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Senior Biden Administration Officials Head to Israel; Biden Executive Order on Immigration Takes Effect; Republicans Target Biden Over Age Questions; Hunter Biden Trial Resumes. Aired 1-1:30p ET

Aired June 05, 2024 - 13:00   ET

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

[13:01:00]

BORIS SANCHEZ, CNN HOST: Hunter Biden is back in court today hearing his ex-romantic partners testify about alleged drug use they witnessed. We're going to take you to the federal courthouse next.

BRIANNA KEILAR, CNN HOST: And after 12 months of unprecedented heat, the U.N. chief says the world is on -- quote -- "the highway to climate hell." But will world leaders create the exit ramp that he says we need?

Bill Nye, The Science Guy, will join us ahead on what should happen next.

And Amanda Knox is back in Italy more than a decade after having her murder conviction overturned, this time for a slander trial.

We're following these major developing stories and many more all coming in right here to CNN NEWS CENTRAL.

SANCHEZ: Right now, Hunter Biden's federal gun trial is on a break for lunch, but shortly before court adjourned, one of Hunter Biden's former girlfriends took the stand as the prosecution's third witness.

She's been testifying about how she met Hunter at a gentleman's club where she worked in 2017 and how he would smoke crack almost constantly in private later in their relationship when they were together, she says.

KEILAR: Before her testimony, Hunter Biden's ex-wife, Kathleen Buhle, took the stand, prosecutors using Buhle's testimony to try to help prove that Hunter Biden was using illegal drugs when he purchased a gun in 2018.

She described how she found drugs and drug paraphernalia in Hunter Biden's car on multiple occasions, including the year that he bought the gun. She also talked about how she would check his car for drugs before their daughters used the car.

CNN senior justice correspondent Evan Perez is outside a court in Delaware.

Evan, what's the latest? EVAN PEREZ, CNN SENIOR JUSTICE CORRESPONDENT: Well, we're on a break

right now, Brianna, but the two witnesses certainly have the jurors' attention.

Our team in there tells us that the jurors are paying very, very close attention as they heard the testimony from Kathleen Buhle first, his ex-wife. She really didn't spend that much time on the stand, as her relationship with Hunter Biden ended before this episode, before he bought this gun in October of 2018.

And then, after she took the stand, we have been hearing from Zoe Kestan, who is going to continue her testimony after the lunch break. Now, the point the prosecution is using, these two women's testimony, is to drive home the point that Hunter Biden was a regular user of drugs, that he was struggling with addiction during the period that he bought this firearm, that he should have known that he did not qualify to buy this firearm, which is against obviously for him to -- to buy this gun was against the law.

For -- on the part of the defense, they're trying to sow some doubt about some of the dates and some of the transactions. In the case of Zoe Kestan, she is someone who saw him using drugs, saw the -- the jury saw pictures of him in a bathtub with what appeared to be a crack pipe.

That's what she said it was. And what -- the job of Abbe Lowell, to -- for him to do here is to have jurors have at least a little bit of doubt that, during that day, that day when he bought the gun, that he was not using drugs or that the prosecution doesn't have any proof that he was using drugs that particular day -- Boris, Brianna.

SANCHEZ: Evan Perez live from outside the courthouse in Wilmington, Delaware, thank you so much.

Let's dig deeper now with CNN legal analyst and former federal prosecutor Elliot Williams.

Elliot, thanks so much for being with us.

How do you see this case shaping out so far, as prosecutors are using portions of Hunter's memoir, just these giant chunks that the jury is listening to, to outline their case?

ELLIOT WILLIAMS, CNN LEGAL ANALYST: Right.

Look, it's the defendant's own words. And this particular statute, among criminal statutes broadly is not that complicated. Prosecutors simply have to prove, number one, that the individual, the defendant, possessed a firearm and that he was addicted to or using drugs, right? Two things.

[13:05:08]

It's not like Donald Trump's trial that was far more complex. Now, here's the thing. This whole -- and the language is who is an unlawful user of or addicted to. Now, that's kind of vague. It doesn't say you got to be using on the day you bought it or possessed it. It doesn't say when, how long.

And I think the defense is poking holes in that a little bit, saying, well, certainly he's struggled with addiction and nobody disputes that. But the prosecution can't establish clearly that at the time he procured this weapon, which he only had for about 10 days or 11 days, that he was addicted.

KEILAR: So how -- and that's really what it comes down to. And I'm not sure the law is clear on this. How close in time to the actual date of the gun purchase do prosecutors need to convince the jury that Hunter Biden was actually using drugs?

