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Interview With Pentagon Deputy Press Secretary Sabrina Singh; New Developments in Georgia Election Case; Secretary of State Visits Ukraine. Aired 11-11:30a ET

Aired September 06, 2023 - 11:00   ET

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

[11:01:48]

JOHN BERMAN, CNN HOST: A stinging setback for Donald Trump in a civil case just moments ago. And, very shortly, there will be cameras in the courtroom in one of the criminal cases against him. For the first time, we will see inside.

SARA SIDNER, CNN HOST: And next hour, we will hear from Secretary of State Antony Blinken just hours after he showed up for a surprise visit to Kyiv in a major show of support for Ukraine.

BOLDUAN, CNN HOST: The hottest summer on record, that is what the new data shows, as scientists are tracking the temperatures around the globe, and now they're warning of what this means could come next.

I'm Kate Bolduan, with Sara Sidner and John Berman. This is CNN NEWS CENTRAL.

BERMAN: All right, breaking just moments ago, a judge made a ruling in E. Jean Carroll's second civil case against Donald Trump. The judge ruled essentially that it is already settled that Trump defamed and sexually assaulted Carroll. The trial in January will be used to only determine damages.

Also, very soon, an historic first in one of Donald Trump's criminal cases. Cameras are about to be rolling inside an Atlanta area courtroom in Georgia. We will see and hear the judge overseeing the election subversion case, and we will get our first look at these proceedings.

Let's get right to CNN's Nick Valencia, who is outside the court.

Nick, give us a preview of what we will, for the first time, see with our own eyes.

NICK VALENCIA, CNN NATIONAL CORRESPONDENT: Yes, good morning, John.

Today will be a big test for district attorney Fani Willis. Will she be able to charge all of these 19 co-defendants together or will this case be divided? And adding to the drama of today, as you mentioned, John, is that this will be broadcast live.

Unlike past hearings for Trump, his federal hearings and his New York charges, this will be broadcast. And, initially, Wednesday was expected to be a really busy day, with several hours of arraignment hearings. But as of 1:30 yesterday, all of these 19 co-defendants had waived their arraignment and pleaded not guilty.

So, instead, today's main event will go down at 1:00 p.m., with Judge Scott McAfee considering motions from former pro-Trump attorney Ken Chesebro and former campaign attorney Sidney Powell in their efforts to sever not only their case from the other co-defendants, but from each other.

It was last week that Chesebro's attorneys filed a motion saying that he should not have to be tried alongside Sidney Powell. Both are asking for a speedy trial, by the way, that he should not be -- have to -- tried next to Sidney Powell because they're not accused of operating the same scheme.

Meanwhile, Powell's attorneys are arguing that Powell, the only way that -- for her to receive a fair trial is for her to be charged alone, so both of these individuals asking for speedy trials. You know that the former president, along with Ray Smith and John Eastman, former Trump attorneys, they're asking for a delay in their trial.

The judge also today will consider and will be expected to ask, I should say, Fani Willis, how long it will take prosecutors to try all of these defendants together, or if their cases are divided.

So, a big test today for Fulton County's district attorney, Fani Willis -- John.

BERMAN: And, again, just to emphasize it once again, for the first time, we will see it for ourselves. There will be cameras inside that courtroom.

[11:05:05]

Nick Valencia, thank you so much -- Sara.

SIDNER: And joining us now is Clark Cunningham, Law Professor At Georgia State University, and Amy Lee Copeland, criminal defense and appellate attorney.

Thank you both for joining us.

Clark, let me start with you. When you look at the fact that there are going to be cameras inside of the court, this will really be our first look at how this case is going to play out. We are just getting the normal scheduling times.

But tell me how significant it is that cameras are in the courtroom for the public at large to see all of this happen.

CLARK CUNNINGHAM, GEORGIA STATE UNIVERSITY: Well, it's great.

Georgia has a strong policy favoring information, that the public have full information about what goes on in the court. So we have in Georgia a very strong policy in favor of, among other things, cameras in the courtroom. There are exceptions, of course, very different than federal court.

So that would be a difference. If one or more of these defendants ends up having their case tried in federal court, we won't see what's going on.

SIDNER: Right.

CUNNINGHAM: But this is a great thing as a first step. But I think it's very important for the American public to see what's going on.

SIDNER: A lot of people arguing that, for misinformation and disinformation, if it's played out in the public sphere, you can see exactly what goes on, and there's not a whole lot of people that can make up fodder.

Now to you, Amy Lee Copeland.

I am curious what you think. I mean, obviously, defendants get a speedy trial. That is part of the law. It is their right. But do you think they can actually go forward this, with so much evidence that they have to comb through in these cases, terabyte of evidence?

