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Now, Trump Jr. in Court to Wrap Up Testimony in New York Fraud Trial; Hundreds of Americans Set to Leave Gaza Through Rafah Crossing; Rep. Mike Johnson (R-LA) Holds First Formal News Conference. Aired 10- 10:30a ET

Aired November 02, 2023 - 10:00   ET

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

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JOHN BERMAN, CNN ANCHOR: Israeli troops converging on Gaza City from multiple fronts, reports of street fighting with Hamas as families await any new information about the 242 hostages taken from Israel.

KATE BOLDUAN, CNN ANCHOR: Minutes from now, Donald Trump's oldest son, Don Jr., going to be back on the stand. Why he says it's all on the accountants, and the former president himself prepares to face questioning as well.

BERMAN: The new song that Paul McCartney has called the final Beatles song ever, it just dropped moments ago. I know I'm dying to hear it.

I'm John Berman with Kate Bolduan. Sara is off. This is CNN News Central.

We got pictures just moments ago of Donald Trump Jr., I think we can show them to you, inside a New York courtroom. He is about to take the witness in the civil fraud trial against his father and the family business. They've already been found liable for fraud. The state has had a data plan how to go after him. His father, by the way, takes the stand next week.

You're looking at the judge in that case right there. Before the day begins each day in this New York courtroom, they let cameras in to take a picture basically of everyone. Donald Trump there sitting at the table, he is about to get on the witness stand.

Let's get right to CNN's Brynn Gingras who is outside the court. What are we expecting to see?

BRYNN GINGRAS, CNN CORRESPONDENT: Yes, John. Listen, we're expecting to see more testimony in regards to those financial statements, the heart of this case.

Now, it was about 90 minutes that Don Jr. was on the stand yesterday, but it really was only the last few minutes of court where he actually got into the questioning, the state got into the questioning of those financial documents. And Don Jr. was very directed in how he answered them. He said, basically, listen, I don't prepare those statements. I never did it. I certainly didn't do it in 2017, and after when his father took office and he had a more expanded role at Trump Organization.

He said, quote, the accountants worked on it. That's what we pay them for. He sort of expanded on that, saying he would have conversations with people within the Trump Organization about the valuation of properties or deals made, but he never knew those numbers were actually going to be reflected on official documents.

So, that's what we expect testimony to pick up, getting into the more nitty-gritty of financial documents with Don Jr.

Now, we don't expect the defense to ask Don Jr. any questions. So, after that, his brother, who was also in the courthouse, but not in the courtroom, will then take the stand.

And the questions might be even more pointed to Eric Trump because his name has actually been invoked by a number of witnesses in this trial so far when it comes to the valuation of properties, particularly in New York and the Trump's golf course properties.

Now, why is it important that these two sons are on the stand? Well, first, they are defendants in this case, but also because you got to keep in mind, John, as you just pointed out, the Trumps and the Trump Org, they're already found liable by the judge in this case, but the state is still trying to prove that all of them work together in this scheme, decades-long scheme of committing that fraud.

[10:05:14]

So, their testimony is important in proving that point for the state's attorneys.

So, we'll see how they take the stand, what kind of questions they are asking, how they answer. They both went pretty jovial, or at least Don Jr. has been jovial on the stand so far. So, we'll see if that continues today, John.

BERMAN: All right, keep us posted. Brynn Gingras outside the courthouse, thanks very much, Brynn. Kate?

BOLDUAN: So, developments abound from New York to Florida now. There are also developments in one of the four criminal cases that are up against Donald Trump. The federal judge overseeing the case of Trump's mishandling of classified documents is signaling that she may push things off.

That trial is currently scheduled for late May. And at a hearing yesterday in Florida, the judge talked about her concerns over that timing.

CNN's Katelyn Polantz is in Florida following all of this for us.

Katelyn, it's all about the calendar. What is the judge signaling here, and how is Donald Trump's team responding?

KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE REPORTER: Well, Kate, Donald Trump's team is all-in on trying to get both of his federal trials moved off of the calendar before the presidential election of next November.

And yesterday, they were here in Florida arguing in that documents case about the handling of Mar-a-Lago just behind me, what happened with the documents there. He's supposed to go to trial on that in May, but they said to the judge, he's so busy and we're so busy on preparing not just for that trial, but his other federal trial in Washington, D.C. around what happened after the election, January 6th, his attempts to hold onto the presidency, that how could we possibly go to trial in May?