WILLIAMS: They have to convince the jury until the jury is convinced. I mean, that's it, Brianna. It's so open-ended.

And this is...

KEILAR: Two weeks, one week?

WILLIAMS: It could be, could be, could be, but the law...

KEILAR: Do they just use their good sense? I mean, what's the measure?

WILLIAMS: They do.

I mean, I think prosecutors will seek to say that both before and after the possession of this firearm, he acknowledged to addiction. But even that's kind of vague. And for the reasonable doubt standard, which we know is very, very high, getting over that could be tough.

SANCHEZ: As part of his defense, the other thing that Abbe Lowell is trying to do is argue that he knowingly had to be deceptive on that form, that keyword knowingly doing a lot of work for the defense, right?

WILLIAMS: It is.

So when we talk about knowingly, willfully, these are things called mental intent. If you want to be fancy at cocktail parties, say mens rea is the Latin term. And prosecutors always have to establish what the mental state of the defendant was.

Now, here, the law says knowingly possess. And so the question is, well, he thought -- this is the argument for the defense. He thought he was no longer addicted or he thought he wasn't using anymore. Therefore, he was not knowingly possessing a firearm unlawfully.

Now, that sort of strains logic a little bit. But this isn't about proving whether something did or didn't happen. It's about poking holes in the government's case. And it could be a successful way to do that. That's what defense attorneys and good defense attorneys do. And Abbe Lowell has been doing this a very long time.

KEILAR: There's a lot of talk about the use of cash to pay for things. And prosecutors are trying to establish that cash withdrawals are

tantamount to purchasing drugs. The defense is making the case that Hunter Biden didn't have a credit card, he was using cash for other things, including to pay for rehab. What does that do to the prosecution's argument?

WILLIAMS: I think both -- cash helps and hurts both sides.

Now, certainly -- and this is across different forms of prosecution -- you make an argument that you use cash when you're trying to hide your tracks. It's also tougher for prosecutors because you can't track cash in the same way. If somebody is writing checks or having bank statements or wires or Venmo even, there's a record of it. Cash is just harder to track.

But, certainly, there's -- it's well established in the law that prosecutors often point to the use of cash as a means of concealing misconduct.

SANCHEZ: Part of this is a bit heavy and emotional and personal. You're having people that you were close to in your life testify about things that I'm sure Hunter Biden regrets and certainly doesn't want out publicly.

But I'm curious about how you think the jury absorbs what's being said in court. We know that one juror was actually crying during opening statements. And there are several jurors that have acknowledged that through family they have had experience with folks that have struggled through substance abuse.

WILLIAMS: Yes.

SANCHEZ: How does that play with the jury?

WILLIAMS: Let's go back to the very first thing I said, which is that these cases are very straightforward to prove. It's -- you got to prove few things.

The prosecution's job is very easy, with one caveat. They have to not go too far. And if the prosecutors are seen as having vilified or targeted or abused or pushed on people who are addicted or seem to be callous or not caring about people who struggle with addiction, as millions of Americans do and probably people on the jury and their families, that's the kind of thing that can turn off a jury when a case is so sensitive like this.

And so it's really on the prosecution to sort of step up to the line, put all -- prove their case, but without going too far.

KEILAR: So interesting. And people who have this experience, maybe with family members, they may also think accountability is a very important part of the process.

It's really interesting to know where this is going to fall.

Elliot, thank you so much for that. WILLIAMS: Thanks.

KEILAR: We appreciate it.

President Biden is in France. He is preparing for tomorrow's commemoration of D-Day, Thursday marking 80 years since Allied forces descended on Normandy, which was, of course, a major turning point during World War II.

And, as Biden remembers the past, there's a new report out.

SANCHEZ: Yes, a "Wall Street Journal' article is raising questions about how Biden will handle his potential second term. It calls into question the mental acuity of the 81-year-old president behind closed doors.

And, today, the White House is firing back.

CNN senior White House correspondent M.J. Lee joins us now.

[13:10:00]

M.J., what is the White House saying in response to this piece?

M.J. LEE, CNN SENIOR WHITE HOUSE CORRESPONDENT: Well, Boris and Brianna, first of all, "The Wall Street Journal" does say that it spoke with some 45 people over the course of several months, including Republicans, Democrats, administration officials who met with Biden or were briefed on some of the meetings that he participated in, and that some of those people said that the president did seem slower, less sharp, and that he was essentially starting to show his age.