AMY LEE COPELAND, CRIMINAL DEFENSE AND APPELLATE ATTORNEY: Sara. I believe the discovery noticed by the DA actually said it was going to be two terabytes of evidence.

And Mr. Chesebro and Ms. Powell have exercised their right to a speedy trial. It's a very specific Georgia statute. Their trials have to begin by November 3, or they get acquitted. So the judge has set them for October 23, at least for Mr. Chesebro.

They -- the DA certainly can go. Whether the defendants are going to be ready to go and have time to analyze the two terabytes of evidence is going to be a different story. I know that the DA filed a motion a week or two ago saying that she really had no obligation to give it to them until 10 days before trial.

But Judge McAfee has entered a scheduling order, at least for Mr. Chesebro, making the discovery disclosures due within a couple of weeks, on September the 20th. So they will have some time to analyze it, but at least two defendants think they will have ample time and can go to trial before the November 3 deadline.

SIDNER: OK, Mr. Cunningham, when you look at this case, and as a law professor, what stands out to you?

There are 19 defendants, and you have a couple of people saying, hey, we want this speedy trial. If those -- speedy trial goes forward, what does this do for the other defendants?

CUNNINGHAM: Well, let me just add a footnote to what Amy said.

So, yes, district attorney Willis filed something that asked Judge McAfee to tell defendants that we're having a speedy trial, that they would have limited rights. He denied that request and said that his scheduling order is going to take precedence. So that's an important point.

I actually think -- and I understand what Amy has said, but I don't think it's beyond the realm of possibility that Judge McAfee is at least going to start with the premise that all 19 defendants go to trial on October 23.

SIDNER: Wow. I mean, if that does happen, Amy, 19 defendants, the prosecution in this case has a heck of a job to do.

Is it even possible or remotely possible that she can try, that Fani Willis and her team can try all of these people all at once?

COPELAND: Sara, she says that she can. The DA's office has at least 100 assistant district attorneys. That would be my best guess.

She has been investigating this case for two-and-a-half years. All of her ducks will be in a row. If she tells the judge she can try it, I have no doubt that she can try all of these defendants at once. In terms of the size, within a few years ago, she did try 11 or 12 Atlanta schoolteachers and principals in the cheating scandal in a RICO case all at once.

And in terms of RICO, this is actually kind of a small indictment. The Fulton County grand jury last week returned a 61-defendant RICO indictment that will be handled by the state's A.G. office.

SIDNER: I think one of the big things, though, the big questions that people have is the jury.

And now to you, Mr. Cunningham. To find a jury in this case, obviously, everyone's heard of Donald Trump, but they might not have heard of some of the other defendants in the case. How difficult do you see it being to actually be able to get a jury of their peers in this case in Georgia?

CUNNINGHAM: Well (AUDIO GAP) someone (AUDIO GAP) doesn't know who Donald Trump is.

But it's going to be a question. I mean, when judges ask potential jurors, can you set aside what you know, can you set aside your feelings and render a fair and impartial verdict, and if a potential juror says yes, they're likely to be seated unless they're struck by one other side or the other without for cause.

[11:10:15]

So it's going to be a challenge, but I think that a jury will be seated.

SIDNER: Amy, do you have any sense of how long that process might take? Because, in some of the other cases, it's taken quite a long time to get a jury.

COPELAND: There is a gang case -- and I think this is what you're talking about, Sara -- that's in its eighth month of jury selection.

SIDNER: Yes. Yes.

COPELAND: I don't know how long this will take. It'll probably take longer than anybody wants it to take. And I think that's the only assessment I can make.

The tools in the judge's quiver are going to include things like jury questionnaires. The parties will likely come up with jury questionnaires that are sent out in writing where they can do some selection of jurors, they can automatically bounce out people or do some investigation, just social media posts, if they're public, and see if they have come out on one side or the other.

That can be a pretty effective tool to weed out people that are just automatically disqualified because they have strong feelings one way or the other. But, as the professor noted, the goal is to find a fair and impartial jury, not to find a jury that knows nothing about the case.

SIDNER: That is a really good point.

Amy Lee Copeland, we are going to hold it there. Clark Cunningham, thank you so much.

CUNNINGHAM: Thank very much, Sara.

SIDNER: I think maybe I should come over to try and take a class with you as this is all going down.

We appreciate you both -- Kate.

(CROSSTALK)

BOLDUAN: Moments ago, Secretary of State Tony Blinken meeting with Ukraine's President Zelenskyy. And he just spoke. Let's listen in.

(BEGIN VIDEO CLIP)

ANTONY BLINKEN, U.S. SECRETARY OF STATE: As you mentioned, this is my fourth visit to Ukraine since the renewed Russian aggression in 2022.

