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Giuliani on Trial for Damages in Election Workers' Defamation Suit; Trump Decides at Last Minute Not to Testify at Civil Fraud Trial Today; Iowa Poll Shows Trump Holds 32-Point GOP Lead 35 Days Ahead of Caucuses. Aired 10-10:30a ET

Aired December 11, 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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FREDRICKA WHITFIELD, CNN ANCHOR: After being found liable for spewing lies about two election workers, Rudy Giuliani is about to find out how much he has to pay them in damages. The trial to determine that amount now underway in D.C.

KATE BOLDUAN, CNN ANCHOR: President Biden headed this morning to one key -- one place key to his victory in 2020, Philadelphia, Pennsylvania, just as he's also facing some rough new polling in two other battleground states, Georgia and Michigan. Why Biden's team is brushing it off this morning.

JOHN BERMAN, CNN ANCHOR: He was ordered to pay hundreds of millions for his smears about the Sandy Hook school shooting. He spreads conspiracy theories and hate speech. But thanks to Elon Musk, Alex Jones is back on Twitter.

I'm John Berman with Kate Baldwin, Fredricka Whitfield is in for Sara today. This is CNN News Central.

WHITFIELD: All right. This morning, Rudy Giuliani is in a federal courtroom in Washington, D.C. as jury selection gets underway in his defamation trial. Donald Trump's former attorney has been sued by these two former Georgia election workers, Ruby Freeman and her daughter, Shaye Moss. They say Giuliani destroyed their lives by falsely accusing them of ballot tampering in his efforts to overturn Trump's 2020 election loss in the state.

Here's what they told the January 6th committee last year.

(BEGIN VIDEO CLIP)

RUBY FREEMAN, FORMER GEORGIA ELECTION WORKER: I've lost my name and I've lost my reputation. I've lost my sense of security, all because a group of people starting with number 45 and his ally, Rudy Giuliani, decided to scapegoat me and my daughter, Shaye, to push their own lies about how the presidential election was stolen.

SHAYE MOSS, FORMER GEORGIA ELECTION WORKER: I second guess everything that I do. It's affecting my life in a major way, in every way, all because of lies.

(END VIDEO CLIP)

WHITFIELD: You remember them, right, and that emotional account.

The judge has already found Giuliani liable for defamation. So, this trial is to determine how much money in damages he will have to pay Freeman and Moss.

CNN's Zachary Cohen joining me right now. So, Zach will Rudy Giuliani testify?

ZACHARY COHEN, CNN NATIONAL SECURITY REPORTER: That's what we're expecting. He is expected to take the stand at some point and testify in his own defense during this four-day trial. It's not really clear if he plans to plead the fifth when he does so, but that is certainly something we're going to be watching for here.

And as you mentioned, look, this trial is all about how much money and damages Rudy Giuliani is going to have to pay these two former election workers in Georgia, Ruby Freeman and Shaye Moss. They're asking for the jury to determine a mount somewhere between $15.5 million and $43 million. And that's just a start. That's just for reputational damage that the judge has already said that Giuliani and the Trump campaigns lies about them, you know, really did in this case.

And, look, she's also asking -- both these election workers are asking for the jury to also include punitive damages to really deter people from singling out election workers in this way and having to have them go through the same sort of pain that they went through after the 2020 election.

So, we'll see if Rudy Giuliani takes the stand at some point and what his response started, because this will also be the first time a jury in D.C. will get to hear about the actions and hear testimony about the actions of the Trump campaign and the Trump legal team after the 2020 election.

Of course, this is a civil trial, but in a couple of months in the early part of next year, there is a criminal trial scheduled to start. And that one revolves around similar issues as we're going to be tackling over the next four days in this trial. So, something to watch if this is maybe a preview of what's to come next year in the criminal trial.

WHITFIELD: Indeed. All right, Zachary Cohen. Thank you so much.

BOLDUAN: Now someone who is not in court this morning is Donald Trump. In a surprise move, the former president says that he will not testify today as the final star witness at his civil fraud trial in New York City.

