about that, given that her last RICO trial lasted for, I believe, eight months, and it was months long to even select the jury. But then, of course, there's all this what you could call infighting or conflict between the classes of defendants, some of whom are looking for a speedy trial, others of whom are looking to push it back. And so there'll be questions of different trial dates, whether the judge will grant certain of them a speedy trial, it seems he will. And then whether or not he'll sever those cases. So there's actually a lot in contest and that will be very telling for the rest of the trial this afternoon.

SIDNER: Danya, can you give us a sense of what this is like for the prosecution when you have several people asking for a speedy trial? Do they even have the numbers to try and deal with this? They could all be happening in a very similar timeframe.

PERRY: It could be very complicated. DA Fani Willis says that she does have the resources. She does have the man and woman power. She could go forward on October 23rd, against all 19 defendants. That is impossible. I cannot imagine a world I should say it's highly unlikely it's hard to conceive of this judge ordering the other defendants who would like to push this off. It's hard to see him forcing them to go to trial next month.

So she may have to do this trial, very complicated trial in stages. And of course, that will be very taxing on her office's limited resources. And it's hard to see that happening even though certain of defendants, Sidney Powell and Kenneth Chesebro, are asking for this early trial date. They could also change their mind, once they have the full breadth of discovery, which is said to be somewhere in the order of magnitude of two terabytes of information or some 150 million pages. Maybe they think they want that now, it might change their minds later.

BOLDUAN: So there's also then the Mark Meadows factor in all of this, he's still waiting to hear, as Paul Reid was just laying out, to hear from the federal judge if his case is going to be moved out of Fulton County and into federal court. If that happens, does that upend all of this what we're just talking about here? I mean, does the Fulton County Superior Court Judge then need to head back into court and figure something else out?

PERRY: It could be I happen to think and I've written about this. I don't think that Mr. Meadows has the better of that argument. Although, as you said in the introduction, he has a better argument than some of his co-defendants, because in some ways, of course, everything that away, he's chief of staff does could be said to be under color of his office or federal law. But I think here when you're talking about intruding into the counseling and tabulation of ballots, that is not something that is typically within the executive branch. So I think that's a long chain of argument. But if he does win, it could upend very much of what's happening in state court, it could well be that some or all the defendants are then removed as well to federal court. So that will introduce a whole other layer of complexity yet to be told.

BOLDUAN: For sure, which means standby to standby. It's good to see you Danya, thank you so much for coming in.

And there also -- a programming note for everybody, CNN is going to be carrying this hearing that we're talking about at 1:00 p.m. This hearing we will be carrying it live special coverage this afternoon begins at 1:00 p.m. Eastern. John?

BERMAN: You can see it with your own eyes. Due this morning, Secretary of State Antony Blinken making an unannounced visit to Kyiv, the first Cabinet Secretary to visit since the Ukrainian counter offensive began. The Secretary will meet with President Volodymyr Zelenskyy and deliver remarks at a press conference this afternoon.

The visit comes as a new CNN poll shows that a majority of Americans do not support increased U.S. aid for Ukraine. Overnight, Russia launched a barrage of missiles at the capitol city, a reminder that Blinkin is in the middle of a war zone. CNN national security correspondent Kylie Atwood is at the State Department and CNN's Melissa Bell is in Kyiv. Kylie, first to you, what does the Secretary want to get out of this trip?

KYLIE ATWOOD, CNN NATIONAL SECURITY CORRESPONDENT: Well, listen, he said it in his own words today as he has been talking throughout his events in Kyiv saying this is all about reaffirming U.S. commitment to Ukraine, continued commitment to Ukraine militarily to make sure that they succeed on the battlefield, but also to building up a strong democracy, building up a resilient economy as they have faced this barrage of attacks from Russia over the course of the last year and a half or so.

[09:10:22]

The timing of this trip is critical to look at for a few reasons, John. You know, first of all, senior State Department officials think that this trip will help them make the case to the Americans about this need for continued support, not just making that commitment to the Ukrainians, but to the American public, because there has been some softening in the American public support in some polls, including CNN's poll.

And it also comes, you know, just a few weeks after President Biden put forth a new proposal for $24 billion in additional funding for the war. We'll see how that plays out in Congress. And later this month, there's the U.N. General Assembly. And so senior State Department officials say that Blinken is looking to meet with the Ukrainians and align with them about what their message is going to be on that world stage when world leaders gather in New York later this month, what are the Ukrainians asking for.

