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Jury Selection in Hunter Biden Trial; Lara Trump Slams Larry Hogan for Comments; Repairs Being Made on Water Main Break in Atlanta. Aired 9-9:30a ET

Aired June 03, 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]

KEITH BOYKIN, DEMOCRATIC STRATEGIST: Weakened their case to be in effective party that should be competitive in any election.

JOHN BERMAN, CNN ANCHOR: All right, Keith Boykin, Pete Seat, great to see both of you this morning. Too young men joining me for an important political discussion. Thank you very much.

I knew hour of CNN NEWS CENTRAL starts right now.

KATE BOLDUAN, CNN ANCHOR: Moments ago the first lady, Jill Biden, just arrived in court as her son is about to face trial, an historic first there. And jury selection has started.

This morning also, Dr. Anthony Fauci is now retired from government, but he will be back on Capitol Hill for what's expected to be a combative and contentious hearing as Republicans grill him over the origins of Covid.

And history being made in Mexico. The nation has elected its first female president.

I'm Kate Bolduan, with John Berman. Sara is out today. This is CNN NEWS CENTRAL.

BERMAN: All right, happening now, jury selection is underway in the federal gun trial of President Biden's son, Hunter Biden. Hunter Biden did arrive at court in Wilmington, Delaware, just a short time ago. Just minutes later, First Lady Jill Biden also walked into the courthouse. Hunter Biden's trial marks the first time in U.S. history that a child of a sitting president is on trial and at the center of it all is a revolver. Biden is charged with illegally buying it and possessing it while abusing or being addicted to drugs. That is the charge.

CNN's Evan Perez is outside the federal courthouse in Wilmington, Delaware.

Where are we this morning, Evan? What's the latest?

EVAN PEREZ, CNN SENIOR JUSTICE CORRESPONDENT: Hey, John. Well, this historic trial is now officially underway. Judge Maryellen

Noreika has gaveled the start of the proceedings. We have about 250 jurors in the courthouse. They're going to be led through a series of questions about, you know, their political views, their activities, their views on gun control, their views on addiction, whether they have any relationship with the Bidens. Of course, this is the smallest state in the United States. It's also a state where the Biden family looms very large. So, we expect that this is going to take a little while to be able to seat a jury.

What we know right now, John, is that this - this is a trial that could take just over a week. It's a case that looms large politically. Obviously, the first son of a sitting president being put on trial here by the federal government, by Joe Biden's own Justice Department. It's also very personal. We're going to have a lot of his personal activities, including his struggle with drug addiction that is going to be part of this trial.

You saw the first lady, Jill Biden, show up here to show support for him. We are told that when she entered the courtroom, she gave him a hug and they sat there just behind his table.

This is a case, obviously, John, that has gone a long way since 2018. This is when the Justice Department first started investigating Hunter Biden for his business activities and for possible tax violations. And over for the period of that, over the intervening years, we saw - we've seen a lot of information come out of this, including, of course, his laptop, which prosecutors are going to use some of that evidence from his laptop to try to show that he was drug addicted when he bought this firearm, this gun, back in 2018.

He owned this gone for about 11 days back in 2018 before his then woman - the woman who he was dating with, threw it away. And so that's where this case centers. We know, John, that, at the end of this, of course, Hunter Biden faces very, very long odds. The - there is no doubt that he owned this gun. There is no doubt that he was struggling with drug addiction. There is also no doubt that he talked about it. He's admitted to some of this publicly in his memoir, in some of those text messages that the government is going to use against him.

Hunter Biden's pleaded not guilty, but he is also going to try to poke polls in the government's case, trying to argue that he didn't know necessarily that he was addicted to drugs when he - when he - when he signed those forms not allowed him to buy that gun back in 2018.

Again, this proceeding is just now underway. We expect that jury selection is going to take probably today into tomorrow.

John.

BERMAN: And, Evan, just a little bit more about how Biden intends to defend himself and whether there's any discussion of a possible plea deal still even at this late stage.

