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Opening Statements to Begin in Hunter Biden Federal Gun Trial; Prosecution Plans to Call Former Romantic Partners of Hunter Biden in Federal Gun Trial; Merrick Garland to Criticize House Republicans in Congressional Testimony Regarding Release of Audiotape of President Biden's Interview with Special Counsel; President Biden States in Recent Interview It's Uncertain If Israel has Committed War Crimes in Gaza; Today: Biden Expected to Sign Executive Order Curbing Immigration; Immigration Among the Top Issue for Voters in 2024. Aired 8-8:30a ET

Aired June 04, 2024 - 08:00   ET

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

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CLARE DUFFY, CNN BUSINESS WRITER: Use this livestream feature, and that the company immediately revokes access to features if we find accounts that do not meet our ages requirements." But look, this lawsuit claims that TikTok doesn't have sufficient age verification and enforcement measures to ensure it really is only adults using this livestream feature, John.

JOHN BERMAN, CNN ANCHOR: Clare Duffy, thank you so much for reporting on this. It's something I know will concern a lot of parents. Appreciate it.

We have much more news. A new hour of NEWS CENTRAL starts right now.

KATE BOLDUAN, CNN ANCHOR: Special Counsel about to start laying out its case against Hunter Biden in federal court this morning. Opening statements are about to start, and prosecutors are already laying out who they expect to call to the stand, including three romantic partners of the president's son.

And I will not be intimidated, that's part of the message that Attorney General Merrick Garland is about to send to Republican lawmakers. The A.G. fighting back in a new way today against the continued attacks against him and attacks his department is out to get Donald Trump.

And the perfect example of why bring your kid to work day is a risky endeavor. Dad said smile for the cameras, and the child hits it out of the park.

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

BERMAN: Very shortly Hunter Biden will arrive at a Delaware courthouse for opening statements in his federal gun trial. There are new details this morning about how prosecutors plan to use very personal testimony to make their case. In a new court filings, the special counsel reveals that three of Hunter Biden's former romantic partners are expected to be called to the stand.

CNN's Marshall Cohen is outside the court with the very latest. Marshall, what are we expecting?

MARSHALL COHEN, CNN REPORTER: John, good morning. The prosecutors in this case, from special counsel David Weiss's team have said that the evidence is overwhelming, and now it's time for them to prove it. Opening statements begin in one hour. The doors of the courthouse should be opening any moments, and once the proceedings get underway at 9:00 a.m. the prosecutors will get their first crack at the jury.

They have photos, they have videos of what they say shows Hunter Biden using drugs and around drugs at roughly the same time that he bought that gun in October 2018. That's, of course, the heart of this case. It's against federal law for a drug user or a drug addict to buy or possess a firearm.

But of course, John, as is this true in any trial, there are two sides to this story, and the defense will also get a bite at the apple. They'll get their opportunity to make opening arguments to the jury. The judge, I will be honest, in the last few weeks in the run-up to the trial, she has made their job a little bit tougher, taking away some key arguments that they wanted to make, taking away some key evidence that they wanted to introduce.

But they have focused in some ways on the text of the statute. Their definition of "addict" in their view is not so clear, and they think they may have one or two pathways to an acquittal.

John, it all kicks off 9:00 a.m. here at the federal courthouse in Wilmington, Delaware. Of course, it's Joe Biden's home state, and it's his son who is on trial.

BERMAN: Marshall, we mentioned very personal testimony here. Who are some of the witnesses who will be called?

COHEN: It is going to be intense. This case in many ways, it's about addiction. Hunter Biden has been public and open and honest about his lifelong struggle with alcoholism his recent struggles with crack cocaine addiction. There will be, according to the prosecutors, testimony from three of his ex-romantic partners, including his ex- wife, people that, frankly, were incredibly worried about his well- being. There are texts that show that they were terrified that something horrific might happen him.

And that's one of the reasons why his ex-girlfriend, Hallie Biden, who is the widow of his brother, Beau Biden, took that gun away and threw it into a dumpster 10 days after he bought it. But before we get to that part of this case, there are a bunch of federal agents who are expected to testify, someone from the DEA, and also today we are expecting an FBI agent who will probably be the vehicle that prosecutors used to introduce texts and other messages from the infamous Hunter Biden laptop. John?

BERMAN: Marshall Cohen at the court. Thanks so much, Marshall. Kate?

BOLDUAN: Also this morning, Attorney General Merrick Garland is not holding back. Garland is headed to Congress and about to sit before some of his biggest detractors in the House Judiciary Committee. And he's expected to send a message starting with I will not be intimidated, and also calling out what he calls Republican conspiracy theories of the Department of Justice being out to get Donald Trump.