He put out a message saying, essentially, quote, already testified to everything and has nothing more to say.

CNN Anchor and Chief Legal Analyst Laura Coates is here with us for more on this.

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So, why do you think -- why the surprise move? Why would -- everyone is left to kind of conjecture on this a little bit, but what do you think? But why -- since he talked about it so much, saying he would testify, why not now?

LAURA COATES, CNN ANCHOR AND CHIEF LEGAL ANALYST: Maybe bluster. It's a little bit of a chest-beating to say I'm going to be there, I'm going to show up, I'm never scared. But it wasn't that surprising he wouldn't show up because he had said a lot of things in his initial testimony for the prosecution's case.

Remember, take a step back. This case is not about whether they committed fraud. It's about how expensive it's going to be because they did commit fraud. And so the defense has to preserve a lot of things on appeal. If you don't bring up on trial, you cannot do it on appeal later on.

They probably got everything they need to get into the other witnesses and having him there opens a door for a lot of things, namely the gag order. He's likely to violate it. The money you're talking about is very low, you know, $5,000, $10,000 for him. But the opportunity for the other prosecution, for him to be perhaps vocal about how he feels about a more broader witch hunt than he claims, was probably going to be a problem.

BERMAN: Speaking of a judge already determining that something happened, Rudy Giuliani, the defamation trial for him begins today, but it's a trial about damages because the judge has already ruled that Giuliani did defame Shaye Moss and Ruby Freeman.

I want to play what Giuliani said about them so people can see. Let's watch.

(BEGIN VIDEO CLIP)

RUDY GIULIANI, FORMER TRUMP ATTORNEY: How can they say there's no fraud? Look at that woman. What could have taken those ballots out? Look at them scurrying around with the ballots, nobody in the room hiding around. They look like they're passing out dope, not just ballots.

It is quite clear they're stealing votes, quite obviously, surreptitiously passing around USB ports as if they are of heroin or cocaine. I mean, it's obvious to anyone who's a criminal investigator or prosecutor, they are engaged in surreptitious, illegal activity, again, that day.

(END VIDEO CLIP)

BERMAN: All right. And we heard some sound before Ruby Freeman saying that that ruined their life, it ruined their lives. There's a question of Giuliani will take the stand. What happens if he takes the stand and has to answer questions about that? COATES: Well, first of all, what was obvious about what he said was

so much innuendo, racially, discussions about drug use, they were passing ginger mints. That's what they were doing. Instead, their lives were turned upside down because it was convenient for them to be used as pawns in an overall political game.

And because of that, they were defamed, the judge has said so. They testified for January 6th hearing committee members as well about the idea of what had happened to it. So, him going to talk and address these claims, what can he possibly say to defend, excuse me, his behavior?

The whole point is the way he suggests about what he was basing his information on, a way of suggesting a ten-foot pole should extend, I really didn't know everything you know now. Hindsight is 20-20. But it does not excuse when you make statements that are defamatory in nature that the consequences they very well did.

One was scared to actually have her name said in public to this very day because people know her so well as this person. And there was not a single element of truth to what was actually said. Again, it was about her convenience. And the courts really come down quite strongly on that very notion.

Remember, neither Ruby Freeman or Shaye Moss, although they're very well known now, are public figures, therefore, they don't have to have a higher level and to say that definitely actually occurred. They are normal people, regular election workers. We need them for our democracy. And to have this happen deters otherwise willing and able people to be a part of what's so necessary and the courts will acknowledge that.

BOLDUAN: And now a jury is -- they're going through jury selection now to decide how much he's going to have to pay for that.

He says or has shown at least that he doesn't basically have any money. And when you have the figures that these women are asking for in terms of reputational damage, emotional stress, punitive damages, how does that weigh on what's actually going to be the end result of this jury trial?

COATES: Well, there is what you have and what will actually be ordered against you. And the two don't really cross paths immediately. When you're talking about whether you can pay an amount, that comes really after the judge (ph) has actually been entered.

