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Democrats Wins Ousted Santos' Seat, Narrowing House GOP Majority; Trump Confronting Busy Legal Week As Multiple Cases Collide. Aired 9-9:30a ET

Aired February 14, 2024 - 09:00   ET

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

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[09:00:58]

RAHEL SOLOMON, CNN ANCHOR: Flipping a seat, the Democrats now have a new representative in the House. It's a new seat but a familiar face. And Donald Trump wasting no time, quick to play the blame game why he says the GOP lost their seat.

JOHN BERMAN, CNN ANCHOR: Screeching tires, screaming patients and a lot of smoke, a frightening scene playing out at a Texas hospital after a car drives white into an emergency room.

SOLOMON: And Chiefs Kingdom, it is time to celebrate a dynasty. The victory parade will be rolling through the streets of Kansas City in just a few hours. But will the team's newest love story be on display? Will Taylor Swift be there? So many questions. Kate and Sara are off. I'm Rahel Solomon here with John Berman, and this is CNN News Central.

Well, it hasn't happened in nearly 150 years, but this morning Homeland Security Secretary Alejandro Mayorkas has officially been impeached by the House of Representatives. In a narrow 214 to 213 vote largely along party lines, Republicans made Mayorkas only the second U.S. cabinet secretary to ever be impeached.

Now, you might remember this was their second attempt to impeach Mayorkas over his handling of the southern border. The first vote, well, that failed in a stunning and embarrassing fashion just last week. Now the GOP-led effort moves to the Senate where Mayorkas will stand trial. Let's go to CNN's Eva McKend, who joins us from Capitol Hill this morning. So Eva walk us through, good morning, walk us through what happens next for Mayorkas.

EVA MCKEND, CNN NATIONAL POLITICS CORRESPONDENT: Well, Rahel, in the immediate sense, he keeps doing his job. This has no material impact. This is a non-binding resolution. To give you a sense of how partisan this affair was, Congressman Steve Scalise, who returned to Capitol Hill from receiving cancer treatment, it was his vote that was a necessary vote for Republicans to achieve this. They just eat this out by one vote.

But not all Republicans went along with this. You had Congressman Gallagher, Buck and McClintock, who essentially argued that a policy dispute that it didn't amount to an impeachable offense that Mayorkas didn't engage in things that you traditionally think of as impeachable offenses like public corruption or abusing power.

Still Republicans, they felt strongly enough about this to move forward with this effort. They've been talking about it a long time and they argue that Mayorkas is breaking the law. Let's listen to these lawmakers.

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REP. STEVE SCALISE (R-LA), MAJORITY LEADER: The Senate really ought to take seriously the message that was said that we're serious about securing the border and the Secretary has failed to do his job.

REP. KEN BUCK (R-CO): You can try to put lipstick on this pig, it is still a pig. And this is a terrible impeachment. It sets a terrible precedent.

(END VIDEO CLIP)

MCKEND: So the Senate led by Democrats, they do have to take this up. But they are telegraphing that they have no appetite to do so. What they could do is dismiss these two articles of impeachment on a simple majority vote before each side even argues the case. Rahel?

SOLOMON: All right, some more to watch. That expected to happen later this month. Eva McKend, live for us at Capitol Hill. Eva, thanks so much.

Obviously, John, some of the concerns too, are just does this set a new precedent? Does this lower the bar? Does this continue to be used in a partisan way as critics claim? Those are the big questions this morning.

BERMAN: Yes. That is the big question. And of course, this is all just by one single vote in the House of Representatives. And this morning that razor thin Republican margin is getting even slimmer. Democratic former Congressman Tom Suozzi is now heading back to the House after defeating Republican Mazi Pilip in New York's special election. He flipped the seat, left vacant when Congress kicked out Republican George Santos.

Donald Trump was quick to weigh in. He said Pilip is a quote, foolish woman who could have won if she had endorsed him. With us now is CNN's Miguel Marquez. The prince of Long Island in Glen Cove this morning, what a night it was, Miguel.