[08:05:00]

In opening remarks shared with CNN, Garland will say this, quote, "I will not be intimidated, and the Justice Department will not be intimidated. We will continue to do our jobs free from political influence, and we will not back down from defending our democracy."

CNN's Katelyn Polantz picks it up from here. This is about to get underway in just a couple hours. What's going to happen?

KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE REPORTER: Yes, at 10:00 a.m. Merrick Garland is expected to give some very forceful defense of the Justice Department in the face of House Republicans who want to hold him in contempt. That contempt proceeding, the Republicans on the House Judiciary, say is over an audio tape that they want to obtain of Joe Biden being interviewed by special counsel in a classified documents probe around Biden that ended up not resulting in any charges. That investigation was closed. The Republicans want the audio tape, they want on a whole Garland in contempt for not turning it over. CNN is also suing for access to that audio tape.

But Merrick Garland is reframing this, and saying this is about more than just the audio tape that he feels that the Justice Department is being intimidated or that the Republicans want to intimidate Garland with this contempt threat. And he is stringing together all of the things that he thinks House Republicans are doing unfairly, that he believes that they are trying to defend particular department investigations, such as special counsels offices, that they are spreading conspiracy theories about the department's work, trying to tie the Justice Department to the state prosecution of Donald Trump in New York that resulted in a conviction of the former president just a couple days ago, and that they are also trying to intimidate the work of agents and people within the Justice Department by spreading additional misleading and false information about them.

So Merrick Garland is saying now certain members of this committee, the House Judiciary and the Oversight Committee, are seeking contempt as a means of obtaining for no legitimate purpose sensitive law enforcement information that could harm the integrity of future investigations. So he's saying I'm not backing down. I'm not giving you that audio tape at this time. And I am having an issue with what you guys are doing in the bigger picture of things right now politically. Kate?

BOLDUAN: He's definitely having an issue, that is for sure. It's great to see you, Katelyn. I'm looking forward to hearing how this goes this morning. John?

BERMAN: All right, we are standing by as President Biden is expected to rollout his most aggressive action on border security to date.

New reporting out of a wrench plot by House Republicans, the House speaker says they will use the tools they have in Congress to avenge the conviction of Donald Trump.

And for the first time in history, rock and soil samples from the far side of the moon are making their way back to earth. What new answers they could give us about our solar system. The truth is out there.

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BOLDUAN: We do have more breaking news just in. President Biden is speaking out in a new interview, telling "Time" magazine he is now, quote, uncertain whether Israel has committed war crimes in Gaza. Yet he is still in this interview pushing back against the International Criminal Court that's now seeking arrest warrants for top Israeli officials. CNN's Arlette Saenz has more from the White House. The details are coming in about this new interview. What else is the president saying?

ARLETTE SAENZ, CNN WHITE HOUSE CORRESPONDENT: Well, Kate, President Biden did not rule out the possibility that Israel has committed war crimes as it has conducted its campaign against Hamas in Gaza. Significant comments as the White House and the administration have really in recent months increasingly expressed their concerns about the way that Israel has conducted its war.

Now at the same time, the president pushed back on the International Criminal Court, which could seek arrest warrants of top Israeli officials on charges of war crimes or crimes against humanity. But in this interview with "Time" magazine, the president was asked point- blank whether he believes Israel has committed war crimes, and he said, quote, "The answer is, it's uncertain and has been investigated by the Israelis themselves. The ICC is something that we don't, we don't recognize."

He went on to add, "But one thing is certain. The people in Gaza, the Palestinians have suffered greatly for lack of food, water, medicine, et cetera. And a lot of innocent people have been killed. But it is -- and a lot of it has to do not just with the Israelis, but what Hamas is doing in Israel as we speak. Hamas is intimidating that population."

Now, also in this interview, the president acknowledged some of the criticisms of Israeli Prime Minister Benjamin Netanyahu who some have said is simply a prolonging this war for his own political survival. In this interview, the president said he wasn't going to comment on that, but added there is every reason for people to draw that conclusion.

Now, this interview was conducted last Thursday, just one day before President Biden laid out that Israeli proposal that includes three phases to try to secure the release of hostages and also a put an end to the fighting in this war. The president in his remarks last Friday said that it is time for this war to end, that Israel has degraded Hamas's ability to conduct another October 7th attack.

But these comments today in this "Time" interview for President Biden are significant at a time when they administration has expressed concern about the way Israel's conducted this war.

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BOLDUAN: I mean, he is drawing some real lines and he is saying quite a bit in this new interview that's going to have a lot of reaction from here and definitely from the Middle East.

Thank you so much, Arlette for bringing it to us -- John.

