Return to Transcripts main page

CNN News Central

Daniels to Retake the Stand; Trump Seething Over Daniels' Testimony; Biden Slammed over Israel Comments. Aired 9-9:30a ET

Aired May 09, 2024 - 09:00   ET

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

[09:00:00]

COL. CEDRIC LEIGHTON (RET.), CNN MILITARY ANALYST: Intelligence that they would need to go after specific targets. So, like, let's say, Hamas' leadership and specific tunnel areas, things like that, they could do it, but it's really a very tough thing for them to do if they're not able to soften up the targets before they go in and conduct those kinds of operations.

JOHN BERMAN, CNN ANCHOR: Colonel Cedric Leighton, great to see you this morning.

Stormy Daniels about to get back on the witness stand in the criminal trial of Donald Trump. A new hour of CNN NEWS CENTRAL starts right now.

ANNOUNCER: This is CNN breaking news.

KATE BOLDUAN, CNN ANCHOR: And happening right now, we are looking at a live look once again inside the courthouse in Manhattan where any minute Donald Trump is going to arrive and head back into the courtroom.

His criminal trial resumes with Stormy Daniels heading back on the stand for more cross-examination. This is after she told the world, and the jury more importantly, a lot about the alleged sexual encounter with Donald Trump. Sources tells CNN this morning Trump's lawyers still have awhile to go, is how it's being described, when it comes to questioning the cross-examination of Stormy Daniels. The defense planning to add new questions to their cross now.

CNN's Brynn Gingras is outside the court for us once again.

Brynn, what are you learning about what the - what the defense team is planning now, what's - and what changes?

BRYNN GINGRAS, CNN CORRESPONDENT: Yes, so, Kate, when Stormy Daniels was being questioned by defense attorneys on Tuesday, when we last had court, she had been on the stand for about 90 minutes. And we were told from sources that the defense really didn't have much more questioning to do.

However, after the prosecution has asked its questions and basically, according to the defense, Stormy Daniels alleged that the relationship between Donald Trump and - or sort of insinuated, I should say, that the relationship between Donald Trump and Stormy Daniels was not exactly consensual, apparently the defense didn't like that and so now they're going to fire a lot more questions at her.

So, that's why we're learning from sources they now say they have a while to go in there cross-examination with Stormy Daniels.

Of course, in that 90 minutes that they've covered so far, they really attacked her credibility. They questioned her motives with coming forward with her story. And they really were hammering home questions one after another with her. So, it's going to certainly be another eventful day in court with Stormy Daniels on the stand.

Again, we don't know how much longer they're going to take, but after that we will see prosecution most likely have a redirect of Stormy Daniels as well. So, it's possible the whole day will be filled with Stormy Daniels.

And then, of course, Kate, we don't know who's up next after that.

BOLDUAN: And, Brynn, is there just word coming now from inside court that the judge making a decision or changing some rules with - as it relates to photography in court? What is this?

GINGRAS: Yes. Yes, so remember all those pictures that we get of Donald Trump at the defense table with his lawyers. We get them every morning long. We show them to the viewers. That is no longer going to happen according to a pair - our pool reporters. Apparently their person, the pool photographer, who is doing that job, their job is to go into this particular well to get that shot. Apparently they tried to take a picture of Donald Trump as they were getting to that well. So, in the aisle of the courtroom. And the judge did not like that. Apparently Judge Merchan is saying there will no longer be pictures taken of Donald Trump now inside the courtroom.

So, that means we won't see that photo. All we will be able to have from inside are court sketches.

Now, the video that you were just showing of outside of that courtroom, that is still going to be allowed, and that is fine. But it appears, for now, there will be no more photos inside the courtroom, so we won't get those every morning as we have been doing for this course. And that is apparently for the rest of this trial.

BOLDUAN: And, Brynn, Donald Trump and his team are also still trying to fight this gag order. Where do things stand with that right now?