And I, as always, am so struck by the courage and strength, the resilience of the Ukrainian soldiers, the Ukrainian people and Ukraine's leaders.

We are determined in the United States to continue to walk side by side with you. And President Biden asked me to come to reaffirm strongly our support, to ensure that we are maximizing the efforts that we're making and other countries are making for the immediate challenge of the counteroffensive, as well as the longer-term efforts to help Ukraine build a force of the future that can deter and defend against any future aggression, but also to work with you and support you as you engage in the critical work of strengthening your democracy, rebuilding your economy.

I know you were just on the front lines. And we're all ready here to hear your assessment, but, certainly, we see the important progress that's being made now in the counteroffensive. And that's very, very encouraging.

(END VIDEO CLIP)

BOLDUAN: Important progress being made in the counteroffensive, the secretary says.

Now, the secretary arrived overnight for this unannounced visit to Ukraine. He's also expected to take questions from the press coming in the next hour. Blinken's visit is the first for a U.S. Cabinet secretary since Ukraine kicked off its counteroffensive.

And, since then, there has been growing concern quietly among American officials and beyond that the counteroffensive is not going as well as hoped, as quickly has hoped.

And we just got also new video in of a deadly attack in Ukraine. You see it there. This morning, at least 16 Ukrainian civilians were killed in a Russian strike in the Eastern Donetsk region.

Joining me now is CNN contributor, former CNN Moscow bureau chief Jill Dougherty. She's an adjunct professor at Georgetown University.

It's good to see you, Jill.

So we have heard from Tony Blinken there reaffirming the American support. Determined to walk side by side with you, he says. But what are you going to be listening for when Blinken speaks at this press conference at the top of the.

JILL DOUGHERTY, CNN CONTRIBUTOR: I think he pointed out the main things, military support.

He will be bringing money again for the Ukrainians to beef up their forces. He's bringing, obviously, with his presence, political support. But he also had that phrase that we just heard, strengthen your democracy.

And I think that is going to be pretty close to the top, because we just had the situation where Zelenskyy changed his defense minister precisely, it appears, because of the corruption that is ongoing in the Defense Ministry. And that is eating away among average Ukrainians, as well as the world, in support for Zelenskyy and his government.

[11:15:01]

So I think that will be -- they will probably -- Blinken will say it diplomatically, as you might expect, but strengthening democracy, cutting down and ending corruption, if there's any way, is really crucial.

BOLDUAN: The reason we know for -- the Blinken visit is, one, to show support, as we have continued to watch -- continue -- as we have just heard, but, also it has been mentioned, a need to coordinate ahead of the U.N. General Assembly later this month. We have heard that ahead of the visit and on their way over from U.S.

officials. Why is that coordination needed? Why is that so important right now?

DOUGHERTY: There are two things at play.

You have got, obviously, what's happening with the military, and that is a counteroffensive and going more slowly than some Western countries might want. And then you have the political side, and that is keeping allies together. And even countries that are not specifically allies, but from the developing world who have in several votes at the United Nations stuck up for Ukraine, but they're not really coming out fully.

You have to keep everybody, or at least the West, the United States has to keep everybody fully on board, because, if you look at what Putin's strategy is, certainly, it's military. He doesn't need a lot of sophisticated weapons. He's throwing everything he can. We just heard about North Korean weapons and ammunition.

And then he -- Putin believes that he can just kind of outlast the other side, that alliances will fall apart, that inside the United States, support for Ukraine will weaken. And Putin's idea is just continue as long as you can and wait for that to happen. That's what the United States is trying to avoid.

BOLDUAN: Jill, let me ask you -- you're kind of getting to it -- this could present itself is quite a split screen, Tony Blinken in Ukraine standing side by side, if you will, with President Zelenskyy, also meeting with the foreign minister, just as, as you're kind of alluding to, we have these reports and this new intelligence suggesting that North Korean leader Kim Jong-un could be headed to Russia to meet with Vladimir Putin over a possible arms deal.

What do you see in that? What does it say about Russia's status with this war?

DOUGHERTY: Well, I think the fact that Russia, just on a diplomatic level, is dealing with friends like North Korea and Iran, I would think is probably pretty galling behind the scenes for the Foreign Ministry of Russia, which prided itself on having relations with many countries, and now their best buddies are North Korea and Iran.

But Russia needs them. Putin needs Iran for drones and he needs North Korea for anything he can get his hands on, in terms of military equipment and especially these arms and ammunition. So, it's just another indication of where Putin has to grab whatever he can at this point to keep the war going.

BOLDUAN: Jill Dougherty.

Great to see you, Jill. Thank you so much -- John.