[09:05:15]

MIGUEL MARQUEZ, CNN SENIOR NATIONAL CORRESPONDENT: Incredible. Nobody expects, you know, I covered this thing for the last two months. Everybody expected a very close race. Most people expected that turnout would be exceptionally low. It was higher than they thought. The margin was wider they thought. She conceded earlier than they thought. He declared victory earlier than they thought. This was an incredibly tough race. Tom Suozzi is a well-known entity here on Long Island. She was an unknown but a very, very attractive candidate. And but it got dirty. It got very, very nasty in the ads, millions and millions of dollars spent on ads on both sides. Suozzi ran as a centrist and talking to his supporters last night. This is how he put it in why and how they won.

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TOM SUOZZI (D-NY), CONGRESSMAN-ELECT: Despite all the attacks, despite all the lies about Tom Suozzi and the squad, about Tom Suozzi being the godfather of the migrant crisis about sanctuary Suozzi. Despite the dirty tricks, despite the vaunted Nassau County Republican machine, we won.

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MARQUEZ: So Tom Suozzi is a longtime centrist. People know him as a centrist here. He ran as a centrist. Ran on, quote unquote, Republican issues on immigration, on crime, on taxes, all the stuff that Republicans were hitting President Biden on. He didn't embrace Biden. She didn't embrace Trump. It was a bit of an odd dance that happened in this election. But at the end of the day, it was that desire for centrism and for the getting rid of all that partisan animus and anger that we have in the country right now that seem to drive voters out.

Despite a massive snowstorm, you know, it looks like a turnout hit about 30, 32 percent or so, far higher than people expected in this special. Back to you guys.

BERMAN: Yes. Which is good for a special election. The margin, as you say, much bigger than people were anticipating in. This is a flip, then anytime there's a flip of the House with a margin this thin. It's a big deal. Miguel Marquez, thank you very much. Rahel?

SOLOMON: All right, John, let's discuss this more. Joining us now are our CNN political commentators former Lieutenant Governor of Georgia Republican Geoff Duncan and Republican Strategist Alice Stewart. Good to see you both. Alice, let me start with you. So Republicans waking up this morning with this win thinking, this Democratic win, thinking what?

ALICE STEWART, CNN POLITICAL COMMENTATOR: Well, they're thinking that they should never have elected George Santos in that district to begin with. But here we are. And look, this is a really a wakeup call for Republicans in terms of the issues that we're hearing from voters that were important to them certainly immigration. You know, with the massive influx of migrants into New York City and other big cities from the border, you need to be a candidate that can really address that. And Suozzi did while he is a centrist candidate, he did advocate for border security. And that is an issue that resonates with voters there.

And the other question is the impact of Biden and Trump. Both candidates in this race, Republicans and Democrats, really kept their cards close to the vest on this, neither one really embracing Trump or Biden. And of course, now Donald Trump is saying that if the Republican candidate Pilip would have done that earlier, she would have won. I'm not certain if that's the case. But the reality is, this is a litmus test for Republicans to realize we need to be strong on immigration, which is a big issue for voters here and need to make sure we have the right messaging on how to embrace the candidate at the top of the ticket as we head into November.

SOLOMON: And, Geoff, I mean to that end, you say if, we, Republicans stay on this pace, we're cruising for another bruising in November. We are not learning the lesson. So between now and November, what are the lessons and what does the GOP do differently from your perspective?

GEOFF DUNCAN, CNN POLITICAL COMMENTATOR: Well, I think the lesson to be learned here is this is a great foreshadow where this elections head is, right? Between now and November, this is all about the suburbs. Up to this point, it feels like it's been about the fringes, and it's been about the bases in both sides. But this is about the suburbs, and this was a good a good litmus test for it.