PEREZ: Well, I mean, there is always a chance of a plea deal right up until the right - during the trial, right? [09:05:01]

That happened - that does happen from time the time. From all our conversations with the lawyers involved, that does not seem likely. You'll remember, of course, that during this investigation back in 2023 there was a plea deal that was reached and then it fell apart spectacularly inside this very courthouse. They judge asked some questions about some of the terms of that plea deal and it fell apart. Of course, that's why Hunter Biden now - is now facing these gun charges here in Delaware. And he's also facing additional tax charges in California.

So, it is possible that there could be some kind of deal worked out, but it does not look likely. And again, you know, we - we - based on everything we know from this case, that the odds are very much against Hunter Biden. Of course, we'll see what a jury ends up deciding, John.

BERMAN: It could be a very emotional and painful week for Hunter Biden and the Biden family.

Evan Perez, thanks so much for being with us this morning.

Kate.

BOLDUAN: Joining us now is CNN legal analyst and criminal defense attorney Joey Jackson, and Bernarda Villalona, a criminal defense attorney and former New York prosecutor.

The number of times I still find a way to screw something up -

JOEY JACKSON, CNN LEGAL ANALYST: It is all good.

BOLDUAN: Even though you're basically like my work husband at this point.

Bernarda, let's start where - where John was leaving off with the idea of a plea deal still. Do you think it could happen still? Who - who would want it? Who wouldn't?

BERNARDA VILLALONA, CRIMINAL DEFENSE ATTORNEY: It's still possible that Hunter Biden can plead guilty. You've got to think, you can plead guilty up until the time there's a verdict. You have to think, with Hunter Biden, unfortunately, the government's evidence is very strong. With the government evidence, number one, being strong, also contemplating the witnesses that are going to testify against you. Do you want to put your ex-wife through this? Do you want to put - put in this your ex - you're brother's widow?

BOLDUAN: Your brother's - yes, your brother's wife. Yes.

VILLALONA: Do you want to put her through this? Do you want to put - and get your laundry, your dirty laundry aired out. So, these are things to consider. And also, because you're facing jail, it's not positive that you will get a jail sentence, but because there's a possibility of a jail sentence, it's likely if you plead guilty you can try to avoid that because there'll be mitigation that a judge would take into account.

So, in a case like this, you know, as defense attorneys, it's all about mitigating exposure. And in a case like this, it would be in his best interest, because of the strength of the case, for him to plead guilty.

BOLDUAN: What do you think of the case against Hunter Biden here, Joey?

JACKSON: I don't think much of it. And here's what I mean by that. I think that, listen, what courts have to be about our equity. You seek equitable results in court. And prosecutors have a great deal of discretion. We're in different times, Kate. We're in bizarro times. Political retribution times. We're in - talking about a case with someone who was addicted. There are many people in this world who are addicted. That's a problem. And it's a real problem people can relate to.

A person who had a gun for a period of 11 days. A person who had a lot going on in his life, losing his brother, Beau, in 2015, right, leading to this addiction problem and the things that stem from it. Losing his mom as a child. Losing his sister as a child. Why am I saying all this? Bernarda spoke to a very critical issue of mitigation. That's what us defense attorneys all about. It's about giving information that lessens the case.

And when you have a plea deal last year where there was a diversion program, stay out of trouble for two years. Once you stay out of trouble, you're all going to be good. That's what this is about.

And I think if we bring some common sense and good judgment, prosecutors would use that discretion to do that, but they won't because we're in such difficult times. But it's a pretty straightforward case for sure.

BOLDUAN: This whole issue of the question on the federal form that they fill out, I think, is fascinating because this gets to - because Biden's defense team, we - it's been said is going to try to lean into that he did not believe, or he did not think that he was addicted or an addict at the time of filling out the form because one of the questions on the form is, are you an unlawful user of or addicted to illegal drugs?

BOLDUAN: Bernarda, do you think - do you see that as gray area? I mean who determines who is an addict?