And of course, it comes at this critical moment, as Ukraine is heading into the fourth month of this counter offensive. And we know that Blinken feels that he will be able to learn more about how that counter offensive is going by being there on the ground. What he wants to hear from the Ukrainians is how they plan to continue carrying out that counter offensive in the weeks to come.

BERMAN: And Melissa, what is the situation on the ground as we sit here this morning? And what does President Zelenskyy want out of this?

MELISSA BELL, CNN CORRESPONDENT: Well, if ever a reminder, we needed, John, of what is happening in this country. It came overnight, as you mentioned a moment ago here in Kyiv fresh ballistic and cruise missile strikes on the Ukrainian Capitol that were intercepted by Ukrainian anti -- air defense systems, even though some of the debris caused some damage here in the Capitol.

But what we've been hearing just in the last few moments is of a deadly attack on civilians. Once again, it's just a village that is not very far from the front line from Bakhmut within striking distance certainly. Sixteen civilians, including one child have just died, John, in an attack on a market in a town that is not very far from there in Russia and shelling.

An important reminder, I think, even as Secretary of State is here of exactly what is happening to civilians all along the front line, that line -- that is remember more than 1,000 kilometers long. So a lot of civilians on that front line, many more have just today paid the price. And I think that is the important context in which Secretary Blinken is coming he's going to be meeting with President Zelenskyy.

And it is of course, all about selling this again to the American people when he gets back. But it is going to be also about seeking some of the reassurances that his administration is looking for about the fight against corruption, the ability of this country to meet its the obligations as it seeks to join NATO, the European Union and to move on from the past. So an important visit that comes at a critical time, of course as ever, amid more destruction at the hands of the Russians, John.

BERMAN: All right, Melissa Bell, Kylie Atwood, thank you both very much, 16 dead in that attack, according to Melissa Bell right there. A reminder that civilians very much the victims here. Sara?

SIDNER: The war is still very much ongoing.

All right, a new warning from the hard right flank to House Speaker Kevin McCarthy this morning, impeach President Biden or lose your job. We'll talk about that fight coming up.

And convicted murderer Alex Murdaugh's attorneys leveling new allegations against the court clerk in the case claiming something she did means Murdaugh should get a brand new trial all the twists and turns on that case is also coming up and Republican presidential candidates are making their pitch in New Hampshire. We're there and asking voters are in search for something new or a 2020 repeat.

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UNIDENTIFIED MALE: They were attacking him constantly. How can anybody do a good job? I mean, he did. But he was constantly attacking was all fake.

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SIDNER: Senate Minority Leader Mitch McConnell is expected to address his health during a closed door conference meeting with colleagues today. This comes after a pair of recent incidents where McConnell froze for several seconds while speaking to reporters. It's sparking some serious concerns from some within the GOP about his future.

Let's bring in CNN Capitol Hill reporter Melanie Zanona. Melanie, today's meeting comes as the Capitol's attending physician clarify that there is no evidence that he had some sort of a stroke or a seizure. What more can you tell us about what we might hear or what some of the members of the GOP may hear today?

MELANIE ZANONA, CNN CAPITOL HILL REPORTER: Yes, that health update was actually part of a letter that McConnell's Office released as part of this bid to try to tamp down speculation about his health and his political future. And most Republicans that we talked to yesterday said they are satisfied with that assessment and that they have no concerns about his fitness to serve.

But there were several Republicans who are openly expressing concern about his ability to lead. They say they're not sure if they can support him again for leader the next time he runs. And they're also casting doubt on what the Capitol physician said. Let's take a listen.

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SEN. TOMMY TUBERVILLE (R-AL): Since you fail, now, he's a struggle, and I hope he can continue.

SEN. RAND PAUL (R-KY): I think it's an inadequate explanation to say this is dehydration.

SEN. MITT ROMNEY (R-UT): The reality is that we may expect that Mitch McConnell will check out for 20 seconds a day.

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ZANONA: Now McConnell is expected to address the topic of his health at a closed door lunch with his Republican matters later today. And then after that he is going to be delivering his weekly press conference in front of cameras in front of reporters a very similar episode or setting to where he experienced those last freezing episodes. So his performance no doubt going to be very, very closely watched. Sara?

[09:20:06]

SIDNER: I would be remiss if I didn't ask you about another issue. So House Speaker Kevin McCarthy is facing some threats from Matt Gaetz. About whether or not he is going to go forward and impeach President Biden. What do you know about that?

ZANONA: Yes, so Kevin McCarthy facing his own unique set of challenges and headaches as they return to Washington next week. Speaker Kevin McCarthy not only has to figure out how to fund the government without angering conservatives, but he also has to figure out how to deal with these growing calls from members on the right to start impeaching President Joe Biden.