For his purposes, saying, I don't have anything to give doesn't mean that you don't actually get anything held liable against you. Alex Jones famously has now said, I have not -- don't have this money, but that (INAUDIBLE) with differently.

So, right now, at this particular point in time, it's about what will they will find, whether you can actually pay it in the long run is a very different story.

But at the end of the day, looking at all these cases with an eye towards jury selection, we've got another big case coming out of Washington, D.C., where everyone is thinking, gee, how will this work in election subversion cases and how this goes down? How long will the jury selection process go? What will their voir dire questions be? How will this be used in the Jack Smith case later on and under a different judge? It's all very fascinating to look at.

BERMAN: And probably speaking, it's all about saying things that weren't true about an election, even though some are civil, some are criminal, be different people on trial, but it will be fascinating to watch.

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COATES: Absolutely.

BOLDUAN: It's good to see you, Laura.

COATES: Nice to see you both.

BOLDUAN: Thanks for coming in?

WHITFIELD: All right. Brand new this morning, Donald Trump makes polling history. In the new Des Moines Register poll of Republican caucus-goers, Donald Trump now holds a 32 point lead at 51 percent, the biggest lead ever at this point.

CNN's Jeff Zeleny is joining us right now. Jeff, the former president gaining support despite the multiple criminal cases against him.

JEFF ZELENY, CNN CHIEF NATIONAL CORRESPONDENT: Good morning, Fredricka.

Look, five weeks before the Iowa caucuses open this Republican presidential nominating process, Donald Trump is stronger than ever. You can see the numbers right there, 51 percent. That is just crossing the threshold for a majority of support.

Nikki Haley, who's been rising in other states, really has been stable or flat-lining a bit in Iowa. And the Florida governor, Ron DeSantis, of course, has increased a touch (ph).

When you take a look inside the reason why this might be, take a look at this number. I'm really focused on this, this morning, 63 percent of first time Iowa caucus-goers are supporting the former president. What that means is this. That means that his campaign is in a much stronger position than it was eight years ago when they were just sort of struggling to organize. Now, they are going out to find Donald Trump supporters who may not have participated in the Iowa caucuses before.

It's sort of an inside process. There's a series of neighborhood meetings across the state on a Monday night in Iowa. They are going after those first-time caucus-goers. So, this is contributing to his rise in support. So this certainly is disappointing to some of his rivals who are also trying to expand the electorate, if you will. So far, it's expanding to Donald Trump. WHITFIELD: Trump's lead, what is the belief of the factors that seem to be contributing to it?

ZELENY: Well, look, one of the reasons right there is because of those first-time Iowa caucus-goers, but also sort of ideologically, his positions on issues are resonating with the Iowa voters there. And the other candidates, even as this field has really contracted and gotten smaller, he has been the beneficiary of that. So, that is why he has a commanding lead.

But we should say nearly half of the voters there say they could still change their mind. Among Trump supporters, 70 percent say they are locked in with him. But overall, among half of voters said they could change their mind. So, that's why we have to keep an eye on this. No one has voted in this, but the polls certainly indicate that Donald Trump has a commanding, commanding lead.

WHITFIELD: Commanding, indeed.

So, let's take a look at Michigan. Could third party candidates potentially be a huge game changer here?

ZELENY: Well, look, we have new polls out this morning in Michigan and in Georgia. Of course, they are central battlegrounds in the general election race. And some interesting numbers here, Donald Trump is leading Joe Biden by about 10 percent overall. But when you factor in third party candidates, take a look at these numbers. Both of them fall significantly, Robert Kennedy Jr. 20 percent, Cornell West 6 percent. So, that's why third party candidates, as we talk about these overall, that's why they do have an impact in this race.

But Michigan is a blinking red warning sign for the Biden campaign. He is down ten points over the former president. And that, of course, is one of the states that he won that was so essential, Georgia the same way, Fred.

WHITFIELD: All right. Jeff Zeleny, thanks so much. John?

ZELENY: You bet.

BERMAN: All right. There is breaking news. We're learning that jailed Russian opposition Leader Alexei Navalny is missing from prison. His team just posted that his whereabouts are not known. They can't find him at penal colonies. He's been missing for six days.

