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Bryan Kohberger's Legal Team Files Alibi Defense; DOJ Nears Settlement With Nassar Sexual Assault Survivors; Prince Williams Returns To Work After Kate's Cancer Revelation. Aired 7:30-8a ET

Aired April 18, 2024 - 07:30   ET

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

[07:30:00]

JAMES SCHULTZ, FORMER TRUMP WHITE HOUSE LAWYER: He's referencing the jurors. He's pushing out something that someone else said -- yes. But the bottom line is it applies to him, right?

So I think the judge is going to see this as a violation of the gag order. And get ready -- they're going to continue and continue and continue.

Sure, the judge could fine him. He could admonish him. He could do a lot of things in the courtroom. He's not going to throw him in jail. This trial is still going to continue and you're still going to hear from Donald Trump on Truth Social, no doubt about it.

SARA SIDNER, CNN ANCHOR: All right. So from your words, you believe that he has violated the gag order because even though they weren't his words, he did talk about the jury on Truth Social.

SCHULTZ: Yes.

SIDNER: I do want to ask you about what we're learning about the prosecution's plan this morning if Donald Trump ends up taking the stand. Prosecutors are asking the judge to allow them to question him about his civil cases where he was found liable of sexual abuse against E. Jean Carroll and the business fraud cause that he lost.

Do you think the prosecutors' plan that they've laid out if he testified will make Donald Trump think twice about taking the stands?

SCHULTZ: Look, I think that there's a lot of factors that are going to go into whether Donald Trump takes the stand. One, how he feels the prosecution is going to try to impeach his testimony, meaning try to make his testimony not credible. Try to show him as a not credible witness.

You know, there are a number of things, including those things you identified, that perhaps the prosecution wants to raise, and the judge is going to weigh the probability of those issues versus the prejudicial effect they may have on the defendant. And that's the balancing test that the court is going to take into consideration when deciding how far the prosecution is going to be able to go on those prior acts. SIDNER: Well, Trump's defense team, of course, has a plan as well.

Perhaps the most crucial witness in this case is Trump's former personal attorney and fixer, Michael Cohen. He is a prosecution witness. He was the one facilitating the deals for Donald Trump in both of these cases with Stormy Daniels and the Playboy playmate.

What would you see as their plan of attack when it comes to Cohen taking the stand?

SCHULTZ: So look, he's the key witness for the prosecution and he has his own baggage as well. There have been courts that have recognized that he's perjured himself. There have -- he also -- the prosecution is going to show that he is completely prejudiced -- biased in this case. That he's angry with Donald Trump. That he's trying to settle a grudge. They're going to go after him with everything they have.

And that's why you saw -- you saw prosecutors asking the jurors -- potential jurors whether it's a like -- the difference between likability and believability. That goes right to Michael Cohen. Because they're worried that the jurors might not like Michael Cohen and they're going -- they've got to everything they can to make him believable, and that's going to be a really tough hill for the prosecutors to climb.

SIDNER: I'm really curious about this because I saw this morning Politico is reporting that the defense team could end up, if things don't look like they're going so well, trying to get the judge to allow the jury the option of considering misdemeanor charges instead of felony charges that the D.A. has brought.

What do you think about this strategy?

SCHULTZ: Well, I think it shows weakness in the case, right -- no doubt about it. And we all know that the misdemeanor charges -- the statute -- there's an argument the statute of limitations has expired on those misdemeanor charges. That they brought the felony charges. And the reason -- the only reason they have felony charges is they're making an allegation that there was a campaign finance law that was broken and that that's why the business records were recorded the way they were recorded to cover that up.

Well, that underlying crime or violation had never been charged. It wasn't brought by the FEC. The federal prosecutors never brought it. And remember, that's a federal crime at the end of the day. We're in state court. So that's where the stretch is legally in this case and probably where a lot of the appeals are going to -- are going to come from, and that why this is going to be tied up for a long time in appeals no matter what the outcome, convicted or not.

SIDNER: Yeah, and also it really is the crux of the case, Jim.

Thank you so much. I appreciate you coming in this morning. It's been a pleasure. Thank you -- John.

JOHN BERMAN, CNN ANCHOR: All right. New this morning, Arizona Republicans blocked a new effort to repeal the state's Civil War-era ban on almost all abortions. This after the Arizona Supreme Court resurrected the law. After two attempts, lawmakers voted not to discuss it on the House floor. So blocked in the Arizona House, though it did make some progress in the State Senate.