BERMAN: All right, happening today, President Biden is expected to roll out sweeping executive action on border security. The new order well significantly limit migrants' ability to seek asylum under current circumstances.

CNN's Rosa Flores is in McAllen, Texas.

Rosa, what are you hearing down there?

ROSA FLORES, CNN CORRESPONDENT: Well, the reaction is mixed, John.

It is like most announcements involving the border. There are some individuals who support what the president is about to do, and others who don't. Now, there is a group of mayors that have confirmed that they will be at the White House for this event. They are very supportive of the president and that includes the Brownsville mayor.

Brownsville is in South Texas. Now, that mayor issued a statement saying in part: "President Joe Biden is expected to unveil an executive order that may notably impact migrants' ability to seek asylum along the US southern border."

Now this may or like many other officials are not commenting on camera yet. They are waiting for the president to make this announcement. They want to make sure that they know the details of this executive order.

And then, there is another group of officials, like some mayors who are upset about what is happening at the White House today, what is expected to happen. They believed that it is a little too little too late. They don't think that this is going to have the impact that it should have. And some of them are upset because they weren't invited to the White House.

That's the case of the El Cajon mayor. That is in Southern California. That mayor issuing a statement saying, in part: "This is nothing but a sham in an insult to those of us dealing with the real consequences of his failed border policies."

Now the White House would argue that no executive action will fix all the ills on the US southern border. That what is required is Congress to act, that only Congress can achieve comprehensive immigration reform. Now the other thing that is very curious about the timing of this

announcement is the number of migrant apprehensions at the US southern border. We are not in December when there was a migrant surge at a time when Customs and Border Protection announced that migrant apprehensions were about 250,000 just in that month alone.

The latest numbers according to US Customs and Border Protection in April, that number was about 128,000. I talked to a source yesterday who says that the number has dropped even more last month, and so it is curious and some of the people that I've talked to here in the Rio Grande Valley point to just that to say that this move is political by the Biden administration.

Now, we know very little about this executive order, but what we do know is that it is expected do we reminiscent of a Trump era rule that using an authority known as 212-F, that clamped on illegal immigration.

Now, that particular measure from back in 2018 was shut down in the courts. The challenge was led by the ACLU. I talked to the lead attorney who led that challenge, and here is what he said about the Biden administration now, trying to do something similar. Take a listen.

(BEGIN VIDEO CLIP)

LEE GELERNT, DEPUTY DIRECTOR, ACLU NATIONAL IMMIGRANTS RIGHTS PROJECT: We do think that a policy that shuts down asylum would be an extreme overreach.

We understand that people want the border process to be streamlined and we are in favor of that as well. But to say no asylum for anybody at a certain point, that is really extreme.

And if that is what ultimately happens, we will have to review all our options, including obviously litigation.

(END VIDEO CLIP)

FLORES: And john, that is the big question. And of course, the ACLU said that they are going to look and analyze that order once it is announced by President Joe Biden, but the question is, if this announcement includes some of those same measures that the Trump administration tried back in 2018, that were struck down by the courts, will this new executive order hold a challenge, stand a challenge in court. We don't know.

We are going to have to wait for those details and then figure it out. I know that the ACLU is going to be looking at it very closely to determine if they will sue immediately -- John.

BERMAN: Why would the courts react differently now than they did a few years ago? That's the question.

Rosa Flores, great to have you there. Thanks so much for your reporting -- Kate. BOLDUAN: And we do know in part, at least, some of the motivation is

that President Biden is clearly hoping that this executive order with regard to border security will help him with his re-election chances. And how does that play?

CNN's Harry Enten has been looking in the numbers.

How important, remind folks how important this issue is for voters.

HARRY ENTEN, CNN SENIOR DATA REPORTER: It is tremendously important. What a difference from where we were four years ago at this point.

So immigration is the nation's top problem. Back in May of 2020, it was just one percent of voters who said that it ranked 15th on list of most important problems in the United States.

Look at where we are today, May of 2024, the last poll conducted by Gallup. It is up to 18 percent, so that's 18 times as high and more than that, it ranks as the second most important problems.

So we've gone from 15th to second.

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So to me, it is not a huge surprise that President Biden is doing what he is doing because the fact is immigration, is at the top of the mind for the American voter.

BOLDUAN: Sometimes my next question depends on how the question is asked, but who do people trust? Who do voters trust more on this issue.

ENTEN: Yes, no matter how you phrase it, you will see that more voters today trust former President Trump over President Biden, but the margins can change depending on how it is.

So this is a better job on border security and immigration, which tends to be one of former President Trump's best questions. But I think the key thing here, Kate, to look at is the timeline and look at the trend line here, because back in June of 2020, Biden was actually trusted more on the question of border security and immigration by a single point.