And Congressman Matt Gaetz, one of those members on the hard right, said that he's done waiting round and that he is going to try to force a floor vote on impeaching President Biden. And he also threatened McCarthy's speakership if Kevin McCarthy stands in the way. So it really puts McCarthy in a difficult spot because even though he has said he is willing to eventually go that route, he also has a number of moderate members who say they are still skeptical or downright opposed to impeachment. So he has a lot to figure out in the weeks ahead, Sara.

SIDNER: He has been between a rock and a hard place and he finds himself there again. Thank you so much. Melanie Zanona live for us on Capitol Hill. John?

BERMAN: John. Yes, Sara.. I want to read the actual tweet from Matt Gaetz that has caused this stir in the House. He wrote, quote, we got to seize the initiative. That means forcing votes on impeachment and if Speaker McCarthy stands in our way, he may not have the job long, so not really a veiled threat at all.

With us now Time national political correspondent, Molly Ball. I want to talk about Matt Gaetz and these others threatening Kevin McCarthy. Are they the boys who cried vacate, which of course is the formal phrase before we have to do to kick them out a speaker, vacate the chair? Do you think that they would really do this force McCarthy out?

MOLLY BALL, CNN POLITICAL ANALYST: You know, I think I think you've put your finger on the issue, which is that this is a sort of nuclear option, and it can only be used once. If they trigger the motion to vacate, you know, with this extremely narrow majority, Kevin McCarthy can't take anything for granted. And we've seen, you know, since those -- that first series of late night votes that eventually delivered him the speakership. He has been engaged in in a real high wire act, and he's managed to do it successfully.

But for his detractors on the right, they have to know that if you come at the king, you best not miss as a wise man once said, right? If they trigger this option and it doesn't work out, it looks like a paper tiger going forward. And so it works better as a threat than an actual practice. And if it were to succeed, obviously, it would throw the entire House into chaos with really unpredictable consequences. So they're wielding this threat, hoping that they will get McCarthy to go along with it. And it's not clear how he'll get himself out of this not just one jam, but several jams as Mel laid out.

BERMAN: Well, several jams, right, because so how tight is that needle that he has to thread or maybe the head of the needle that needs to be threaded exactly there, if I'm going to use the metaphor correctly. You know, there's the impeachment issue for President Biden. But there's also this government shutdown looming in just a few weeks here. Does McCarthy really have any flexibility?

BALL: He doesn't have a lot, right? He has just a couple of votes to spare. When he was able to get that deal to raise the debt ceiling earlier this year, it passed with more Democratic than Republican votes. And if he goes that route, again, it's going to increase the complaints on his right wing, who don't like to see him doing deals that way. But so far, he's managed to sort of outrun the problem. He's been able to push off until another day, all of these difficulties, and we may see him pull a rabbit out of a hat again.

But as you said, you know, there's this September 30th government funding deadline, the Senate is increasingly in a bipartisan manner, ganging up on the House to say, you know, we've done the work, you guys need to do your part here. And then there are several other must pass bills that he's going to have to deal with.

BERMAN: And to be clear, he doesn't really have allies in the Senate. The Senate is going to get its version done with some Republican support seems. Very quickly, a policy issue, the deficit, estimates are coming in, that the deficit for fiscal '23 is going to be twice what it was in fiscal '22, you know, $2 trillion. How will that influence maybe not just what we see in Congress, but the campaign?

BALL: Well, in on the campaign, I think you already have all of the Republican candidates talking a lot about fiscal discipline, and I think it is giving ammunition to some of the house conservatives who have said that they want to trim spending by even more than was agreed upon in that debt ceiling bill. So this is a conversation we're going to hear more on as these negotiations are underway on Capitol Hill.

On the other hand, as you just said, you know, Senate has passed these funding bills in a bipartisan manner so you have Republicans and Democrats in the Senate putting pressure on the House, putting pressure on the House Republican majority not to gum up the works and shut down the government.

[09:25:14]

BERMAN: Molly Ball, great to see you. Thank you so much.

BALL: Thank you.

BERMAN: Kate?

BOLDUAN: Coming up for us and escaped killer has now been on the run in Pennsylvania for basically a week. Schools are again shut down today because of it and we just got some brand new information about how he escaped, we have much more ahead.

Also convicted killer Alex Murdaugh, he wants a new trial, the wild allegations of jury tampering by a court official that his attorneys say that they've uncovered so what does this mean for Murdaugh's double murder conviction. We'll be back. Creeping up.

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