He is, of course, 81 years old. He is the oldest person to serve as president. And, importantly, the story did say that most of the people who were critical of the president's age and acuity did happen to be Republicans.

Now, as you said, the White House and allies of the president in the story and since the publication of the story have been really forcefully pushing back on the story. One person that was quoted in this story that clearly annoyed the White House is Kevin McCarthy, the former House speaker, who, of course, spent a ton of time behind closed doors with the president negotiating on a number of different things.

He said in the story that the president rambled, always had to use cards. He's not the same person as when he used to be vice president. And the White House's response to this has basically been, that is B.S., because this is the same person, Kevin McCarthy, who at the time publicly praised the president for being mentally sharp.

Now, I think the bigger picture pushback for the White House on this story has basically been that this represents Republicans really trying to use the age issue to politically criticize the president as not being all there. They also pushed back on the reporters for downplaying some of the more positive stories that were shared by Democrats in the course of the reporting.

But, look, there's no question that the issue of age and mental acuity all really sensitive issues for the Biden White House and the campaign. And I thought there was a really telling moment from this story where it said that several Democrats shared with the White House either a recording of an interview or details about what was asked by the reporters.

And some of those lawmakers spoke to "The Journal" a second time and once again emphasized Biden's strengths. And we have Congressman Gregory Meeks, a New York Democrat, telling "The Journal": "They said that I should give you a call back," they being the White House.

Now, the White House knows that the president is old, he is an elderly man. Nobody is denying that. But I think observers, including reporters who cover the president day to day, we do see moments where the president will slip up at times, mixing up people, mixing up places where he does seem at moments less energetic or less focused.

But I think it is all the more sensitive for this White House because he also has an opponent who is also an elderly man who is very eager to really seize on any one of those moments where the president appears to be slipping up.

SANCHEZ: The article does outline instances of former President Trump also having these verbal slips and confusing moments while out on the campaign trail.

We should note that soon we're actually going to speak to one of the authors of this piece. So stay tuned for that.

M.J. Lee live at the White House for us.

Thanks so much, M.J.

So President Biden's new executive action targeting migrants who cross the border illegally is now in effect. We're going to take you to the southern border to get reaction on what the impact of these restrictions are.

KEILAR: Plus, top Biden administration officials heading back to the Middle East to push for a possible cease-fire deal between Israel and Hamas, but now there are new concerns that Israel may be hurtling toward a two-front conflict. We will have new details on that.

And a dire new warning from the U.N. chief as the planet endures 12 straight months of unprecedented heat.

(BEGIN VIDEO CLIP)

ANTONIO GUTERRES, UNITED NATIONS SECRETARY-GENERAL: In the case of climate, we are not the dinosaurs. We are the meteor. We are not only in danger. We are the danger.

(END VIDEO CLIP)

KEILAR: Yes.

We will have more of his remarks ahead on CNN NEWS CENTRAL.

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[13:18:40]

SANCHEZ: Just hours after President Biden's new asylum restrictions went into effect, we're learning that some cities along the southern border are already turning away migrants.

The sweeping new policy severely limits the number of migrants who illegally cross the U.S.-Mexico border from seeking asylum.

KEILAR: Yes, this measure, which can be turned on and off, kicks in once the number of daily encounters reaches a certain threshold on average, that number 2,500.

Let's turn now to CNN's Rosa Flores, who is live along the border. She's in Hidalgo, Texas.

Rosa, what impacts are you seeing there?

ROSA FLORES, CNN CORRESPONDENT: You know, the easiest way for me to explain it is, imagine border security on a rocket ship.

And this is the federal government using a lot of the processes that it already has, barring asylum and expediting all of those processes. Let me set the scene for you. What you see behind me is the International Bridge here in Hidalgo, Texas. This crossing goes into Mexico.

And you can see that the ports of entry are not impacted. You can see the free flow of cars here. This does not impact trade or commerce. This impacts the illegal entry by migrants who are entering between ports of entry. And here's what happens.

(AUDIO GAP) crosses the border. If they do not express (AUDIO GAP) to those agents, those migrants are very swiftly returned. What does that look like? We have video of what it could look like.

[13:20:06]

Take a look, because what you see here is a white government bus that normally transports migrants. You see that bus go into the port of entry that you see behind me. And then you see federal agents escort migrants back to Mexico. That little walkway, that road that you see is the way back into Mexico.

Now, what you're seeing there is a swift return. Those migrants are being returned to Mexico, whether through either expedited removal or voluntary return. Now, if a migrant expresses fear, Brianna and Boris -- and this is important -- then that migrant gets a credible fear interview, whether it happens at Customs -- Customs and Border Protection.