GINGRAS: Yes. Yes, so they made a filing - remember previously, you know, saying this gag order was unconstitutional. Remember, this is the gag order that bars Donald Trump from talking about witnesses, the jurors, family members of the judge and prosecutors. And he violated it according to Judge Merchan ten times. They had said that this was unconstitutional. They asked earlier that the appeals court in New York stop this trial until they made a ruling on that - basically on their - on their argument there. That ruling has not been made. So, essentially, they just now filed a new filing that is asking the

court to hurry up with the process, hurry up with a decision on whether or not they believe this gag order is unconstitutional. So, that's what the filing was made in the court of appeals in New York yesterday. So, we're still waiting to see where that lands.

BOLDUAN: Absolutely.

Brynn thank you so much. Already getting some news coming out of court. We're going to say right on top of that.

Sara.

SARA SIDNER, CNN ANCHOR: All right. Thank you, Kate.

Donald Trump reportedly seething last time Stormy Daniels was on the stand, so how might this go today?

CNN's Alayna Treene has been doing some digging, joining us now.

We know that while she was on the stand he was shaking his head.

[09:05:04]

The judge admonished his attorneys, telling them to tell him to stop because they could hear him cursing audibly. What are you learning about today?

ALAYNA TREENE, CNN REPORTER: Well, it hasn't really changed, Sara. Donald Trump is still angry. And I think you can anticipate similar activity from him in the courtroom at least regarding this.

Look, this is very uncomfortable for the former president. And, you know, from what I cover, the politics of this, this is something really that his campaign and his team and Donald Trump do not know how this is going to play out in a general election. And this is really one of the key testimonies that they were worried about, about hearing from Stormy Daniels.

And, remember, she is a woman who has alleged that she had an affair with Donald Trump. These are very salacious details that she is describing on the stand. Details that they do not want playing out in the public. And yet that is what we're seeing.

And so when I talk to Donald Trump's team behind the scenes, they're kind of telling me the same thing that you're hearing his attorney say in court, which is that they think that she's making this up. That they think that they really want to try and undermine her credibility with this second day of cross examination. I think you'll see that play out in court today.

But, from my conversations, again, this is embarrassing for Donald Trump. And that's really this entire trial. You know, unlike some of the other criminal indictments he's facing, I've consistently been told by his team that they actually think this case is the weakest of the criminal indictments. However, it's also the most personally embarrassing for Donald Trump. And this testimony from Stormy Daniels is really kind of the pinnacle of that. Her sharing these details, things that Donald Trump does not want out there. That's why you're seeing him scowl in the courtroom, shake his head, talk to attorneys.

And one other thing that I found really interesting, and, of course, this is according to our great reporters who have been inside the courtroom bringing us these details, is that, you know, Donald Trump has been, at times, not as engaged in other testimony. He's closed his eyes as he's listened to other people on the stand. He has been very engaged when Stormy Daniels has been testifying. He's been paying very much attention. And as you mentioned, again, leaning over to talk to his reporters (ph), cursing at times, shaking his head at times, being admonished from Judge Merchan. So, I think that really just speaks to how important this is and how really damaging this could be for his public image.

SIDNER: Yes, and a lot of analysts have said, look, this is kind of the run of the litter of all the cases that are facing Donald Trump, but here's the thing, it is the only one that may be going before the election, making it a really, really important case.

TREENE: Exactly.

SIDNER: I do want to ask you, because Donald Trump has consistently complained that he can't campaign, although he did not go on the trail when he had a day off. But now the campaign has been coming to the court, correct?

TREENE: Uh-huh.

SIDNER: Who is supposed to show up with him today?

TREENE: Yes, so we actually were told that Senator Rick Scott is planning to join Donald Trump at Trump Tower this morning and is traveling with him to the courthouse today. He will be inside the courtroom.

And this is really interesting. This is actually the first member of Congress that we've seen appear with Donald Trump, who will be inside with him today.

But, look, from my conversations with a lot of Trump's allies, and the Trump campaign, they tell me that many people, like Senator Rick Scott, have offered to appear with Donald Trump, kind of show that they support him, stand in solidarity with him. We know that we saw Eric Trump, one of his sons, appear with him.

