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Jury Selection Begins In Giuliani Defamation Trial; Texas Supreme Court Temporarily Halts Emergency Abortion; "Barbie" And "Oppenheimer" Lead Golden Globe Nominations. Aired 11:30a-12p ET
Aired December 11, 2023 - 11:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[11:30:00]
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KATE BOLDUAN, CNN ANCHOR: Right now, Donald Trump's former attorney Rudy Giuliani. He's in a federal court as jury selection begins in the defamation trial against him. Now, two former Georgia election workers, Ruby Freeman and her daughter Shaye Moss, they've sued Giuliani for basically ruining their lives when he falsely accused them of tampering with ballots in the 2020 election.
It's all part of efforts to overturn Trump's 2020 election loss in the state. Giuliani has already been found liable for defamation here. Now, a jury is set to decide how much Giuliani should pay for that.
JOHN BERMAN, CNN ANCHOR: Yes. So, Giuliani is there today. Someone who was not in court today, Donald Trump. Trump reversed course and decided not to take the stand in his own defense in a civil fraud trial in New York.
With us now is former federal prosecutor Sarah Krissoff. Thanks so much for being with us, Counselor. So, Trump had made this big show of saying I'm going to take the stand in my own defense Monday, Monday, Monday, Monday. And yesterday, he says no dice. Not going. Why do you think he bailed at the last minute?
SARAH KRISSOFF, FORMER FEDERAL PROSECUTOR: Listen. I think he may have heeded the advice of counsel in this instance, although he usually doesn't do that, but he might have actually done that here. I mean, the judge gave the former president basically unfettered rein to talk during his prior testimony. The former president was able to say I think probably everything he needed to say during that appearance. And there really was no need legally for him to appear again.
BERMAN: Nothing to be gained all the potential loss.
KRISSOFF: That's right.
BERMAN: All right.
BOLDUAN: Sarah, also, Rudy Giuliani now he's in court, jury selection is underway regarding -- he's already been found liable for defamation. Now, a jury is set to decide how much he's going to pay. But it's important, when you talk about that, to remember what these former Georgia election workers said about the impact of Giuliani's words, what they -- the impact that it had on their lives. Let's play this for everybody.
(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.
SHAYE MOSS, FORMER GEORGIA ELECTION WORKER: For a second guess, everything that I do, does affect my life in a -- in a major way, every way all because of lies.
(END VIDEO CLIP)
BOLDUAN: These were not public figures. These were regular people, regular election workers, their lives turned upside down. What's the jury to consider now when they're deciding these damages?
KRISSOFF: So, I think that effect of Giuliani's words is going to have a big effect on the damages here, right? I mean, the -- this -- the result -- you know, it's one thing to say something -- it's one thing for Rudy Giuliani to say something so publicly and to cause such harm to these individuals. And so, we already have -- you know, Mr. Giuliani has already admitted liability. We have a default judgment against him. This is just the issue of how much is a jury going to award for what happened to these workers.
BERMAN: Let's play Giuliani's own -- Giuliani's own words here so people can get a sense of what he said. Listen to this.
(BEGIN VIDEO CLIP)
RUDY GIULIANI, FORMER TRUMP ATTORNEY: How can they say there's no fraud? Look at that woman who could have taken those ballots out. Look at them scurrying around with the ballots.
Nobody in the room hiding around. They look like this. 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're vials of heroin or cocaine. I mean, it's obvious to anyone who's a criminal investigator or prosecutor, they are engaged in surreptitiously illegal activity, again, that day.
(END VIDEO CLIP)
BERMAN: And again, he's already been found to have defamed these women. How uncomfortable will this be? What will Giuliani go through this week in that courtroom?
KRISSOFF: Listen. I think it's going to be a tough week for him. He certainly -- he has not wanted to be in this courtroom before.
He didn't show up for the pretrial conference last week. He has tried to avoid court before. But this is going to be a very uncomfortable week sitting through the damages portion of this case.
BERMAN: And the jury will decide based on what here. What are the determinating -- determinative factors this week?