And if we're not focused on trying to convince folks that Donald Trump is not the best direction for the Republican Party, we're going to step and repeat this from coast to coast, right? Donald Trump has been a boat anchor on election after election after election. It feels good in the primary process a lot like here in Georgia with Herschel Walker. It felt good to nominate for some not me but for some Republicans to nominate Herschel Walker and then he ran into the buzzsaw of reality that the suburbs aren't with somebody that sat extreme. Donald Trump is that vote anchor for us. And so hopefully this serves as a wakeup call.

[09:10:15]

SOLOMON: Alice, what about for the Democrats? I mean, is a win a win? I mean, is it too soon as some have said to pop the champagne? Or are you looking at this in a bit of more of a nuanced way, which as you pointed out, I mean, Suozzi had distanced himself from Biden. So I mean, how much of a win is this for the Democrats?

STEWART: Well, you know what you call someone who wins a race like this 53 to 46 percent. You call them congressman. And a win is a win. And that's the end of the day, Democrats picked up a big win and even more so, Rahel, because the razor thin majority that Republicans have in the House right now and what Democrats will do moving forward, is there going to take this template, as Geoff said, this is how the foretelling of what's going to happen in November and use this template to campaign for many of these candidates running for reelection in November and that could be a big win for Democrats.

And again, with such a slim majority, if Suozzi had been in the House yesterday, we wouldn't have had this impeachment vote for Mayorkas. It just goes to show how close things are. And I think Democrats are going to use this, have the wind at their sails and use this as a template to nominate and try and reelect more Democrats into the House.

SOLOMON: Alice, it's a great point about the very razor thin majority getting now even more razor thin. Geoff, let me let you have the last word here. There has been a lot said about turnout. And if I remember correctly, New Hampshire had stronger turnout than many were expecting. We saw that again last night in New York, as Miguel Marquez pointed out, I mean, moving forward, I mean, it seems like people at least from these examples are riled up and ready to vote.

DUNCAN: Yes, certainly. I mean, we're seeing turnouts in microcosms in these smaller races that are kind of off cycle. But, you know, one of the things I worry about as a Republican that wants to win back, the White House wants to beat back dangerous policies that Joe Biden including the border and other issues he's had with Foreign Policy, a conservative that's not angry. That's who I am. That's who I think tens of millions of Republicans are.

I worry that the protest vote if this ends up being Joe Biden and Donald Trump that folks protest vote is just not to vote. And I worry that that ends up happening. And we've got a short window here as Republicans to correct this with Nikki Haley. It doesn't seem like we're catching on fast enough. But if Donald Trump's at the top of our ticket, I'm afraid we're going to suffer the same consequences for four more years. And that's Joe Biden continuing to lead the country.

SOLOMON: All right, we'll leave it here. Geoff Duncan, Alice Stewart, good to see you both. Thank you. John?

BERMAN: All right, new this morning, Ukraine says he just destroyed a Russian warship in the Black Sea. New video released by the Ukrainian military shows a drone approaching the ship and then a large explosion. It is the latest in a series of drone strikes against the Russian Navy. Ukraine claims it has now disabled a third of Russia's Black Sea Fleet. CNN's Melissa Bell is with us. What are you learning about this attack, Melissa?

MELISSA BELL, CNN CORRESPONDENT: Well, how remarkably effective it's been. Now what we're talking about here, John, are these Ukrainian made sea drones, the very ones that were involved in the sinking of another Russian warship earlier this month, the Ivanovets. And if you take a look at that map of the area, the Black Sea where Russian -- Ukrainian forces rather have been concentrating many of their efforts with the land frontlines, so static over the course of the last few months, so difficult for them to make progress there.

They've been shifting instead their focus to the Black Sea Fleet with remarkable success. These sea drones that they've used again, homemade, remarkable for their long range ability 800 kilometers, allowing them to get to these ships unseen, undetected. These are not ships that are designed to withstand these sorts of highly maneuverable sea drones.