Last week we know that David McIntosh, the president of Club for Growth, a conservative fiscal organization, also attended court one day. So, we're seeing his allies want to come and appear with Donald Trump and show solidarity.

And so that's kind of what we're seeing play out this morning. It will be interesting to see if more people try to do this, to come to New York, travel with the former president, stand with them and really, again, just saying, I'm with Donald Trump. I'm going to stand in the courtroom. I'm going to show that we support him.

And we know - I mean we've seen a lot of his other allies, you know, repeatedly, even though Donald Trump has this gag order, his allies don't. We've seen them kind of attack people that Donald Trump can't attack. And I think we'll see some of that from Rick Scott today.

Sara.

SIDNER: And you, of course, also have the veep stakes that is happening as well.

TREENE: Yes.

SIDNER: So, it will be interesting to see who shows up.

Alayna Treene, thank you so much for all your reporting there.

John.

BERMAN: Yes, it has been interesting. Eric Trump, the only family members so far to be in court.

We've got new reaction from inside Israel after President Biden's exclusive interview with CNN. In response to the president's comments, one official says, quote, "it is amazing to discover that the world has forgotten what happened in Israel on October 7th."

(COMMERCIAL BREAK)

[09:14:06]

BERMAN: We are getting new reaction this morning after President Biden told CNN, Erin Burnett right there, that he would withhold certain weapons from Israel if they launch a full-scale invasion into Rafah.

So, Donald Trump accused the president of taking the side of these terrorists. And this is what New York Republican Congressman Mike Lawler told Kate just a few minutes ago.

(BEGIN VIDEO CLIP)

REP. MIKE LAWLER (R-NY): What the president is doing here is capitulating because of electoral politics, because he's concerned about the vote in Michigan and Minnesota. And that is taking precedent over eliminating a terroristic threat. And to me that's unconscionable. I don't care how many ways he tries to spin this.

(END VIDEO CLIP)

BERMAN: CNN's senior White House correspondent, Kayla Tausche, is with us now.

Kayla, always great to have you on CNN NEWS CENTRAL.

There was a lot in this interview with Erin last night.

KAYLA TAUSCHE, CNN SENIOR WHITE HOUSE CORRESPONDENT: There was a lot in the interview last night and a lot that was very newsworthy.

[09:15:00]

In particular, those comments about aid to Israel, where the president appeared to be more willing than he has been in the past to embrace the conditioning of military aid and outlining what the White House's position has been, which is, if there is a major incursion into Rafah, then that aid will be withheld.

But with such an incursion still possible, the U.S. doesn't want to be seen as supplying large bombs that could cause mass casualties, or even supplying artillery that's viewed as less precise and more indiscriminate, especially when used in large urban areas.

Now, I'm told that despite the fact that the White House has been saying publicly that the operation in Rafah, as it stands now, is limited. That's what Israel has said. That's what National Security Spokesman John Kirby has said the U.S. believes as well. That, of course, can change at any instant. And so the U.S. wants to make sure that its own policy is prepared, John.

BERMAN: In addition to the discussion about Israel, there was also a fulsome discussion about the economy as well, Kayla.

TAUSCHE: There was. And it's an important point because it's so critical to voters in the blue wall, which, of course, is very important for Biden seeking re-election. And they're generally giving him widespread disapproval on the economy.

Here's how the president explained it, though. He said that generally consumers are at least starting to feel better.

(BEGIN VIDEO CLIP)

ERIN BURNETT, CNN ANCHOR: With less than six months to go to Election Day, are you worried that you're running out of time to turn that around?

JOE BIDEN, PRESIDENT OF THE UNITED STATES: We've already turned it around. Look - look at the - the Michigan survey. For 65 percent of the American people think they're in good shape economically. They think the nation's not in good shape, but they're personally in good shape. The polling data has been wrong all along.

We have the strongest economy in the world. Let me say it again, in the world.