KRISSOFF: That's really the emotional damage to the workers here. Also, there's you know, a punitive element to it, right? So, those statements were rather unhinged, right? They are -- they are really over the edge of what is allowed publicly in our society. And so, I think that their -- the jury may take a more punitive look at the -- their damages they award here.
[11:35:11]
BOLDUAN: John and I were talking earlier. Jury selection -- you know, maybe from the outside looking in, it's kind of like no, OK. But this jury selection in particular seems additionally interesting because it's kind of the first of what will be a series of juries facing the question of lies around the election, and the fallout from it. Starting with Giuliani, and then quickly after that, you could be looking at Donald Trump. What -- how does jury is -- what does this kind of jury selection look like then?
KRISSOFF: Listen. I think there's a real art to jury selection having done it a fair amount on my end. There's a real -- really in some courts, you are allowed a bigger window into what the potential jurors are thinking and what their biases and implicit biases may be. Some courts sort of don't give you as much information and you have to make judgment calls with very little information. But this is a -- it is an art. And there's a lot more that goes to it -- goes into it than you would think.
BOLDUAN: We got to watch that art form play out in the -- right now. It's good to see you, Sarah. Thanks for coming in.
KRISSOFF: Thank you.
BERMAN: Fred?
FREDRICKA WHITFIELD, CNN ANCHOR: There are still no answers for a Texas woman after the Texas Supreme Court put an emergency abortion -- her emergency abortion on hold. The State's Attorney General says the threat to the woman's health and a fatal fetal diagnosis cannot overcome Texas's restrictive abortion ban.
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[11:41:02]
BERMAN: So, this morning, the Texas Supreme Court has temporarily blocked what doctors say is it potentially life-saving abortion for Kate Cox. She's now over 20 weeks pregnant. Her doctors say her fetus has a fatal genetic condition that also puts the mother's health at risk. A lower court granted her request for an abortion. But now, the case in a sort of limbo.
CNN's Ed Lavandera watching this for us. Ed, where do things stand at this moment?
EL LAVANDERA, CNN SENIOR NATIONAL CORRESPONDENT: Waiting for the Texas Supreme Court to issue a ruling in this emergency case. As you mentioned, Kate Cox was granted permission by an Austin State judge on Friday to have a legal abortion here in Texas. But that was put on pause the next day after the Attorney General, Ken Paxton, went to the State Supreme Court asking the court to block that. So right now, we're waiting for the Supreme Court to rule on what exactly is going to be happening here.
Over the weekend, Ken Paxton filed another motion before the Supreme Court essentially arguing that the conditions that Kate Cox has described that she's under do not rise to the level of the medical exemption here in Texas. He writes that a fatal fetal condition or the threat of possibly not being able to have children in the future does not rise to that level. Even though the exemption here in Texas says that women who are in life-threatening conditions or also face a substantial impairment of a major bodily function could beat the standard of that medical exemption. But right now, Kate Cox's attorneys say that the state's position is simply extreme and callous.
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MOLLY DUANE, ATTORNEY FOR TEXAS WOMAN SEEKING ABORTION: She spent most of the weekend in bed. I mean, think about how you would feel in that situation. This is why it is completely untenable for patients to have to come to court and ask for court authorization for life-saving medical care, it's simply outrageous, and people should be outraged by what is happening in Texas right now.
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LAVANDERA: And, John, the lawyer went on to say, would you want Ken Paxton in the medical room with you when you're having to make these decisions with your medical team? She said I don't think so. But right now, that is the battle that is undergoing here in Texas. Really, one of the most significant challenges and significant cases we've seen since the U.S. Supreme Court overturned Roe v. Wade last year, John.
BERMAN: And we should have noted that Texas has a near-total abortion ban. Any sense of when the Texas Supreme Court will rule on this, Ed?
LAVANDERA: You know, theoretically -- we presumed it would be rather quickly because this was an ex -- an emergency case. Clearly, Kate Cox, you hear her attorney feels that same way. And all of this has been kind of filed in the kind of this emergency setting. So, we had anticipated that perhaps over the weekend, we would have heard something. But right now, we continue to wait. But the presumption is, is that it would be relatively soon.