So an effective strategy, tactically, and if you look at that map, you can see why also beyond the symbolism of Crimea and the strategic importance of taking out Russian capabilities, it is also a part of the world that they hope will allow them simply to cut off Russia's ability to continue finding, bringing men equipment into their frontlines. So it is now as you say, a third of Russia's once formidable Black Sea Fleet has essentially been disabled or destroyed, says Kyiv. And of course, that John, also has important consequences for Ukraine's ability to get grain in and out of its ports.

And of course, that is crucial at the time when it's trying to keep its war effort going nearly two years after Russia first invaded, John.

BERMAN: They've been able to export their products, which is a big, big boost to the Ukrainian economy. Melissa Bell, thank you so much for being with us. Rahel?

[09:15:02]

SOLOMON: All right, John, coming up for us, Donald Trump will find himself in a familiar spot tomorrow at New York courtroom, this time for his hush money case. But he is also expecting really critical decisions this week and civil fraud trial and immunity battle. We'll break it all down.

Plus, Lloyd Austin reporting for duty, new video of the Defense Secretary back at work after he was rushed to the hospital on Sunday.

And it's Valentine's Day, but who says that love doesn't cost a thing. Why it may come to a price and come down? Prices won't come down but it will come at a price, thanks to inflation this Valentine's Day. We will also break that down.

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SOLOMON: All right, we are standing by for major legal developments as Donald Trump's criminal cases collide. So today, Special Counsel Jack Smith could take new action in Trump's efforts to secure absolute immunity. The former president asked the Supreme Court to pause a lower court ruling that rejected immunity in his January 6th case, Smith must respond by Tuesday.

[09:20:19]

And then tomorrow, Trump himself is expected to be in New York for hearing involving his hush money criminal case. And then later this week, will Trump have to pay $370 million and be banned from ever doing business again. In New York civil fraud trial ruling is expected there on Friday. A lot happening this week, let's get right to CNN's Katelyn Polantz who was following it at all. Katelyn, I'll take your lead. I mean, where to start, where to begin?

KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE REPORTER: Rahel, what I would look at coming up tomorrow and Friday is there's so many different cases and so much activity expected. But what is happening that we should really be paying attention to is the fallout of Trump, the businessman. Donald Trump as a defendant in the criminal case where he's accused of making these false business recordings because of the hush money payments to Stormy Daniels before the 2016 presidential election, that is the hearing that's taking place on Thursday before the judge.

There's going to be some talk about when that case will go to trial. And it could be the first case where Donald Trump sits for trial as a criminal defendant in March if that date holds. And then Friday, that decision from Judge Engoron in New York related to civil fraud findings, the penalties that Donald Trump and his business should have to face for these fraudulently inflated business records of his. So that's the focus on Trump, the businessman, in court.

But Rahel, there is so much else happening here. Every piece of Donald Trump's most significant cases on the lawsuit side as well as all four of his criminal cases have check-ins this week. He's before the Supreme Court related to his federal January 6th criminal case waiting for that response from the Special Counsel's office and we will watch to see how quickly the Supreme Court takes action if they send him on to trial in federal court related to the 2020 election.

There are also some filings due from Trump related to lawsuits where he's offend -- a defendant in the January 6th cases due at the Supreme Court this week. Also, there will be testimony very likely about the prosecution team in Georgia in his criminal case there. And finally, there's a lot of work being done in his Mar-a-Lago criminal documents case in Florida. He was in court on Monday in his proceeding under seal and there's a lot that's going to be happening in the coming weeks there as that too progresses toward trial.

So a very serious moment for Donald Trump as the defendant, the wheels of justice, they're turning. And there are many, many situations where he's not only having to show up in court, but where the justice system is trying to hold him accountable, especially in these lawsuits and having him show up in court and face these judges.

SOLOMON: All right, a very serious moment, as you point out in a very busy moment, as well. Katelyn, we know you'll stay on top of all of those developments. Keep us posted. Thanks so much.

BERMAN: All right, with us now is Nick Ackerman, former Assistant U.S. Attorney for the Southern District of New York. He was also an assistant Watergate Special Prosecutor, look, there's so much going on. It's hard to keep track of. But the point we want to make is this week, there's real rulings coming down and real decisions being made in real court cases. Let's start with the one Donald Trump will go to tomorrow. We shorthand it as the hush money case is the criminal trial here in New York. But it's really more than that.