And I'm told I need to wrap -- back to you guys.

KEILAR: Yes, sorry. Sorry, Rosa. We're having some problems with your mic.

SANCHEZ: Yes.

KEILAR: And, obviously, you have some really important information to share with us. So we're going to try to get that fixed so that we can get that from you.

Let's turn now, though, to tensions in the Middle East. Top Biden administration officials are traveling to the region this week to work on the potential deal for a permanent cease-fire and release of hostages between Israel and Hamas.

SANCHEZ: Now, all of this is happening as there are signals the Israel-Hamas war could expand beyond Gaza and into Lebanon's border with Israel.

The area there has experienced wildfires ignited by cross-border attacks. Now a high-level official in Israel Defense Forces -- in the Israel Defense Forces is saying the military is ready to attack targets in the north. And, today, Prime Minister Benjamin Netanyahu is visiting a city right by the border.

CNN's Jeremy Diamond is in Jerusalem for us.

So, Jeremy, how would you say that -- how close would you say that Israel is to launching another major offensive?

JEREMY DIAMOND, CNN CORRESPONDENT: Well, Boris, it's really hard to tell at this point.

What we have been witnessing over the course of the last eight months, of course, is these continued cross-border exchanges of fire between Hezbollah and Israel. And at this moment, there's no question that there has been an uptick in those strikes from both sides in terms of the rockets coming from Hezbollah towards Northern Israel, as well as the attacks from the Israeli military in Lebanon.

And, recently, over the last couple of days, something else has really brought attention to all of this. And that is the increase in these wildfires that we have been witnessing over the last couple of days that have really brought national attention in Israel to the situation in the northern border, where at least 60,000 Israeli residents are currently displaced.

And, today, the Israeli prime minister visiting that area, where thousands of acres were burned by these wildfires, resulting from the rockets being fired by Hezbollah. And he said that Israel is -- quote -- "prepared for very intensive action in the north," saying, "One way or another, we will restore security to the north."

We know that today, as well, the Israeli military increasing the cap of people that it can call up for reserve duty from 300,000 to 350,000, questions about whether or not that may be preparations for a northern war between Israel and Hezbollah.

There's no question that there is enormous pressure on this government to get those residents back to their homes in Northern Israel. And Israel has said that it will accomplish that one way or another, whether through diplomacy or through war -- Boris.

KEILAR: And let's turn out of the cease-fire plan, Jeremy, between Israel and Hamas.

The president is dispatching some of his top officials to keep negotiations going. What are the chances that this bears some fruit?

DIAMOND: Yes, CIA Director Bill Burns is in the region once again.

And we know that he often comes to the region not necessarily just when they have a potential breakthrough ahead, but certainly at moments of importance in these negotiations. And the CIA director is indeed currently in Doha, Qatar, meeting with the emir of Qatar, as well as the prime minister of that country, who have been speaking intensively in recent days with Hamas officials.

And Bill Burns is there to get debriefed on those conversations and to see whether or not this latest Israeli proposal that is on the table for a potential cease-fire and hostage negotiation can indeed move forward. We have heard, of course, the Israeli prime minister in recent days emphasizing that this proposal will not lead to an end to the war unless Hamas is first destroyed.

And that point of emphasis has certainly raised concerns within the Israeli government that it is undermining the proposal, the way in which the mediators are trying to sell it to Hamas, very much trying to frame it as a way to ultimately end this war in Gaza.

And so all of that is happening as we await Hamas' formal response to this. We understand that it will be delivered to the Qatari mediators, but, so far, it has not come. U.S. officials say that they are checking in with the Qataris by the hour, keeping track of this, hoping that Hamas says yes.

And, of course, if they do, then the question will be, what will the Israeli prime minister do? Will he stick with this proposal, despite criticism from the far right of his government ministers, Itamar Ben- Gvir, Bezalel Smotrich, vehemently opposed to this deal, or will he follow through and deliver this deal that could free dozens of hostages and result in a weekslong, if not monthslong cease-fire in Gaza?

[13:25:13]

SANCHEZ: We will be watching those next steps closely.

Jeremy Diamond, live for us from Jerusalem, thank you so much.

Still to come: "We're playing Russian roulette with our planet" -- those words coming from the U.N. secretary-general, as the planet marked 12 consecutive months of unprecedented heat. And the third time was the charm for Boeing's Starliner mission. What

this mission could mean for the future of space travel -- that and more next on CNN NEWS CENTRAL.

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