And Judge Aileen Cannon here in Florida, she didn't say exactly what she's going to do if she's going to keep that date on the calendar for the May trial in the Mar-a-Lago documents case, but she indicated that she totally understands where they're coming from. She even said, I'm having a hard time seeing how this work can be accomplished realistically in this period of time, the period of time where they're going to be preparing for trial as a defense team.

So, we are waiting to see whether Aileen Cannon, the judge here, is going to move that trial date in the documents case. But then Donald Trump's team, in just hours after that hearing, they went to the judge in D.C., Judge Tanya Chutkan, over the January 6, 2020 election case that he faces, a trial that's set to start in the beginning of May. They asked her to put the entire case on hold.

And so because they have things on the table around presidential immunity, they want the judge to look at whether Donald Trump is immune from that case. Prosecutors hit back pretty quickly telling Judge Cannon here in Florida, look what they're doing. They're trying to manipulate the court. So, we just have to watch to see how these judges are going to respond now.

BOLDUAN: Great to see you, Katelyn. Thank you so much.

BERMAN: Yeah, Katelyn Polantz about to go to three hour tour on Gilligan's Island there.

BOLDUAN: Her alone.

BERMAN: No, she was great. She was great. She was at surfside right there.

We're joined now by CNN Senior Legal Analyst and former U.S. Attorney for the Southern District of New York Elie Honig.

So, Judge Aileen Cannon is the one overseeing the Mar-a-Lago documents case. People remember her because she did give trump favorable rulings right after the FBI did that search at Mar-a-Lago August, I can't even remember, 2021 at this point. It was a long time ago.

So, Elie, talk to me, is this -- people are going to say a Trump judge looking favorably toward Trump or what would the reasons be to delay this?

ELIE HONIG, CNN SENIOR LEGAL ANALYST: So, it could be that but it also could be this judge doing what judges are supposed to do. Judges do have to look out for the constitutional right that any criminal defendant in any case has to adequately prepare his defense. And it's important to understand the timing here.

So, there're two federal cases. First, the one in Mar-a-Lago with the documents case. That one was charged first and Judge Cannon set the trial date of May 2024. Later the other federal judge, Judge Chutkan, in D.C., she sort of undercut that. She set an earlier trial date for the January 6th trial of March 2024. So, we have one trial in March, one trial in May.

The Florida judge in May says, well, you can't put them back-to-back like this. He does have a right to prepare separately for each of these cases because they are completely unrelated and they have completely unrelated facts and completely unrelated defenses. So, it seems like the Florida judge's concern is, is he going to get enough time to protect his constitutional interest to prepare for trial here.

BOLDUAN: Can you move it a little bit or do you need to move it a lot if she's going to do it?

HONIG: Yes. So, that's really interesting. So, the trial is currently scheduled for May. Estimates are it's going to take about two months. But what's looming later in 2024, November, the election. And it is longstanding practice at DOJ, judges observe this too, that you don't want to have a politically-charged trial, especially involving one of the likely two contenders here right on the doorstep of the trial.

So, if you think about May, even if the judge were to push this back, let's say, to start in August, now you're taking it into September, October.

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BOLDUAN: So, if it's not May, it's basically after the election?

HONIG: I think they're on a cliff here. I think if the judge postpones it at all, it's going to have to move until after November.

BERMAN: Elie, if you were Jack Smith's team, if you were the special counsel's team, which case would you prefer go first here?

HONIG: Yes, this is interesting. Here's how I view it. I think the Florida case, the Mar-a-Lago case, has the cleaner, stronger evidence, more easy for a jury to understand. I think it's a better case. The problem, if I'm Jack Smith's team, is your jury pool, because you're going to have to try that case in the Southern District of Florida, where Donald Trump did quite well, electorally. Inevitably, you're going to have half the jury, give or take, are going to be Trump voters. Yes, jurors are told, put aside your views. Trust me, they're human beings. I've stood in front of plenty of jurors.

On the other hand, the D.C. case, I think, is more subject to a reasonable defense, based perhaps on the First Amendment. It's not the easiest criminal case to understand, but, boy, if I'm Jack Smith, I love the D.C. jury pool. Donald Trump got 5 percent of the vote in D.C.

BOLDUAN: But does a loss -- does a first loss for Jack Smith impact the second trial?

HONIG: So, it's interesting. If I had to choose between the facts or the jury, give me the jury, honestly.

BOLDUAN: Really?