NICK AKERMAN, FORMER ASSISTANT SPECIAL WATERGATE PROSECUTOR: Oh, it's much more than that. I mean, this is an extremely important prosecution. It's not just about Donald Trump and Stormy Daniels. This is about Donald Trump in the 2016 election, trying to hide and conceal from the public, very important information that would have absolutely torpedoed his election chances.

It came on the heels of that Access Hollywood tape and all of these allegations by other women, this would have been the actual loot killer item that would have ended his campaign, and he obstructed that. And it was a very organized scheme that involved the National Enquirer, involves his own lawyer. And this is an important case.

BERMAN: And very quickly, one more question about this case. What will we learn do you think tomorrow? AKERMAN: We're going to learn if it's actually going to trial on March 25th. This is a certain conviction, as far as I'm concerned, two cooperating witnesses corroborated by a tape on which Donald Trump's voice appears as well as a lot of other witnesses who are going to corroborate and support little pieces of that case.

SOLOMON: And Nick happening almost simultaneously but in the state of Georgia is this case with Fani Willis, the of course the DA there and questions about an improper relationship with a special prosecutor. Trump was thought to maybe be going, maybe not now. What are you watching here? You said it's a highly unusual case.

[09:25:05]

AKERMAN: Well, first of all, this is not highly unusual in the sense for the defense to make arguments of prosecutorial misconduct and for prosecutors to have to testify. I did it all the time. I mean, this is not unusual. However, it was not in the context of kind of a relationship between another prosecutor, two prosecutors. Normally, these kinds of claims come up, when there is some kind of right of the defendant that's impinged upon, whereas evidence is withheld or discovery isn't done properly. This is unusual.

I think this judge really is just trying to cover this situation. He's going to have a little hearing. I don't think it's going to amount to much and there's not going to be a real basis to do anything with the indictment in this case.

SOLOMON: But Nick, is it just about infringing upon the rights of the client? Or is it also about the public interest here in an ethical system? If prosecutors are accused of misconduct, prosecutors, I mean, it creates a bit of a credibility issue for the whole system, does it not?

AKERMAN: Well, it does. But even so, with respect to prosecutorial misconduct, it always has something to do with a right of the defendant that has been undermined in some way, evidence is suppressed. Certain items were not turned over to the defendants. So the bottom line is a grand jury brought this indictment, the judge is not going to interfere with the grand jury process. He's not going to interfere with this case going forward.

Any kind of ethical issues normally are handled outside of the court, if it's purely on ethical issues that don't undermine the trial itself. This would be handled by the Bar Association, the State Bar Association. So I don't see this really going very far.

SOLOMON: What are you expecting in terms of who we hear from in terms of the witnesses? So there was a question about whether Fani Willis might have to testify, and the judge essentially said, you know, they want to see who else testifies. First, we are going to hear from Nathan Wade's divorce attorney. I'm curious what the bounds of what an attorney can say is when there is still attorney-client privilege.

AKERMAN: Well, if there's attorney client privilege, the attorney can't say anything. The privilege belongs to the client. And that's going to stop it right there. I think what the judge is trying to do is trying to sound out exactly what if anything, the defense has beyond pure speculation.

SOLOMON: If there's a there, there.

AKERMAN: And give them a chance to put on this case, and then he's going to rule on it. I mean I think he's going to give him enough rope to hang themselves or to come forward with some kind of evidence that really shows that there is an issue with respect to the case.

BERMAN: Could last two days it will be televised this hearing in Georgia, it will be fascinating to watch to be short. Nick Ackerman, thank you very much for that.

AKERMAN: Thank you.

BERMAN: More than a million people gathering on the streets of Kansas City to celebrate the Super Bowl champions. Will they also get to see America's love story firsthand this Valentine's Day?

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