VILLALONA: Exactly. And that's the issue that the defense is going to hone in on to the point that they wanted to call an expert to testify about addiction, to testify -

BOLDUAN: But now - but now can't, right?

VILLALONA: Yes, exactly.

So, then the question would be, who would you call, ask questions of? Unfortunately, it seems that Hunter Biden will probably be the only person, the only witness that will be able to give information that on that date, at that time, I didn't believe that I was an addict. I had just left rehab 11 days prior. Like, I did not believe I was an addict, so therefore I did not believe that I was lying on this form.

Same thing with the possession of the firearm. However, there's going to be conflicting testimony from other witnesses. So, it's all going to boil down, I guess, on Hunter Biden testifying, even though I don't recommend for him to testify because he's opened up to so much having his laptop, having his book, having statements that he's made, text messages, conversations with his ex-wife and with his brother's widow. So, dealing with all of that, I wouldn't want to expose him to testifying.

[09:10:00]

But unfortunately, in a case like this, there may be no other resort.

BOLDUAN: She's laying out kind of an interesting - I don't know, I'll call it a conundrum of -

JACKSON: Yes.

BOLDUAN: You - I don't know if I've ever heard you recommend that someone - that someone - a defendant take the stand. But it does - this kind of presents an interesting situation.

JACKSON: Yes, Katie, it always depends. And I think a case like this, you have a serious jury nullification issue. And what do I mean in English? Jurors look at things, and things have to make sense to them. And sometimes people are sympathetic. Now, to be clear, you can get a lot of information out as it relates to Mr. Hunter Biden through family members. And those people, you know, the witness list, ex- wives, et cetera, will tell you what he's gone through, the dark moments he had, the experiences he was enduring at that particular time. I think that will be mitigation.

But in an instance like this, yes, the problem is he'd be salvaged. He has a book out there speaking about addiction, right? There are certain things in text messages he'll be questioned on saying to Hallie, who he was with, his brother's ex-wife, are you kidding? Are you crazy? Get it right now. Why did you put it in a dumpster? So, there's a lot to overcome.

But I just think that this is a very sympathetic case. And at the end of the day, the jury, notwithstanding the defense or lack thereof, could say, you know what, we're throwing this out of here. Risky, right. Jury nullification. But I think if there's going to be an out for him, that maybe it.

BOLDUAN: Interesting. And jury selection underway as we speak.

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

So, President, Biden set to announce big moves on the border very soon, likely this week. What actions he's trying to take and why Republicans are not happy about it despite their continued calls to secure the southern border.

Plus, a state of emergency is in place in Atlanta after multiple water main breaks. Summer school canceled today over it. The mayor was just on with us, and he is now apologizing.

And some beaches in California are closed this morning after a man sustained multiple shark bites over the weekend.

(COMMERCIAL BREAK)

[09:16:28]

BERMAN: All right, happening now, the jury selection is underway in the federal gun trial of President Biden's son Hunter Biden. Hunter Biden did arrive at court very shortly ago. Also in the courtroom, First Lady Jill Biden.

Now, Hunter Biden is charged with illegally buying a revolver and possessing it while abusing or being addicted to drugs.

With us now, CNN political commentator, former White House communications director, Kate Bedingfield, former Trump 2020 director of strategic communications, Marc Lotter.

We're going to do a lot of communicating right here. Thank you both for being with us.

Kate, I just want to ask you, because you have worked for President Biden for quite a long time, from the campaign all the way through the first years in the White House, what was it like for him when issues surrounding Hunter Biden came up? We know he spent the night in Wilmington, Delaware. He's there in Wilmington, Delaware, right now. Jill Biden's at the courthouse right now. So, what was it like for him?

KATE BEDINGFIELD, CNN POLITICAL COMMENTATOR: It's hard for him. He's a father first. He is somebody who truly puts family first, even amidst everything he has going on in his life. And so like any father, it is hard for him when his son is dealing with difficult issues. And don't forget, you know, their family has been through the struggle of addiction alongside Hunter, which Hunter has spoken quite movingly and eloquently about. So, of course, it is challenging for him as a father.