CNN's Frederik Pleitgen joins us now live with the details here. Fred, what are you learning?

FREDERIK PLEITGEN, CNN SENIOR INTERNATIONAL CORRESPONDENT: Yes, very few details at this point in time, John, but we are working on it and we are getting some actually, as things go on.

It turns out that Alexei Navalny was supposed to show up from that penal colony that he's been in called, IK-6, which is a couple of hundred miles east of Moscow this morning, and he simply didn't show up for that. Apparently, originally, that penal colony claimed that there was a power failure there, but it turns out that they simply don't know whether or not he is there.

His lawyers say that he is not listed as being in that penal colony anymore. They then went and asked around in other penal colonies and other jails in that region. And they also said that he was not listed as being there. So, that's why they're saying that he is missing.

And you're absolutely right, it's now been six days, they said, since they've known the whereabouts of Alexei Navalny. There was also Friday when his lawyers winched the jail that he's supposed to be in. And he also wasn't there as well. So, certainly big concern right now for Alexei Navalny.

One of the things that we're hearing from the lawyers is that he was supposed to be transferred to a different jail, to a different penal colony with an even stricter regime than the one that he has already been in, and, of course, which has been very hard for him. He's been in isolation and solitary confinement several times.

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He's obviously been reprimanded also by the authorities there. He's been on hunger strike. He's had health issues. And now his lawyers say they simply don't know where he is. Right now, they don't know whether or not there's any sort of foul play involved.

However, one of the things, John, that we have seen over the past couple of days is that folks associated with the Anti-Corruption Foundation of Alexei Navalny, which, of course, has been deemed the extremist organization in Russia, they started somewhat of a guerrilla campaign against Vladimir Putin being re-elected as president. It's a political campaign. Unclear whether or not all of this is related.

Of course, we do know that just a couple of days ago, Vladimir Putin did announce that he was going to run for re-election on March 17. Now, Alexei Navalny is missing from prison. Whether or not that's connected, we do not know. Certainly, we're trying to get details as to where he possibly could be and also what those associated with him, his backers, say could be happening here, whether or not they get any new information.

BERMAN: And just to be clear what we're talking about here, Alexei Navalny is a pro-democracy leader within Russia who's had a target on his back for years and years by the Putin regime, imprisoned on what the U.S. absolutely considers are bogus charges. And he's been targeted by alleged poison attacks before, which indicates or helps highlight why there's so much concern if he can't be found right now.

PLEITGEN: Yes, severe poison attacks. I mean, if you look at it, he is definitely Vladimir Putin's enemy number one aside from possibly Volodymyr Zelenskyy of Ukraine. But, certainly, as far as Russia is concerned and inside Russia is concerned, the Russian opposition is concerned, Alexei Navalny far and beyond above anybody else who could be a challenge to Vladimir Putin.

And, you're right, of course, absolutely, he was allegedly, his backers say, poisoned by the Russian Federation inside Russia in 2020. He was actually then treated right here where I am right now in Berlin, flown to Berlin and then recovered and then decided to go back to Russia, which a lot of people said was a very daring move, certainly a very controversial move on his part. He was arrested immediately and has since then pretty much had one sentence after another been imposed against him. He says all of that is political. But, of course, if that does continue in this way, he's set to spend about 30 years in jail, a little more or less.

But one of the things that he has said is he believes that as long as Vladimir Putin is alive, he will not be allowed to leave prison. Whether or not anything else is at play now, now that he's been missing for several days is simply unknown. But, again, he has had a extremely rough time in jail, a lot of time in solitary confinement. John?

BERMAN: It just shows how dangerous Vladimir Putin finds dissent within his country. Frederik PLeitgen, keep us posted. Thank you very much. Kate?

BOLDUAN: Coming up for us, a huge dead -- has already proven deadly storm system is now threatening tens of millions of people in the northeast, six people killed over the weekend by the tornadoes. We have an update on all of that for you.

