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Nearly 1M Still Without Power In Texas 4 Days After Beryl; Heat Index Could Reach 106 Degrees In Parts Of Texas Today; Alec Baldwin Trial Paused, Jury Sent Home Amid Defense Allegations Of Wrongdoing By Investigators; Trump Asks NY Judge To Toss Hush Money Conviction; Beachgoer in Japan Swept Out To Sea, Survives 36-Hour Ordeal. Aired 1:30-2p ET

Aired July 12, 2024 - 13:30   ET

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


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[13:32:56]

BORIS SANCHEZ, CNN HOST: Out of Texas, there's some good news. The power is back on for more than one million customers there. The bad news, half-a-million others will still be in the dark until sometime next week.

It's been four days since Hurricane Beryl hit, crippling parts of southeast Texas. And even though power crews continue making progress, residents are fed up with how long this has taken.

JESSICA DEAN, CNN HOST: This is all happening, mind you, as Texas is in the midst of an absolutely brutal heatwave that will put it -- push the heat index to 106 in some places. And remember, you don't have a fan, you don't have air conditioning for days.

CNN Meteorologist Chad Myers is in the CNN Weather Center.

But let's begin with Lucy Kafanov, who's in Houston.

Lucy, so many people really suffering there right now. What are you seeing?

LUCY KAFANOV, CNN CORRESPONDENT: Well, Jessica, Boris, it is hot here and muggy. For so many people, of course, the power is still not on. And it's about to pour rain, which is certainly going to hamper efforts to restore power to all the people who so desperately need it.

Of course, tempers have been flaring as anger mounts at CenterPoint Energy, of Houston, whose natural gas station we are in front of, about why the nation's fourth-largest city, in the energy capital of the world, is still so crippled after this storm.

Now, multiple relief sites have been set up across the city today. We're actually across the street for one -- from one where the Houston Rockets we're handing out food, water, donations for desperate families who need it.

There were sites all over the city for folks to be able to get supplies. Because, of course, if there's no power, your A.C. doesn't work. The refrigerator can't keep the food.

A lot of people emotional, desperate, trying to figure out how they're going to keep food on the table, put food on the table for their children, how they're going to keep them cool.

This has been a deadly event. At least 10 lives claimed in Texas by the storm and its aftermath. Two people died from carbon monoxide poisoning and one person died because her battery ran out on her oxygen machine.

[13:35:01]

So this has been a very dangerous storm. And with hospitals struggling to cope, the NRG Arena stadium also converted into an emergency medical shelter.

Now, CenterPoint has been facing the brunt of this anger. The Texas governor -- governor promising an investigation into their handling of the hurricane response.

CenterPoint's V.P. of operations, meanwhile, urging calm. Take a listen.

(BEGIN VIDEO CLIP)

DARIN CARROLL, CENTERPOINT V.P. OF OPERATIONS: You can expect the second half of the storm for the run rate not to be a million every 48 hours, which is basically what we've done thus far.

The other thing I want customers to know is, even if you see yourself in that green on the map, don't worry, we know you're out of power and we are going to get to you.

(END VIDEO CLIP)

KAFANOV: Now, the National Weather Service has issued yet another heat advisory for the greater Houston area today. CenterPoint, meanwhile, says that by the end of Sunday, about 80 percent of their customers should have their power back.

But, guys, that still leaves half a million Texans to swelter, to struggle in sweltering temperatures early into next week. It's a difficult challenge.

SANCHEZ: Yes, it's a challenge for those in Texas right now.

Lucy, thank you so much.

Let's bring in Meteorologist Chad Myers now.

Chad, how long is this heat going to stick around?

CHAD MYERS, AMS METEOROLOGIST: Well, you know what, today isn't even above normal, Boris. So we are in summer. This is going to stick around for a very long time. The heat advisory is posted by the Weather Service because of the lack of electricity, not actually getting over the threshold to even qualify. But if you're feeling like 102 and you don't have but fan on you.

College Station had a rain shower earlier. So there are showers that are popping up in the Houston area. Even the cloud cover helps. But of course, the rainfall helps, as well, cool down some things, at least for a while.

And then the sun comes back out and then the heat and humidity come back. And so you kind of hope for one and hope for the others.

But the normal high today, you're going to be 93, 92 degrees. And even today, only 87. So, yes, it feels sweltering, but it could be a whole lot worse.

If we we're in the middle of this heatwave, which is out to the west, we'd be talking a completely different story. Where Vegas, again, three consecutive days just 118 degrees. It has been brutal out there.

At least this ridge of high pressure is not over the central part of the country, where six consecutive days for Vegas at 115.

Even right now, I mean, looking at my clock, it's still only 10:30. And Las Vegas is already 105. It doesn't even cool down at night. Part of the problem.