This standoff is a blow to Republicans in tight races in that state, including Senate candidate Kari Lake. They have been trying to distance themselves from the Supreme Court decision there. Also, Donald Trump, who said abortion should be left up to the states. And right now, it's left up to Arizona and this is what Arizona is doing with it.

[07:35:00]

CNN's Daniel Strauss is with me now on the latest standoff here in Arizona, Daniel.

DANIEL STRAUSS, CNN NATIONAL POLITICS REPORTER: Yeah. And listen, I can't underscore how important this is to advocates of repealing this law. This shows among not just Democrats but Republicans as well that there is a rift between those who really support it within the state and more national Republicans who are worried about the consequences of this law and it being seen as indicative of the party as a whole.

You've seen it -- you can see it yourself in Donald Trump, for instance, saying -- looking to distance himself from the law, or Kari Lake as well, trying to either digress and change the subject or argue that the law should be repealed and it's too severe.

So at this point in time, it's not really clear, despite calls from some of the most influential Republicans in the party for Arizona, what Arizona Republicans would -- what it would take for Arizona Republicans to actually move and try and repeal this law.

BERMAN: And again, there has been some movement in the State Senate where Republicans and Democrats have joined together. And there could be a vote on this as early as next week. But it would take passing the State Senate and the House where the Republican House Speaker, at least as far as I can tell, says he's not going to let it happen period, full-stop.

STRAUSS: Yeah, and it's a heavy lift, no doubt about it.

This is really yet another example of how more conservative state legislatures are playing an outsized role in American politics right now. The fact that one chamber of a state legislature is blocking something that has monumental implications just shows that at the state level, as Republicans have argued, this is still a complicated issue.

BERMAN: Yeah. And again, for reproductive rights advocates, they say when you say things should be left up to the states this is what can happen when left up to the states.

Daniel Strauss, great to see you this morning. Thank you very much -- Kate. KATE BOLDUAN, CNN ANCHOR: Driving out of town to go "see the moon and stars." That is the alibi now offered up by the legal team for Bryan Kohberger, the man accused of brutally killing four Idaho college students back in November 2022. This is coming out in a new legal filing just hours before a long-delayed deadline. And we're also learning how his attorneys plan to back up his not guilty plea.

CNN's Veronica Miracle -- she's got more on this and she's joining us now. Veronica, what more are you learning here?

VERONICA MIRACLE, CNN CORRESPONDENT: Well, Kate, we're learning that Kohberger's attorney is going to have an expert witness testify and prove and show that Kohberger's cellphone was not in the city limits of Moscow the night of the murders but was actually west of Moscow. They say he was out driving as he often did to go on a hike or a run, or as you said, see the moon and the stars.

They plan to bring forward the testimony of Sy Ray, who is an expert in cellphone tower and radio frequency. He specializes in that. He co- founded, rather, a company called ZetX that can -- that basically is able to track a device and also solve complex cases. And they say that his testimony will prove that Kohberger's cellphone was not traveling east on the Moscow Pullman Highway the night of the murders and that they say that proves that his car could not have been caught on surveillance video on that same highway.

Now, prosecutors contend that Kohberger's cellphone was in the area of the crime scene just hours after the murders. They also say his cellphone was around the house about 12 times starting in June of 2023 all the way up until his eventual arrest in December of 2023.

Right now, Bryan Kohberger faces four counts of first-degree murder, and his trial is set to start in March of 2025 -- Kate.

BOLDUAN: Veronica, thank you for the update -- Sara.

SIDNER: All right. New for you this morning, the Justice Department is nearing a settlement that could be millions of dollars for the sexual assault survivors of former USA Gymnastics team doctor, Larry Nassar. More than a dozen survivors have filed claims against the government over its negligence while investigating the case.

Back in 2018, the disgraced doctor was sentenced to up to 175 years in prison after being convicted of sexually abusing more than 150 women and girls over the course of 20 years.

CNN's Polo Sandoval is joining me now. This is a --

POLO SANDOVAL, CNN CORRESPONDENT: Hey, Sara.

SIDNER: -- very significant moment for these victims.

SANDOVAL: Yes.

SIDNER: How soon could this be finalized? SANDOVAL: So, Sara, this potential settlement, first reported by The Wall Street Journal, could potentially come any week now, and it's important because this is a long time coming.

[07:40:00]

As you'll recall, more than a dozen survivors of Larry Nassar's sex abuse have sued the government since 2022 using the Federal Tort Claims Act, which basically allows individuals to take the government to court for negligence. The plaintiffs in this case alleging that the FBI agents investigating the former USA Gymnastics Team doctor "turned a blind eye to abuse allegations" and the DOJ agreed to begin negotiations.