HONIG: I think, yes, look, the jury's the one who decides the facts. So, ultimately, I would want the jury. And so I think there's a potential strategy here by DOJ. Let's get the D.C. trial done before the election, because I think you definitely will have a better jury pool. And if you get that win, take it to the bank, push everything else off until after the election, because I do think you're right, Kate. I think if you try two cases, and you get a conviction in one but not the other, I don't know how satisfying a result that is, ultimately, for prosecutors.

BERMAN: All right. These are the federal cases which are months, or maybe longer, away at this point. What's happening right now is Donald Trump Jr. is on the witness stand, or about to take the witness stand in the civil fraud trial against the family business and him.

Again, if you are the state, if you are the plaintiffs, you're talking to Don Jr., what is the roadmap for today, for Eric Trump and ultimately for Donald Trump?

HONIG: Yeah, I think you just want to get them on record. None of them -- let's be clear, none of them is going to just buckle. None of them is going to admit this is all a fraud. And also they're not going to point the finger at each other. I know there's a lot of talk about who's going to throw who under the bus.

BOLDUAN: Oh really? That's not going to happen.

HONIG: I mean, but they're family members. They're not going to take the stand There's no way Donald Trump Jr. or Eric Trump is going to take the stand today and say it's my father's fault. And I don't think Donald Trump, the former president, is going to say it was my kids' fault. What they're all doing is uniformly pointing downstream.

And, by the way, you see this a lot with corporate executives. Donald Trump Jr. in his hour and change yesterday said, this isn't my deal. We have accountants. We have lawyers. I just signed the paperwork. I'm a big picture guy.

So, I think that theme is going to continue here as the plaintiffs, here the A.G.'s office, I think the best you can do is lock them into that and then you have to overcome it. You have to show documents or other witnesses that show that's just not true.

BOLDUAN: Let us see what comes out of today. It's good to see you. HONIG: A strategy.

BOLDUAN: Yes, thanks so much.

All right coming up for us, the first Americans are getting out of Gaza. Right now, people and ambulances can be seen moving through the Rafah crossing. What was completely shut for weeks is now open. What this means for the war.

Plus, the Israel-Hamas War has sparked protests and exposed angry, troubling divisions on so many college campuses. How schools are now changing their approach to confront this new reality and the very real fear that we're seeing at these institutions.

And 50 years after breaking up and the deaths of two members, The Beatles have just released a new and final song. What it is and how it all came together.

We'll be right back.

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UNIDENTIFIED MALE: I put the drums on.

UNIDENTIFIED MALE: It's the last song that my dad and Paul and George and Rick.

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BOLDUAN: So, this morning, six more Americans, we have now learned, are now in Egypt after finally being able to get out of Gaza. Officials at the Rafah border crossing say as many as 400 U.S. citizens are on a list to evacuate next.

Now, large crowds of people have been seen today waiting at the processing centers. This is a big deal, a second day in a row that this agreement seems to be holding as foreign nationals and injured Palestinians are moving through, this deal brokered by Qatar between Israel, Egypt and Hamas.

I'm going to show you the moment when American Pediatrician Barbara Zind was able to cross through the -- get through the crossing. This was just yesterday. And she spoke with CNN This Morning about her experience.

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DR. BARBARA ZIND, AMERICAN RELEASED FROM GAZA: In the beginning, we were in Gaza City and we were told to move south. There were going to be intensive bombing in Gaza City, and there was. That's when I had that initial interview. But moving south, there was still a lot of bombing. And so there's really no safe way for the Gazan people. We ended up for about two and a half weeks in basically a parking lot that was warden off from the rest of the people in the -- that were the rest of the Gazans were staying there. And we were relatively lucky, but we're running out of food and water also.

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BOLDUAN: Now, Palestinian officials at the border of that crossing have said as many as 404 nationals and 60 injured Palestinians are expected to leave Gaza today. A lot of numbers are being thrown around, but the fact of the matter is people seem to be able to get through. You're looking at right here about 20 ambulances lined up and ready to take wounded to Egyptian hospitals.

Let's go to Capitol Hill right now. We're going to get back to Israel in a second We're going to go to Capitol Hill right now as the new House speaker, Mike Johnson, is now holding his first official weekly press conference.

REP. MIKE JOHNSON (R-LA): -- amongst House Republicans. We're not only unified. We're energized. And part of the reason for that is that our members were allowed to go home for the weekend and do some district work and everyone met with constituents. Most everyone got to go home at least for a couple of days.

And they came back with reports, reports, about this sentiment that is spelled out in the grassroots amongst the American people, and not just amongst Republicans but amongst all Americans. What happened is we went through three weeks of tumult here. Obviously, everybody watched it. You all walked through that valley with us, but we came out even stronger. And I'm telling you that right now this group is ready to govern, and we have begun that already in earnest.