(END VIDEO CLIP)

TAUSCHE: Now while it is true that consumers generally feel better than they did say two years ago when inflation peaked, that's when consumer sentiment hit absolute rock bottom. And that trend is moving upward.

It is also true that Biden still significantly lags how consumers felt under his predecessor, Donald Trump, with some of that sentiment peaking back in 2018 and 2019. So, John, when voters say that, you know, they don't feel good about the economy, they can, in some senses, look back at how the economy was and point to some of that data. And the data had showed that they felt a lot better then, which could be a problem for Biden.

BERMAN: Indeed. All right, Kayla Tausche, great to see you this morning. Thank you very much for all that.

Sara.

SIDNER: All right, we've got live pictures now that appear to be from inside the courthouse where Stormy Daniels expecting to take the stand yet again in Donald Trump's criminal hush money trial as he makes his way to court. Live, special coverage is coming up.

And we're just minutes away from the opening bell on Wall Street. Wall Street is coming off a mixed session if you take a look here. The Dow extended its winning streak to six days, while the S&P 500 closed lower for the first time in five days.

Today, investors waiting for quarterly earnings reports from Warner Brothers Discovery, parent company of CNN. The results come one day after Warner Brothers Discovery announced it is teaming up with Disney to offer a new streaming bundle. The deal would bring Max, Disney Plus and Hulu all together in a bundle for the very first time. That's ahead.

(COMMERCIAL BREAK)

[09:22:51]

DONALD TRUMP (R), FORMER U.S. PRESIDENT AND 2024 PRESIDENTIAL CANDIDATE: Thank you very much.

What Biden is doing with respect to Israel is disgraceful. If any Jewish person voted for Joe Biden, they should be ashamed of themselves. He's totally abandoned Israel and nobody can believe it. I guess he feels good about it because he did it as a political decision. You have to do the right decision, not the political decision. But he did a very bad thing.

I just want to let you know that we just filed a major motion at the appellate division concerning the -

BOLDUAN: Donald Trump responding there to President Biden's interview with CNN's Erin Burnett that played out last night. And the fallout from it is being - the impact of it and the fallout from it is being felt today, as he called any Jewish person who would now vote for Joe Biden - a - it would be shameful is what he said.

This is Donald Trump heading into court, taking his time to make political - any political statement and campaign before he heads in.

And when he does head in, court will get back in full swing. Stormy Daniels will soon be retaking the stand and cross-examination will continue. The judge has already, though, made an announcement this morning that

there will no longer be photographs taken inside the courtroom. Those official photos. You're looking at one of them right there. And this is after the judge says the court photographer took a photo of Trump at a time when he was not supposed to as he was moving towards the location where he takes the photograph. Regardless, that is now the decision from Judge Merchan,

Donald Trump's lawyers, were told this morning, are planning to shake up their strategy a bit, going to spend more time, asked more questions of Stormy Daniels in their cross-examination than had been originally planned.

Joining us right now is CNN legal analyst, former federal prosecutor, Jennifer Rodgers, and CNN legal commentator and former Trump White House lawyer, Jim Schultz.

Jen - Jennifer, what do you think - what do you think of this decision? What do you think it says of the defense team, they're picking back up, and this is going to get in full swing in a second, that they're now planning to spend longer and ask more questions of Stormy Daniels?

[09:25:02]

What does it say? Are there risks associated with it?

JENNIFER RODGERS, CNN LEGAL ANALYST: Yes, I think it's a mistake, Kate. I mean, they, I thought, would stay clear of the details of the actual tryst itself. It's incredibly embarrassing to the former president. And the more detail she gives, the more likely it is that the jurors think that she's telling the truth, right? Details are a sign of truth telling. And this gives her an opportunity now to go over those facts again and to reiterate, listen, I didn't want this. He is not attractive to me. He's old. You know, all of these things.

It also potentially gives the prosecution the opportunity to call another witness who can corroborate that she told them at the time that this that happened. There was a friend of hers, Keith I think his name was that she identified as someone that she had told. So, I think this is very risky for them. I'm surprised that they're doing it. I think it's going to backfire.