Now here we are two years later and a person familiar with these negotiations telling CNN that the DOJ is, in fact, finalizing a settlement with survivors, though details won't exactly be confirmed until a deal is struck in court. This could mean tens of millions of dollars for the victims.

Survivors previously filed $130 million worth of claims against the FBI alleging that agents in the bureau's Indianapolis and L.A. field offices initially failed to act on sexual abuse allegations against Nassar. The lawsuit really built off an absolutely scathing inspector general's report that found that FBI agents made false statements and that they also failed to properly document complaints from survivors.

And as you'll recall, Sara, this will not be the first sort of deal struck for Nassar survivors. USA Gymnastics, as well as the U.S. Olympic Committee -- they reached a $380 million deal previously with the survivors here.

CNN has reached out to the law firm representing these survivors. The DOJ declining to comment. But also, I'll point you to the FBI director's comments before lawmakers back in 2021 when Christopher Wray called his agents' actions, or in this case inactions, inexcusable.

So we have seen the FBI really sort of face the facts that agents -- they said not the organizations but specifically, agents failed to act and failed to protect young women and girls who were crying out for help.

SIDNER: So many people failed to protect these women and girls.

Thank you so much, Polo, for that reporting.

SANDOVAL: Thank you, Sara.

SIDNER: It was great -- Kate.

BOLDUAN: Donald Trump's latest creative take, maybe, on fundraising -- use his name or likeness in your own campaign. And he wants you to pay up to him.

Prince William's first return to royal duties since Princess Kate shared her cancer diagnosis. We have details on that.

Plus, CNN's new film "BLUE CARBON" debuts Sunday at 9:00 p.m. on CNN. Here's a preview.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Now, I want to make a new anthem for nature by recording the sounds of coastal habitats that we don't value enough. Habitat scientists called Blue Carbon. But for that, I need to go back out into the field.

In Southern Florida, a vast network of waterways spill into the ocean, creating one of the most extensive wetlands in North America. This is what a blue carbon ecosystem looks like.

(END VIDEO CLIP)

(COMMERCIAL)

[07:47:42]

SIDNER: New for you this morning, Donald Trump's team wants Republican candidates to give them a cut of their fundraising cash. The campaign is telling candidates and committees that if they use the former president's name, image, and likeness to fundraise, they should give at least five percent of what they get to Donald Trump.

CNN's Steve Contorno is joining me now. Basically, you use the name, you pay for it.

STEVE CONTORNO, CNN REPORTER: Exactly, Sara. There was a letter that was sent dated April 15 from the top officials in Trump's campaign saying look, if you're going to use Trump's name, likeness, and image then we should get a chunk of that money that you raise using Trump's image. And they suggested at least five percent.

And I say at least five percent because there is this interesting line in the letter that they sent, and let me read it for you now. It says, "Any split that is higher than five percent will be seen favorably by the Republican National Committee and President Trump's campaign and is" -- that information -- "routinely reported to the highest levels of leadership within both organizations."

The implication being if you give a little more than five percent maybe the former president will even know about it and maybe the top level of the RNC will know about it. So clearly, trying to encourage people to give even more.

And look, the RNC is saying we need to do this because there are people who are putting Trump's name, claiming endorsements, putting pictures of him and of their candidates with family members, starting Trump memberships. This can be confusing for donors who think that they might be giving to a Trump-backed candidate or maybe even Trump themselves. And so they want to eliminate any confusion there.

But obviously, this is coming at a time where Trump is in a tight race with President Biden in the -- and in a fundraising cash crunch. He is trailing Biden's campaign and the DNC in that -- in the fundraising push and this is another effort to get some more money into their campaign coffers for these next five months.

SIDNER: It'll be curious to see how this is responded to by candidates.

Steve Contorno, thank you so much -- appreciate it -- Kate.

BOLDUAN: Joining us now is Republican strategist Rina Shah and Democratic strategist Chris Kofinis.

Guys, let's start here. I mean, Rina, what do you think of this ask of down-ballot candidates? I mean, down-ballot candidates -- they need all the cash they can get. I mean, would you advise any of them to go along with this?

[07:50:05]

RINA SHAH, REPUBLIC STRATEGIST (via Webex by Cisco): Absolutely not. I would tell them to fight back. I mean, this is not just unconventional, it's not just a business deal, it is almost mafioso- like. And I think, of course, this just tracks with who Trump is. He treats politics just like a mob boss would, in many ways.