Also part of the problem with Houston where the temperatures at night are only getting down to the upper 70s, so even opening the house and hoping for a breeze doesn't get you too far -- Boris?

DEAN: All right. Chad Myers breaking it down for us. Thanks so much.

Former President Donald Trump making the legal case to throw out his felony conviction. He's using the Supreme Court immunity ruling to backup that argument. Will it work?

CNN NEWS CENTRAL continues after the break.

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[13:42:13]

SANCHEZ: This just into CNN. The judge in the trial of Actor Alec Baldwin has halted testimony in the case and sent the jury home for the day.

All of this as she considers a new motion by the defense to have the case thrown out based on allegations of wrongdoing by investigators.

DEAN: CNN's Elizabeth Wagmeister is following this.

Elizabeth, what happened?

ELIZABETH WAGMEISTER, CNN ENTERTAINMENT CORRESPONDENT: This is a huge development in the case today, Boris and Jessica. The judge sending the jury home until Monday as she considers this new motion to dismiss.

Now, this is the latest motion to dismiss. Baldwin's defense has made many attempts to toss this case out. But what's different about this today is they are alleging that the prosecution has withheld evidence relating to bullets, which they say could be critical evidence.

Let's take a look at what happened in the courtroom.

(BEGIN VIDEO CLIP)

LUKE NIKAS, ALEC BALDWIN'S DEFENSE ATTORNEY: We're talking about a prosecution that didn't preserve those bullets, that didn't collect them at all, that didn't turn them over. This is critical evidence in the case. It was never disclosed to us.

This case should be dismissed, Your Honor. this is over and over and over and over again. And, Your Honor, you've given them a fair chance.

KERI MORRISSEY, PROSECUTOR: Your Honor, there has been absolutely no violations of our obligations as prosecutors. Everything that has occurred in this regard, everything that these defense attorneys knew well before today.

(END VIDEO CLIP)

WAGMEISTER: Now a crime scene technician had been on the stand yesterday and was called back today, which was highly unusual. And the reason why is because Baldwin's defense said that they received information late in the game.

That didn't come to them from the prosecution. That somebody went into the Santa Fe's sheriff's department to bring ammunition that they said they believed came from the same source as that live bullet that was in the firearm that ultimately fatally shot Halyna Hutchins.

Of course, the big question since this whole saga began nearly three years ago is, why was there live ammunition on that set? And how did it get there? That question has never been resolved.

Now, Baldwin's defense is saying, if we had this evidence, maybe we would have known, why weren't these bullets sent to the FBI to be investigated.

So much more to come. We're keeping our eye on it.

DEAN: Yes, a big development.

Elizabeth Wagmeister, thanks so much for that reporting.

In a new court filing, former President Donald Trump is asking the judge in his New York hush money trial to toss out his criminal conviction.

SANCHEZ: Yes. Trump's legal team is basing this question on the Supreme Court's recent ruling that presidents have immunity for official acts, but not private conduct.

Let's get some analysis now from CNN legal analyst and former federal prosecutor, Jennifer Rodgers.

Jennifer, Trump's lawyers are arguing that his guilty verdict in the hush money case should be vacated because the D.A.'s office, it relied on evidence at trial related to Trump's official acts as president.

[13:45:10]

They're specifically asking for Hope Hicks' testimony to be but taken out. Does their argument have merit?

JENNIFER RODGERS, CNN LEGAL ANALYST: Well, Boris, we're waiting to find out. I mean, one of the things that the Supreme Court often does when it establishes new law, as it did here, is it doesn't really explain all the various scenarios that are going to be impacted, right?

It allows lower courts to figure out, in the first instance, whether -- how the new rule applies and whether it matters in terms of overturning a conviction.

So in the first place, we're waiting for Judge Merchan to make a ruling about whether any official acts, evidence, actually was presented and received at trial.

And then whether that requires striking testimony, overturning that conviction, ordering a new trial. So I think he'll do that in the first instance.

And it seems to me that the Trump team has an uphill battle to argue that this was official conduct, as opposed to private conduct, giving -- given what the subject matter was of the Hope Hicks testimony and the case in general.

DEAN: And, Jennifer, in the filing, Trump's lawyers claim that while President Trump used his Twitter account as one of the White House's main vehicles for conducting official business.

How do you see a judge reacting to that argument?

RODGERS: Well, there's no question that the Twitter account was used in a variety of ways. Some of it was clearly official business, stating policy and so on and the president's views on things.

But a lot of it wasn't. He also used it as his personal account. And I think you can certainly parse through all of his tweets and kind of put them in one bucket or the other.

So that's what the judge is going to do here. I mean, he's going to go through all of the tweets that we're put into evidence and decide whether or not they arguably are official conduct or private conduct.

And then that's going to determine whether or not they we're properly admitted. So this is a painstaking process that's going to happen here, which is

why it was so smart of Judge Merchan really to delay sentencing and go through this with a fine-tooth comb before it gets to the appellate courts.