BERMAN: All right. Ed Lavandera watching this for us in Texas, Ed, thank you so much. Fred?
WHITFIELD: All right. Let's bring in CNN legal analyst and criminal defense attorney Joey Jackson. All right, Joey. What is the Texas Supreme Court going to take into account as it considers rendering a decision?
JOEY JACKSON, CNN LEGAL ANALYST: Yes. So, this is very problematic. So, just to set the stage, Fredricka, huge. First time in 50 years since the Roe v. Wade decision that now you have an individual who has to go to court to have an assessment with respect to the medical condition.
And the problem, obviously here is that justice delayed could be justice denied. Why? Because time is of the essence.
WHITFIELD: Yes.
JACKSON: She's 20 weeks now. So, now you have a court that has to make a determination. And they could do a number of things.
The first thing they can do is say, listen, I'm going to punt. This is a legislative issue. Yes, there's a medical exception under the law. But perhaps the legislature needs to clarify specifically, what is medically permissible. That's not us. The justices could say that's not up for us to do.
The second thing they can do is to say, look, the state does meet the standard with respect to emergent medical conditions if there's an objective view of the doctor that your life is in danger. And as a result, it should be permitted to go forward.
[11:45:12]
The issue then will become does it only apply, Fredricka, to her in this limited circumstance, or does it more broadly applied? Doctors are scared to death as a result of this.
WHITFIELD: Right.
JACKSON: And moving forward because of the penalties involved.
WHITFIELD: And her doctor already said that she and the fetus, you know, are in trouble.
JACKSON: Yes.
WHITFIELD: And that's why this emergency abortion was necessary.
JACKSON: Yes.
WHITFIELD: So, at this point, what is the process? I mean, for the Supreme Court, what are all the things that they will be examining? Because when you talk about the legislative body --
JACKSON: Yes.
WHITFIELD: Now, we're talking about weeks. I mean, this is --
JACKSON: Yes.
WHITFIELD: This is a decision that she and her attorney are hoping is going to take place in a matter of days, perhaps.
JACKSON: It has to because that's what is of the essence.
WHITFIELD: Yes.
JACKSON: And so, think about that. What the -- what the court now has to do, Fredricka, is to evaluate the bouncing priorities. Now, what the attorney general who sued to block this says is, hey, look, this is your subjective opinion, doctor, with respect to whether it's life- threatening, and by the way, it's not life-threatening on off because of the fact that she could be in danger or could not have potentially children in the future. And as a result of that, it doesn't meet the standards.
Of course, on the flip side of that, we hear the argument from her saying, look, this could lead to serious complications. My doctor had a firm basis with respect to making that judgment. It wasn't subjective. It was objective as to what involves with me. And as a result of this, court, you stay out of my life.
WHITFIELD: Correct.
JACKSON: Let my doctor make the call. But the big news of this, Fredricka, is because you could face literally life in jail as a doctor.
WHITFIELD: Right.
JACKSON: You could face civil penalties. You could face disciplinary penalties.
WHITFIELD: But this is undermining the medical opinion.
JACKSON: Oh, yes, absolutely.
WHITFIELD: An expertise.
JACKSON: And so, to what extent do justices who have not made that examination with regard to this pregnancy, do they impede or interfere with a doctor's determination that we have an issue here that needs to be addressed because she's having an emergency? Should a court be making that decision or should a doctor who's evaluated the patient and understands the significance of the medical maladies be making that decision?
WHITFIELD: Right.
JACKSON: So, the stakes are high.
WHITFIELD: And that is indeed her attorney's argument. Joey Jackson, thank you so much.
JACKSON: Thank you, Fredricka.
BOLDUAN: Coming up --
WHITFIELD: All right. Kate.
BOLDUAN: Coming up for us. The nominations are in for this year's Golden Globes. But the search for a host for the award ceremony is still underway. We've got more coming up.
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[11:51:56]
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UNIDENTIFIED FEMALE: The best day ever.
UNIDENTIFIED FEMALE: It is the best day ever, so is yesterday and so is tomorrow, and every day from now until forever. Do you guys ever think about dying?