And so, if anything, this isn't like a show of hey, you know, this could be party unity. Give us a little here. This is putting a little bit too much pressure on candidates who, frankly, need that money for their own races.

We all know the RNC is not coming to help anymore. They haven't got as much cash. So why are you trying to steal from the little guy again, Trump?

BOLDUAN: I mean, it is -- I giggled a little bit, Chris. It was just like talk about unconventional -- I mean, on top of unconventional.

I saw in the Politico reporting -- and Steve as talking about this, too -- that Trump officials -- they're insisting that the purpose of the five percent split is not to raise money for themselves but to dissuade scammers from using Trump's brand without permission.

I mean, what do you think? Maybe a novel fundraising strategy or something more desperate?

CHRIS KOFINIS, DEMOCRATIC STRATEGIST, FORMER CHIEF OF STAFF FOR SEN. JOE MANCHIN: I don't know if it's desperate but it could be.

I mean, I think there's a couple of things. Clearly, he's got a money problem. They're going to -- he's going to lose the money race. I think that is already clear.

I think the other part to it that I think is maybe the more kind of controlling aspect of this -- I think the Trump campaign wants to know who is using his likeness and who isn't but for a particular reason. Essentially, who is on his team and who isn't?

And so, if you think about this in terms of the entire country, especially in those key battlegrounds, you can almost -- you can almost kind of reverse engineer -- all right -- in some of the key races who is, like, leaning into Trump and who's running away. And that can help kind of shape their strategy.

So I think it's bigger than just money because I think unless they're completely delusional they know they're going to lose the money race. I think this is more about political control and campaign control.

BOLDUAN: Yeah. That almost feels like too many backflips to get there. Why don't you just ask the campaigns are you with us or are you going to separate yourselves from us? Regardless, I don't run campaigns.

Rina, let's talk about what's happened on the Hill in the last 24 hours. The Senate dismissed the articles of impeachment against the DHS secretary, ending the Republican push there. In the House, the Republican speaker not making friends with the right flank and moving ahead with these votes on the foreign aid bills.

Do you see this as shaping up to be a good week or a tough week for Republicans?

SHAH: All indications tell me this is actually a really good week for Speaker Johnson. I mean, he has been plowing through despite all the naysayers. Despite the wannabe revolt from the right flank of his that he's got to ward off every minute of every day, it seems.

I do admire his sort of courage to go ahead and keep trying to legislate. I mean, splicing border security away from foreign aid seems like the best possible option for him.

And look, I have to remind folks Marjorie Taylor Greene is threatening to get rid of the speaker altogether. Why? Simply because he wants to put Ukraine aid on the floor. And we all know that Ukraine needs this money. This money has been helpful all along. And now if they don't get it, they don't have what they need to beat back Russian aggression. It's as simple as that.

But again, you've got people like Marjorie Taylor Greene who want to blow it all up. And Speaker Johnson is showing that he's willing to lose his job if it just means to do the legislating. So I really admire it.

I think this is a week in which there has been a bit of a win on the Republican side. And look, there have been a lot of us who say how does Speaker Johnson survive this without the Democrats' help? So far, he hasn't gone begging and pleading. And I think this is a moment in which we have to, again, commend his statesmanship. I commend him wanting to do the job.

There are a lot of things in Washington -- you and I know, Kate, and Chris also knows things just don't get done. Things look really bleak. I am feeling a lot more hopeful after yesterday. BOLDUAN: Interesting.

Chris -- I mean, you worked on the Hill for years. I chased you around on the Hill for years. I want your take on this week. And in doing so, let me play what Nancy Pelosi said last night about Mike Johnson on CNN.

(BEGIN VIDEO CLIP)

REP. NANCY PELOSI (D-CA): I think it's courageous of him to say -- because you have to understand that in his own caucus, the chairman of the Intelligence Committee and the chairman of the Foreign Affairs Committee -- two leaders -- respect on both sides of the aisle -- have said that Russian propaganda has infiltrated the Republican side of the aisle. So he has to deal with that. And for him to say that the democracy in Ukraine is an issue that we must support is a bold statement.

(END VIDEO CLIP)

BOLDUAN: She's praising him and calling him courageous.

I mean, what's your take on this week, Chris?

KOFINIS: Well, I mean, this is a classic battle between policy and politics, to say the least. I think politically, it's going to be a tough -- a tough position for him because if you look at some of the recent polling, the Republican Party -- Republican voters are not supportive of Ukraine.