BERMAN: It is interesting, Jen, you bring up during her testimony she did keep leaving these, I guess we call them easter eggs, the kids call them easter eggs, about people she had given contemporaneous accounts two of the events of that day. And it made me think that, oh, if she needs to corroborate it, they always could.

Jim, to the point that Jennifer was making right there, I know that Trump people are telling us that, yes, they're going to go hard after Stormy Daniels. Maybe the audience for that is Donald Trump, at least right now, because I have a hard time believing they're going to want to talk much more about the sex stuff.

JAMES SCHULTZ, CNN LEGAL COMMENTATOR: Yes, I have a hard time believing they're going to go at her on the tryst, if you will. I think it's more likely that they, you know, go after some of - some - things that can attack her credibility as a witness, right? Not so much related to her direct testimony as it relates to, you know, the facts and circumstances surrounding it.

I would be surprised if they give her an opportunity to repeat herself. That would be a big mistake. But I do think they - they are going to try to impugn her credibility with, you know, a number of items that they probably have in their arsenal relating to how she's conducted herself in her business life, how she's, you know, an inconsistency she's made and think - in statements she's made both publicly. There's a huge amount of information out there from her television show and other things that they can draw from. I think that's probably where they go. If they delve into those facts, that's a big mistake.

SIDNER: Jennifer Rodgers, I want to go to you and see - pushing forward. She's going to be on the stand. We don't know how long today. But there are two other blockbuster type of witnesses. You've got Michael Cohen that still has not testified. You've got -- help me out here.

BOLDUAN: Karen McDougal.

SIDNER: Karen McDougal, the former playmate - Playboy playmate that has not testified. What do you see happening next? The prosecution has done this thing where they've done someone who is known to the public, pretty exciting, and then putting someone else who is like a little more boring, talking about the details of the bookkeeping. How do you see them proceeding?

RODGERS: Yes, that's a great question, Sara, because I don't know who else they have left. I do expect that someone likely will testify about how Michael Cohen was normally paid. You know, he certainly wasn't paid in personal checks by Donald Trump when he was working for Trump Org. So, someone may come on to kind of explain that. That may be what we will see next. As you said, it's kind of been a back-and- forth between the big blockbuster witnesses and the more boring stuff.

But they do have to get to Michael Cohen before this thing is over. They don't want him to be the last witness because it's going to be so contentious and the cross is going to be so hard-hitting. So, if they're running out the people, we may see him sooner than later so that they don't end on that note.

BERMAN: We have two more minutes, right? We - we're getting conflicting messages from high on up above.

All right, we're going to keep going then.

Go ahead.

BOLDUAN: Can I please -

BERMAN: Please continue.

BOLDUAN: Thank you so much.

BERMAN: I grant you permission to continue.

BOLDUAN: Thank you so much, sir.

As I lose my train of thought. OK, Jim, do you think Stormy Daniels, now going forward, becomes a more significant witness than maybe people thought that - or had hoped - had - in terms of legal teams, thought she was going to be going in? The unring the bell thing kind of sticks with me. Do you think she now is more of an important witness then they maybe - people maybe anticipated going in?

SCHULTZ: I'll take that one. I don't - I don't think so. I think the prosecution got their point across that this was likely very, very important to Donald Trump that this be kept quiet, right? That was the reason for kind of getting into all those details.

BOLDUAN: Right.

SCHULTZ: They may have taken a little bit too much of a risk on that, but that was the reason for those details.

I don't think that it becomes all that much more important beyond that, likely because they still need to make that connection or - or more inferences, if you will, of how this business record was recorded, and - and - and the - and how that transpired. If they can't make that showing, and people don't believe Michael Cohen and he's the key to it, then they're going to have a problem with the jury.

[09:30:01]

BERMAN: Fifteen seconds, Jen. In redirect with Stormy Daniels, what does the prosecution want to clean up?