And also, why does Elon Musk want to bring back to X or Twitter the man who called the Sandy Hook shooting a hoax? Alex Jones back on Twitter, Elon Musk explaining.

We'll be back.

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UNIDENTIFIED MALE: What I remember is, is we got into our safe place. The next thing I know, all you hear is stuff started flying, glass was breaking. And it seemed like it lasted forever, but it was probably maybe 30 seconds.

(END VIDEO CLIP)

BOLDUAN: But it sure does feel like forever. Terrifying stories we're hearing now about what people lived through in Tennessee over the weekend. Communities just ripped apart from a series of monster tornadoes. And families now this morning, forced to mourn the loss of their loved ones. Six people were killed in the state, three in Clarksville, Tennessee. And among those that we've now learned was a ten-year-old boy.

The storm was just huge. Look at this devastation left behind. One tornado carved a path of destruction that stretched over a space of 42 miles, leaving nearly 100 structures damaged in Clarksville. That's city, one of the hardest hit areas by the storm.

Joining us now is the mayor of Clarksville, Joe Pitts. Mayor, thank you so much for coming in.

We just learned about that ten-year-old boy, Arlan Burnham, such a sweet face that his family put out his picture. Can you tell us more about him, if you knew him and the family, and the others who were killed in this?

MAYOR JOE PITTS (D-CLARKSVILLE, TN): Well, thank you, Kate, and good morning, everyone. Yes, tragically, we lost three of our citizens on Saturday, December 9th, a day that none of us expected or wanted. So, our hearts are broken and our prayers are with those families, especially the families of the ten-year-old boy. I did not know him, but we are family and I'm sure we have connections somehow.

But our city, we're proud, we're patriotic, we're resilient and our resolve is strong and we'll recover.

BOLDUAN: He even heard the -- Arlan's father spoke to CNN and even said, just so everyone knows, I mean, this is a family that's dealing with so much, as so many families are now in your community that he was -- that Arlan and their daughter, Ella, were pulled out of the carnage, the wreckage, by a family friend.

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And the father saying that Ella might not be with us as well had that family friend not stepped into help.

I mean, we're showing pictures here, Mayor, of just what happened in Clarksville. You can see it. You've called it devastating. But how do you describe what happened this weekend?

PITTS: Well, it's indescribable. There are no words. There's not an adjective in the dictionary that would describe what we saw yesterday morning, early yesterday morning, as County Mayor Golden and I toured the sites, the neighborhoods hit, talking to family after family, hearing story after story of just what you shared.

One man said a couple in their young child was in a trailer mobile home that was hit and he and a couple of other folks rushed to their aid, pulled them out, they were taken for medical care, they're doing okay now, but, again, neighborhood helping neighbor, that's what Clarksville does best.

BOLDUAN: What is your most immediate focus right now? What is your top priority as it's going to take a very long time for people to pick up the pieces here?

PITTS: Well, our people is my first priority and only priority right now. We've got crews -- had crews on the ground at daylight this morning in the hardest hit neighborhoods, cleaning up now, cleaning the roadways and the right of ways of debris and brush and trees so that emergency traffic can get through, as well as construction traffic. And then we will come back to those neighborhoods and help clean up the debris and put those neighborhoods together.

So, my first priorities are people and then, secondly, getting them safe. If they need help, they know to reach out to us. We've got shelters set up. We've got food trucks ready. We've got clothing. We have a mobile shower facility if they just need a hot shower and a place to lay their head or a cup of coffee or hot chocolate or just a place to go, we've got all of that in place, and just to let us know if you need anything.

BOLDUAN: Well, I'm just thinking, when you're talking about the people and the needs that they have, they're so basic and so important right now. And this kind of destruction at any time, this natural disaster, is horrible for a community, coming really just days in the middle of the holidays, it's just extra painful to see it happen for everyone.

Mayor, thank you for coming on. We've got your entire community, we're pulling for you. Thank you. Thank you so much. John?

BERMAN: All right. Donald Trump breaks a polling record in Iowa but new CNN polls in Georgia and Michigan reveal what could be an Achilles heel.

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