[07:55:08]

And so, that -- you know, that is what's fueling a lot of these Republican base extremists, if you want to call them that -- whatever -- and that poses, obviously, given their slim majority, a real political problem.

Listen, he'll probably push these votes through with Democratic support, but if you lose a few Republicans and they are actually to push a challenge, then the question becomes are Democrats going to come and rescue him in that vote? I don't think so. Because I think the problem for the Republicans, especially in an election year, is when the American voter sees chaos, regardless of the reason, they retrench. And they're like well, how do we put these guys back in charge? And so, they've got a big political problem beyond this Ukraine vote.

BOLDUAN: Yeah.

OK, who -- this is a grab-if-you-will -- whoever wants to jump at it, which is I know impossible when we're all -- when you guys are remote, but let's try it.

This new reporting that more than a dozen members of the Kennedy family are coming out to formally endorse Biden. RFK Jr. has been polling around -- I think the latest is, like, 14, 12, 11 percent in recent polls.

What is the impact of this Kennedy family move? Maybe it's more what does it say more about concerns of the impact of RFK Jr. on the race.

KOFINIS: Yeah. So I think, Kate -- I'll jump in, all right? I think you just kind of hit it on the --

SHAH: Please.

KOFINIS: -- head on the last -- on the last part, which is there is obviously clear concern about RFK and the impact that he could have in some of these key battlegrounds. I mean, if you -- unless you're divorced from political reality, everybody knows this election is going to come down to a handful -- probably about five battleground states. And given how close this race is going to be, RFK polls in some of those battleground states -- he gets up into the high single digits or higher. There's a big political problem for Democrats.

BOLDUAN: Other than the fact that I think we all want to divorce ourselves from political reality sometimes.

Rina, what do you think?

SHAH: You know, I just find RFK Jr. to be laughable. I mean, if your own family doesn't want you, who really wants you? Ballots are still waiting for his name. How he gets there I don't really fully see it.

But Chris' point is absolutely well-taken. Democrats have more to worry about in this moment. Trump gets that, too. The Trump team is way more professional and I've got to remind folks of that every day of the week. This is a better-run campaign. And you don't know what's going to happen on the inside if RFK gets better valid access and, again, runs up the numbers in those key battleground states. We definitely want to take his eye -- take our eyes off of him, but I would just say he's still sitting over there in very irrelevant land.

So I'm glad the family is out talking about him -- but at this point, I'm not paying that much attention to him.

BOLDUAN: Also, irrelevant land. I'm headed there right after I divorce political reality.

It's great to see you guys. Thank you so much -- John.

BERMAN: All right, the breaking news. We just learned that the Prince of Wales, a few minutes ago, has officially returned to royal duties. He is making his first official public appearance since his wife revealed that she is undergoing preventative chemo treatments for cancer.

CNN's Max Foster in London with the very latest here. So, back on the official job as of now, Max.

MAX FOSTER, CNN ANCHOR AND ROYAL CORRESPONDENT: Yes, and very hands- on. He's been preparing food in a distribution center for surplus food, which is then sent out to charities. So he's been throwing himself in.

And all eyes on him, of course, because he's been out of action since that big announcement from his wife. And it does suggest that he's well enough -- or she's well enough, rather, for him to go out and carry on with his public duties. So I think that's why there's so much focus on this.

I don't think we're going to hear much about the princess. I've just been told that he's received some get-well cards for her to pass on, which he took. But we'll wait to see afterward to see whether or not he's made any comment to the people that he's met today because I'm sure that will take a lot of the headlines.

But he's going to this distribution center, then he's going into London where he'll see where that food is taken -- to a youth center. So there will be lots of pictures and moments coming out throughout the day.

BERMAN: Max, any update on the Princess of Wales -- her treatment, her health? Any update on the king -- his treatment and his health?

FOSTER: No. So, they've made this very clear to us throughout this process that they're not going to give any updates. They very much felt -- in terms of the princess, she said all that she could in the way that she wanted to say it in that video. And there will be updates later on. Perhaps we may even see her appearing at occasional events if she feels well enough.

I think if we look at the timing of this event today with Prince William, it's pretty clear that he's able to go back to work as well also because the kids have been on holiday and they went back to school yesterday.

BERMAN: All right, Max Foster for us in London and obviously, standing by to see if we hear Prince William speak sometime after these events today. That will be interesting in and of itself. Max, thank you very much for that.

All right, a new hour of CNN NEWS CENTRAL starts right now.