We share enduring core principles, and I referenced this on the floor Wednesday night before last week, before I took my oath of office. What we stand for are the core principles of America. I call them the seven core principles of American conservatism, but as I said from the chamber there in the rostrum, that it's really America's principles. It's individual freedom and limited government and the rule of law, peace through strength, fiscal responsibility, free markets and human dignity. These are the ideas that have guided our nation since its founding, and I believe that when we anchor ourselves to those again, we do right by the country.

We are the greatest nation in the history of the world, and we are proud to say that and proud to defend it and preserve those principles.

Because of all this, we have really healthy debates, even inside our own conference, sometimes about tactics, like every family does, but during a perilous time at home and abroad, we are united, and we're united in our pursuit of very clear objectives. We want to rein in reckless spending, we want to reduce inflation and we want to push right out of the blocks here, as has been noted. We're going to support our close friend and ally Israel. Let me explain a few of these things, and then we'll take some questions. So, on appropriations, we want Americans' voices to be heard in Washington. That's what the Republicans here in the House are dedicated to. And that's why we're restoring regular order. We're finishing our appropriations process, and we're doing this in a way that is very transparent. We have accountability to be assured here. We have participation from all members of Congress and we're moving quickly on that agenda.

Last week, as was mentioned, after I was sworn in as speaker, we passed our appropriations bill for energy and water development. Yesterday, we passed our approps bill on the legislative branch. And later this week, we're going to bring up two more appropriations bills that's interior and environment and transportation, housing and urban development.

So, while each of these bills fund different parts of the government, they all share one thing in common. They're fiscally responsible. They ensure that our government is funded in a responsible manner while finding critical savings for the American people.

As conservatives, we understand that savings are needed now more than ever. You all know that we've crossed the terrible landmark of $33.6 trillion in federal debt and that threatens our security, our freedom, our way of life. Treasury Department announced earlier this week that we have to borrow. The American people need to understand the scope of this. We are going to borrow an additional $1.5 trillion just to fund the government over the next two quarters, six months. We're going to have to borrow the money. This is not a sustainable trajectory.

And so what's happening is the effect on the American people has been really devastating. You have a record-high inflation is causing real pain for hard work in American families. It's leaving their futures uncertain. Families are having to make very tough life-altering decisions because the cost of living is too high. Meanwhile, the skyrocketing interest rates are quickly turning the American dream into a mirage for millions of Americans. We feel that acutely here. And that's why House Republicans will not stop until we get this job done.

We're on pace now to have 8 of our 12 appropriations bills passed by fly out tomorrow, as you heard, and we'll be right back here over the next two weeks to finish the job.

If you need a reminder, that's eight more appropriations bills passed than the Democrat-led Senate, which has passed, as of today, zero appropriations bills. We're doing our job, and we hope and expect that they'll do the same.

Regarding Israel, while House Republicans are leading on a probe, we're also leading the charge to support our cherished friend. And last week, in one of my first acts of speaker, we passed a resolution reaffirming our commitment to Israel in its moment of peril. And now, as Israel begins the next phase of its war, it's been kind of disturbing to us, I've heard Democrats suggest that there needs to be a ceasefire. Let us be clear. We've been very clear about this. There was a ceasefire. It was before October 7th, and Hamas broke it, and Israelis suffered unspeakable acts of evil, as you've heard, even recounted here this morning. Israel doesn't need a ceasefire. It needs its allies to cease with the politics and deliver support now. And that's what we're doing.

House Republicans plan to do that. We're going to do it in short order, and it provides Israel the aid it needs to defend itself, free its hostages, and eradicate Hamas, which is a mission that must be accomplished, all of this, all of this, while we also work to ensure responsible spending and reduce the size of the federal government to pay for that commitment to our friend and ally. We cannot waste any time getting Israel the aid it needs. We're going to work on that.

We'll take a few questions.

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REPORTER: You say that the GOP is unified. Is that to me that you've been able to flip Thomas Massie and MTG the last couple of days here on this internal (ph) package, or are you moving forward with that?

JOHNSON: I've had great discussions with Thomas and Marjorie. We're close friends and committed conservatives. And I don't disagree with them on many issues and principles. They understand the necessity of us getting our appropriations bills done and sent over, and also the peril that Israel is in.