Now, obviously, it does not prevent him from focusing on the work of the country. But like any family man, it's hard for him when his son is going through something difficult.

BERMAN: Marc, this is the first time the child of a sitting president has ever gone on trial. And this is happening in a legal system that many Republicans, including Donald Trump, claim is rigged against them. It's a pretty bad job rigging the justice system if the president's son is on trial, yes?

MARC LOTTER, FORMER DIRECTOR OF STRATEGIC COMMUNICATIONS FOR TRUMP 2020: Well, this one is pretty hard to ignore. Obviously, the facts are pretty clear on this one. But really, this is not the trial that I'm mostly concerned about. Obviously, this current trial is the one that deals with Hunter's well-documented addictions and some of his inner demons and - and he'll answer to the justices some.

It's the one in September that I'm more concerned about. That's the one that obviously involves tax evasion, foreign influence peddling, the millions of dollars that were coming into the Biden family from foreign entities. And so this one, very personal for the Bidens and I feel for them. I hope Hunter gets the help he needs. It's the next one that I'm more focused on.

BERMAN: In neither case is there any connection at all, we should note, to President Biden himself. These are both issues that deal with Hunter.

Marc, I want to ask you now about the case involving Donald Trump, now convicted of a felony, 34 counts here in Manhattan. Lara Trump, who is now helping run the Republican Party, went on TV this weekend and spoke out against Republican Senate candidate Larry Hogan in Maryland for the fact that Larry Hogan said really, I think, nothing more than, we have to respect the justice system and watch this play out.

Listen to what Lara Trump said.

(BEGIN VIDEO CLIP)

LARA TRUMP, REPUBLICAN NATIONAL COMMITTEE CO-CHAIR: I think anybody who's not speaking up in the face of really something that should never again have seen the light of day at trial, that would never have been brought against any other person aside from Donald Trump -

KASIE HUNT, CNN ANCHOR: But does the RNC support his bid?

TRUMP: Doesn't deserve the - the respect of anyone.

We'll I'll have to get back to you -

HUNT: He doesn't deserve the respect of anyone?

TRUMP: He doesn't deserve the respect of anyone in the Republican Party at this point. And, quite frankly, anybody in America, if that's the way you feel. That's very upsetting to hear that.

(END VIDEO CLIP)

BERMAN: She's with the RNC, saying that about the Republican candidate, Marc. Is that the way you want to take back the Senate?

[09:20:05]

LOTTER: Well, I think it was a political mistake the way Larry Hogan handled this. Look, Maryland's a deep blue state, but still 33 percent, about a third of the voters, voted for Donald Trump in 2020. He needs all of those voters and 17 percent more to claim a Senate seat. So, if you alienate that 33 percent, you've got a much bigger - a much bigger mountain to climb. So, politically, I think he handled this badly. And it's going to be a tough race for him if he's got to try to win back the supporters of Donald Trump and then add the moderates, the independence, the people who don't like inflation and the - and the open borders on top of that.

BERMAN: Kate, I do wonder if in a blue state, I mean Maryland is really blue, it actually helps Larry Hogan to be getting attacked by the Trumps?

BEDINGFIELD: It probably does. But I will say, broadly speaking, for the RNC and for the Trump campaign, for the Trump operation, this is a completely bananas political strategy. I think that's actually the term of art. It is insane, OK.

If you look at the data, look at the polling that has come out post- verdict, you see that norm - more than half of independents say they believe that Trump should end his campaign as a result of this verdict and a not insignificant number of Republicans. I think 16 percent in the IPSOS poll say that he should end his campaign because of this verdict.

So - and we also saw this play out, I would argue, throughout the Republican primary, where a significant number of Republicans voted for Nikki Haley long after she had dropped out because they were expressing their never Trump frustration.