BERMAN: All right, top military leaders lash out against a Republican senator for his hold on senior military nominations. They say he's aiding communist and autocratic regimes. Alex Murdaugh's lawyers are levering some wild accusations against a

court official who they say tainted the jury even before the first vote was cast. Now they are demanding a new trial.

And Vice President Kamala Harris, asked about the various trials against Donald Trump, her answers notably different than what President Biden has been saying.

(COMMERCIAL BREAK)

[11:23:24]

BERMAN: All right, there's breaking news just into CNN.

The United States is expected to announce a military aid package that, for the first time, will include depleted uranium munitions. This is a military aid package going to Ukraine. It will include depleted uranium munitions. That is according to a U.N. official.

With me now is Deputy Pentagon Press Secretary Sabrina Singh.

Sabrina, great to see you.

And, look, these depleted uranium rounds, they can pierce armor plates like those found on tanks because they're made of a highly dense metal, but they are mildly radioactive. So what do you say to those who suggest, A, this is an escalation in the type of weaponry being sent to Ukraine, and, B, what about the environmental concerns?

SABRINA SINGH, PENTAGON DEPUTY PRESS SECRETARY: Well, thanks, John, for having me. It's great to be with you again.

I'm not going to get ahead of any announcements that the Pentagon hasn't made yet today, but what I will say is, these rounds are standard use in the tanks that not only the U.S. uses, but that we will be providing the Ukrainians. And if they are included in the packages that are coming forward in the coming -- today or in the coming weeks, we have absolute confidence that the Ukrainians will use them responsibly as they fight to take back their sovereign territory in the east and the north as well.

BERMAN: All right, let me ask you about the situation with Senator Tommy Tuberville, who has blocked hundreds of routine military nominations and promotions. These are not political appointments. These are routine military promotions and nominations.

Our Jake Tapper had an historic interview with the heads of three military services yesterday. And they said that Tuberville's actions are aiding communist and autocratic regimes.

[11:25:03]

How?

SINGH: Well, these actions -- by holding up our nominees that are, as you said, standard and apolitical, we're sending a message not only to our allies, but our adversaries as well.

In a place like the U.S. military, where orderly transitions are exactly how we thrive and how we transfer from one position to another, it is important to have our Senate-confirmed leaders in these positions. And, right now, because of Senator Tuberville's hold, you have three services that are going without Senate-confirmed leaders. And that's the Army, the Navy, and the Marine Corps.

And at a time -- again, when you were just talking about Ukraine, at a time when we have the growing threat of Russia and Europe and our pacing challenge in the East with China, we need our Senate-confirmed leaders in these positions to not only lead, but to work with our allies and partners around the world to protect U.S. interests at home here and abroad.

BERMAN: So, Senator Tuberville is blocking all of this because he objects to the Pentagon policy of reimbursing service members and their families who need to travel for reproductive care.

And when confronted with the words of the service secretaries, Tuberville says he's not letting up. Listen.

(BEGIN VIDEO CLIP)

SEN. TOMMY TUBERVILLE (R-AL): I'm not budging. I have already told them that. If I thought I was really harming our military, I wouldn't be doing this.

(END VIDEO CLIP)

BERMAN: So how does this end? And is there any utility that you see in having the Senate maybe try to confirm one or two or a handful of these nominations through regular order, which can be done, but it takes more time?

SINGH: Well, I just want to take a step back and just acknowledge the fact that the senator said that, if he doesn't think this was harming our military, he wouldn't be doing it.

The fact of the matter is, is, it is harming our military. You had our three service secretaries out yesterday in an op-ed, and, as you mentioned on with Jake Tapper, talking about how these holds impact our readiness, how they impact military families at home, here, all across the world, and even in Senator Tuberville's home state.

So while I can't predict how the Senate will proceed on how they plan to move forward with our nominees, what I can tell you is that, every day that these holds go on, every day, it is impacting our readiness all around the world. And so we are incredibly focused and determined to work with our Senate colleagues to make sure that they understand the impact this is having.

And it's unfortunate that someone that sits on the senator Armed Services Committee doesn't understand that, but there are other senators that do, bipartisan support for confirming our nominees, and we're hoping that Senator Tuberville will lift his hold soon. BERMAN: Sabrina Singh, we appreciate you being with us. Thanks so

much.

SINGH: Thanks, John.

BERMAN: Kate.

BOLDUAN: Coming up for us: Alex Murdaugh wants a new trial, and his legal team is accusing the county clerk of tampering with the jury throughout his double murder trial.

What does this now mean for his life sentence? And what kind of trouble could the clerk of court now face?

(COMMERCIAL BREAK)

[11:30:00]