Steve Scalise mentioned that on Saturday we were in Las Vegas, we flew over there for the night to be with the Republican Jewish Coalition, and there was a gentleman there who was on stage who spoke before us, and he shared harrowing, firsthand accounts. He was a support worker in Israel of the things he saw with his own two eyes.

And I won't even repeat them here because it's just so jarring to hear it, but what they're doing to small children and pregnant women and the rest.

I spoke with Prime Minister Netanyahu on the phone on Saturday evening, and he used the terms the next day he used in a public statement, and he said, this is a battle between good and evil, it's between light and darkness. And I could not agree more. There is absolutely no equivocation here. We have to stand with Israel.

And so even our most hard line fiscal conservatives and those who typically oppose the idea of foreign aid and principle, they understand the necessity of this and what it means. And so I'm optimistic we'll get those bills over the --

REPORTER: (INAUDIBLE)?

JOHNSON: I'm not going to speak for either of them, but I'll tell you that I'm continually speaking with them. We'll see how that goes.

REPORTER: Mr. Speaker, just a follow-up, just a follow-up. You stressed the need to be able to pay for the Israel funding. As you know, President Biden has issued a veto threat on this bill. Would you consider putting a bill on the floor that includes funding for Israel but does not have spending cuts, or is that a non-starter?

JOHNSON: No. Listen, we are in dire straits as a nation. And if you talk to leaders at the Joint Chiefs of Staff, the Pentagon, sometimes even in recent years under oath, they've testified before the House Armed Services Committee, where I served until last week. If you ask them what the greatest threat is to our national security, you would expect -- most people expect they'd say, China, Russia, Iran, terrorism. They say it's the national debt. We have to address it. We have obligations and we have commitments. And we want to protect our -- and help and assist our friend, Israel, but we have to keep our own house in order as well.

And I think people at home, I think the American people understand that. At home, you have to balance your budget. At home, you have to make tough decisions. And Washington should run the same way.

And so we are here to change the environment, to change the paradigm the way Washington thinks. If we continue on the trajectory we're on, it's going to hurt our country terribly. And it's going to hurt hardworking Americans even more, seniors and the rest. So, we have to -- while we take care of obligations, we've got to do it in a responsible manner.

So, I made this very clear to the president, myself, in our cordial meeting that we had, I've made it very clear to our colleagues, House Republicans, I spoke at their -- I mean, Senate Republicans, I spoke at their luncheon yesterday, to every cabinet official I've spoken to all the way down the line, that we're going to do this in a responsible manner. And that's a very important principle for us.

REPORTER: Mr. Speaker, Mr. Speaker --

REPORTER: Can I get a timeline from you on your thoughts about impeachment? Chairman Comer has suggested that his investigation is winding down. Do you feel right now that there is enough evidence to move on articles of impeachment? And how quickly could we see that process play out? And if you've already decided that you're heading towards articles of impeachment, or is there more that you need to see?

JOHNSON: So, maybe you know my background. I'm a constitutional attorney. I believe this is a very serious matter. I was called upon to serve on the impeachment defense team in the House twice under President Trump when the Democrats used it for raw partisan political purposes, and I decried that at each step of the way.

The reason is because the impeachment power that we have in the Constitution, in the House specifically, next to a declaration of war, you could argue it's the most -- it's heaviest power that we have, and it cannot be wielded for political purposes.

So, I have been very consistent, intellectually consistent in this, and persistent, that we have to follow due process, and we have to follow the law. That means following our obligation on the Constitution and doing appropriate investigations in the right way, at the right pace, so that the evidence comes in, and we follow the evidence where it leads. We follow the truth where it leads.

So, as we stand here today, I'm not predetermined that, but I do believe that very soon we are coming to a point of decision on it. We're in the impeachment inquiry phase, as you know, which is an important step in that due process.

And what you're seeing right now, although a lot of American people are anxious about this, many Republicans across the country are anxious to get to the end point on this, and I think some Democrats want to know how it ends as well.

What you're seeing right now is a deliberate constitutional process that was envisioned by the founders, the framers of the Constitution. This is how they envisioned this to go, not the way the Democrats did it, snap impeachment, sham impeachments, and all the rest.

So, I know that people are anxious about it, but I will say Chairman Comer, Chairman Jordan in Judiciary, Chairman Smith in Ways and Means, they've done an extraordinary job, very methodically, and I would say outside the scope of politics.

They've been taken in the evidence as it goes.

So, we're going to follow the evidence where it leads, and we'll see. And I'm not going to predetermine it this morning.

REPORTER: Mr. Speaker.

REPORTER: Mr. Speaker.

REPORTER: Mr. Speaker.

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