(END VIDEO CLIP)
BERMAN: All right, the Golden Globe nominations just in this morning. And "Barbie," our coworker we should note, leading the pack with nine nominations. That is the most for any film. CNN's Elizabeth Wagmeister joins us now. This Barbie thing, I think is taking off.
ELIZABETH WAGMEISTER, CNN ENTERTAINMENT CORRESPONDENT: I think that they are onto something. As we know, "Barbie," the biggest movie of the year made over $1.4 billion. That's what the B at the worldwide box office.
And now, that is paying off in a big way with the official kickoff to award season with the Golden Globes. "Barbie" leading the nominations. As you said, "Oppenheimer" not far behind.
That's really the big headline this morning. But also, "Killers of the Flower Moon" starring Leonardo DiCaprio, Lily Gladstone, Robert De Niro, all three of them getting nominations this morning. This is going to be a star-studded year. I mean, when you look down the list of nominations, it's A-lister after A-lister. Right there, you've -- Maestro Bradley Cooper, he has been nominated not just in this category of Best Motion Picture Drama but also for Best Director and Best Actor.
But we have a good mixture as well of A-listers and also breakout stars. "Past Lives," which is nominated. Greta Lee, who some people may know from the morning show, she is also nominated in her category. And I also mentioned Lily Gladstone from "Killers of the Flower Moon." She is going to be one of the big breakout success stories of this award season.
BERMAN: This is an award show that will take place whether or not it finds a host which seems to be a problem right now.
WAGMEISTER: You know, it is a problem. But this is a pretty common problem when it comes to award shows. This is not just Golden Globes specific, but I did have some new reporting this past weekend that the Globes did reach out to people like Ali Wong and Chris Rock, and they declined.
But even though to us at home, this may seem like the gig of a lifetime, right? In Hollywood, a lot of actors. They think of this as a thankless job. You're doing a lot of preparation in the world of social media, you're getting immediate feedback, oftentimes very negative.
There are also a lot of topics that you have to tackle. But they will find a host and the show will go on. And I have to tell you, I think that this really stands to be the big comeback of the Golden Globes.
We know there was a big controversy with the Hollywood Foreign Press Association and the lack of diversity. Well, now, that organization has disbanded. There's new ownership.
And we have to note that last year, the Golden Globes, they aired on a Tuesday, a random middle of the work week. Well, this year, they're airing on a Sunday. They'll have that Sunday Night Football lead-in.
[11:55:01]
So, there's really the opportunity to have a lot of viewers excited. And all of my sources that I am talking to in the entertainment industry say that all of the celebrities are very excited to get back on the carpet. And they feel like this is a real return to the Golden Globes.
BERMAN: Tuesday can be a great night for a party.
WAGMEISTER: Yes.
BERMAN: Let me just -- let me just state that. We don't want Tuesday upset for being dispersed here. But I --
WAGMEISTER: Yes.
BERMAN: But I get your point.
BOLDUAN: Well, John does so much partying on Tuesday.
BERMAN: Yes -- no. Going hard on Tuesday. All right. Elizabeth Wagmeister, thank you so much for being with us.
BOLDUAN: All right, Golden Globes.
BERMAN: Inform me.
BOLDUAN: This is one that they can drink at, right?
BERMAN: Yes.
WHITFIELD: Do they?
BOLDUAN: Yes, that's why this one's funny.
BERMAN: Yes. BOLDUAN: Yes.
BERMAN: And then -- but per --
WHITFIELD: It's a little bit more saucy.
BERMAN: Yes. But no one wants to -- no one wants to host apparently because they're concerned about negative comments on social media. I have no idea what that's like.
WHITFIELD: I have to stand that. You know me -- well, you know.
BERMAN: Well aware those concerns would come from.
WHITFIELD: Seemed a lot like --
BERMAN: Let's be like "Barbie." Everything is great.
WHITFIELD: Doing this thing. Great to see you, guys.
BERMAN: Thank you so much for joining us. This is CNN NEWS CENTRAL. "INSIDE POLITICS" is up next.
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