Look at where we are in May of 2024. My goodness gracious. Look at this huge jump that Donald Trump has gotten. He is now a head on this issue by 27 percentage points. So it is not just that immigration is more at the top of voters' minds than it was four years ago, it is that who they trust on the issue has changed tremendously.

I look at a lot of questions, I dig into the cross tabs a lot. The fact that you see a 30-point shift, I am used to seeing ten, fifteen, maybe 2-point shifts, but basically are 30-point shift, 28 points if you want to be exact, that is very, very different from a lot of other polling question.

BOLDUAN: And Harry Enten, this issue probably more than any other, you know, this is where Donald Trump's rhetoric is most extreme and most harsh. And that goes for many Republicans with regard to border security and immigration. How do immigrant communities react to this? Is there any sign that there is backlash to this?

ENTEN: Yes, it is very interesting to me because I think a lot of Democrats are saying, oh, look at Donald Trump, look at what we call anti-immigration rhetoric. There is going to be some backlash. I am not quite sure that is exactly right and I've been keeping a track on this, so this is who US voters born outside of the country, so you know, people who might be born in France, people who might be born in Mexico et cetera, et cetera, et cetera.

Who did they prefer for president? Well, this is quite something. I tis a number that always seems to surprise me no matter how often I look at it. In fact, they slightly -- more of them support Donald Trump at 47 percent than Joe Biden at 44 percent.

Again, this is a change from where we were in 2020 because those voters were born outside the United States preferred Joe Biden. But in this case, no sign of a backlash, Kate, at this point.

BOLDUAN: On this issue. Yes, it is good to see you too, Harry. Thanks for putting this together.

ETEN: Thank you.

BOLDUAN: John.

BERMAN: All right, a brazen new online stunt, how Russia is using artificial intelligence and Tom Cruise in a new effort to target the 2024 Olympic Games.

And this morning, a new risk of being a member of Congress. You might be mocked on national television by your six-year-old son.

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[08:27:10]

BOLDUAN: New reporting from CNN on how pro-Russian hackers are now using brazen online attacks to undermine the Summer Olympics in Paris.

According to sources, some of the stunts they are pulling even include a fake documentary. Youve see the "poster" for it there. It also sounds like it is narrated by Tom Cruise, but it is not real at all.

They actually utilized AI fake his voice. It is part of Russia's real disinformation campaign.

Microsoft also has a new report out on this, and it says the film is linked to two propaganda groups inside Russia called Storm 1679 and Storm 1099. It is an example of what intelligence experts see as an increasingly frantic effort by Russian operatives.

All of this, in an attempt to scare people away from the Olympics Games after the IOC banned Russia from competing, only allowing in Russian athletes to take part in the games as neutral athletes because of Russia's war in Ukraine.

Joining me right now is John Hultquist. He has achieved analyst at the Google owns cyber security for Mandiant with a deep expertise on global cyber threats.

John, thank you so much for coming in.

I was looking through the report from your company, as well as the CNN reporting on this and could you just describe from your perspective, how do you describe the threat coming from Russia against the games this time around?

JOHN HULTQUIST, CHIEF ANALYST OF MANDIANT INTELLIGENCE AT GOOGLE CLOUD: Well, you know what? The report you discuss is really the disinformation space of this activity, right? This is essentially them creating these using these -- you know, using the troll farms that we are all familiar with, but also leveraging AI to create videos and content that essentially is designed to undermine the legitimacy of the games and strike a blow at French prestige, right?

In this case, trying to make it look like there is a real terrorist threat to the Games.

BOLDUAN: Is the goal just to annoy and disrupt and undermine or is the goal to shut it down and do real damage to people involved?

HULTQUIST: Well, you know, there are different kinds of phases to this.

BOLDUAN: Yes.

HULTQUIST: I mean, first, it starts with disinformation, but unfortunately, one of the other things that we are worried about is, are there other tools in Russia's arsenal? They have Russian military intelligence, it has attacked France in the past. They've attacked the Olympics in the past. They tried to take down the opening ceremonies at the Pyeongchang Olympics. They took down a major TV station in France previously and actually blamed that on terrorist actors.

And that sort of disruptive attack is something that we are going to be worrying about all the way to the very end of the Games.

BOLDUAN: The impersonated Tom Cruise kind of fake documentary thing. This is it -- I mentioned AI. It is an example of the new use of AI in these efforts. How are you seeing AI change the threat landscape as it relates to it? This obviously has to do with mostly -- maybe mostly disinformation, but as it relates to Olympics, but far beyond when you're looking at cyberthreats.

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