So, the idea that their strategy is to double down, triple down, quadruple down on firing up only their base and essentially completely ignore the moderates, the swing voters, who are ultimately going to decide this election, which is going to be decided on the margins, is crazy.

Now, at the end of the day, maybe - it may help Larry Hogan in very blue Maryland to have Trump taking a swing at him, But we're seeing across the board, this is the way that they're - the strategy that they're employing to handle this verdict. And I think ultimately this is not going to resonate with the voters that they need to win over in order to win this election.

BERMAN: Marc, bananas, is that a term of art that you understand in the communications business that you're both in?

LOTTER: Well, obviously, I understand Kate's point of view on this. But look, this verdict is not going to change anything in this election. People don't like the high gas prices, the grocery prices, the wide-open southern border, the wars that are raging. And all of those things fall at the feet of Joe Biden. And so that's what's going to decide this election. And folks in the middle who are struggling to pay for gas and groceries, they're the ones that are going to go to the polls. It's not going to have anything to do with the verdict in New York.

BERMAN: How much will a verdict play, Kate?

BEDINGFIELD: I think it will be one factor. I agree that it's not going to be determinative. But again, remember, this is an election that is probably going to be won or lost by thousands of votes in a handful of swing states. And so, you know, putting forward a strategy that alienates a lot of those voters isn't smart.

That being said, I agree that ultimately this issue - this election is going to be driven by the issues that matter to people at their kitchen table. And I think you see the Biden campaign, in the way they've been responding to the verdict, acknowledging that. I mean they have gone out of their way to not overtly politicize it. They're not, you know, as much as the Trump campaign wishes they might, they're not taking a victory lap. I mean they know that this is one piece of the argument, the political argument, against Donald Trump. It's not the whole ballgame by any stretch. And so it's one part of arguing that he is not fit to be president of the United States again. But, ultimately, I think this campaign is going to be driven by the issues that matter to people at their kitchen tables.

BERMAN: Marc Lotter, Kate Bedingfield, I'm glad we could end on an area of agreement. Thank you both for being here this morning with me. I appreciate it.

LOTTER: Thank you.

BEDINGFIELD: Thank you.

BERMAN: Moments from now, Dr. Anthony Fauci set to face a grilling on Capitol Hill. Fireworks are expected as Republicans press him on the pandemic response.

A history-making presidential election in Mexico. Meet the woman, the Jewish woman, who will soon lead that nation.

(COMMERCIAL BREAK)

[09:28:43]

BERMAN: This morning, summer school programs in Atlanta are canceled because of huge complications over water main breaks. We are told progress is being made. One of two major breaks have now been repaired.

Just a few moments ago, Kate spoke with the city's mayor.

(BEGIN VIDEO CLIP)

MAYOR ANDRE DICKENS (D), ATLANTA: To the people of Atlanta, I do want to apologize that this has frustrated you and it frustrated me over this weekend. This is not the way, you know, the city, nor the visitors, nor the residents intended to spend our weekend, having to boil water and having to deal with low pressure or water outages in certain areas.

(END VIDEO CLIP)

BERMAN: CNN's Ryan Young on the streets in Atlanta where, Ryan, it looks, I think probably thankfully, dry for the people of Atlanta behind you.

RYAN YOUNG, CNN SENIOR NATIONAL CORRESPONDENT: Yes, for right now. But this is having a major impact with everyone trying to get to work. I mean you're talking about the major middle of the city here. This is midtown. And the roads are blocked. So it makes it hard to get around town, especially on a Monday morning.

But if you look down that direction, the good news so far is the water is not bubbling up. At one point the water here, according to the folks, was four stories high on the side of that building and the rocks, the sediment from the inside, were being pushed at such force it actually shattered the windows of the business that's right next door to where that water main break was.

[09:30:00]

Now, you talked to the mayor and he was telling you that both of these water mains were quite old, before the 1940s. And anyone who lives in the city understand the fact that there's been major work done over the years