So that he can be the first person in the first instance to decide whether it was official or not, which is as it should be since he was the presider of the trial.

SANCHEZ: You mentioned the delay in sentencing. It's now on September 18th. But do you imagine that it might get pushed further out as these arguments get sorted?

RODGERS: It could. But we're still in July and, obviously, Team Trump's filing has come in. The D.A. will respond. So you know, we'll see.

I don't know how quickly Judge Merchan will work. But I think it certainly can get done in time for September sentencing.

I do think, though, that it's possible that the Trump team will ask for a delay. And we will see then what Judge Merchan says about that. He might even try to get a stay from a higher court on that.

But in any case, I don't think we'll see a sentencing and any sort of sentence being implemented. Even if we do proceed with sentencing in September, I think everyone expects that that sentence will be stayed pending the appeal of this matter.

SANCHEZ: Jennifer Rodgers, appreciate the perspective. Thanks for being with us.

RODGERS: Thanks.

SANCHEZ: Up next, how a refreshing dip in the ocean turned into a 36- six-hour fight for survival for a beachgoer in Japan. An incredible story, just minutes away.

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[13:52:47]

SANCHEZ: Now to what's really a miraculous story of survival. A beachgoer is swept out to sea in Japan with nothing but a floating ring. And 36 hours later, she's dramatically rescued.

DEAN: Wow.

CNN's Tom Foreman is joining us now.

This is just incredible.

TOM FOREMAN, CNN CORRESPONDENT: Yes.

DEAN: You don't hear this a lot.

FOREMAN: I love of these stories.

DEAN: Yes.

FOREMAN: I've been collecting the stories my whole life. It's a pretty good one. She goes for a little swim off very popular beach. There are people trying to cool down in the summertime.

She realizes in 30 minutes that the currents and the winds are pushing her where she does not want to go. And then she goes through the night.

And the next day, she's spotted by a ship. They go out there with the helicopter. They pull her up on board. And they sent her off to the hospital.

Although, in a statement, they said really not such a big deal that she had to go to the hospital. They checked her out, a little dehydrated, but no signs of any real serious injury to her there.

Although, there was -- you see, there was no need for hospitalization, was the assessment of the Coast Guard. And she did walk away from the hospital. She's in her 20s, so she's pretty healthy.

And they did say there were some real dangers out there though. One, dehydration. You don't think about that so much, the ocean, but it's really an issue.

The idea that she could have had hypothermia at night. It gets pretty cold out there. And the idea of literally getting hit by a ship in the dark.

DEAN: That would worry me.

FOREMAN: But of that happened. But can you imagine 30 minutes into your little swim on your floatie and you're like, oh, wait a minute, I can get back to shore.

SANCHEZ: How does -- how does that sort of happen? Do you keep an eye on the shore and --

(CROSSTALK)

SANCHEZ: -- try to like mitigate?

FOREMAN: And they said she had like, six and a half foot waves out where she was.

SANCHEZ: Oh, wow.

FOREMAN: I would be very uneasy.

DEAN: And she's just on a little inner tube.

FOREMAN: A little -- a little thing.

DEAN: Bopping around. SANCHEZ: Yes, it's remarkable.

FOREMAN: But I will tell you this. This is nowhere near the longest, which also originated off the coast of Japan.

DEAN: I didn't know that.

FOREMAN: Back in the early 1800s, a ship became disabled there. And they we're adrift for like a year and four months.

SANCHEZ: Oh.

DEAN: Oh, gosh.

FOREMAN: And ended up being rescued off the coast of California. Some of them did not make it.

But -- but at the rate she was traveling, if you look at the map --

DEAN: Yes.

FOREMAN: -- of where she went, she didn't go directly towards California. She sort of went south. If she had gone directly from Shimoda there -- and, boy, don't I remember from my youth on the beaches of Shimoda.

(LAUGHTER)

[13:54:59]

FOREMAN: If she had gone directly toward California instead of south, at the rate she was going, she would have been there a whole lot faster. So that's an opportunity for a new record she missed out on.

DEAN: Oh.

FOREMAN: But she probably would have had to really -- ranking a couple of dubious, dubious records.

SANCHEZ: Yes. Didn't the Beach Boys song about Shimoda.

FOREMAN: I think the Nakba.

(CROSSTALK)

FOREMAN: Very, very similar. No, that was the Beach Boys' cover band that played the Holiday Inn Express. But very similar. Yes,

(LAUGHTER)

FOREMAN: You're on -- you're on the right --

SANCHEZ: Hey, I'm glad she made it. These stories are always --

DEAN: Yes.

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FOREMAN: It would not be something to joke about it.

SANCHEZ: Oh, yes.

(CROSSTALK)

DEAN: -- a happy ending. Yes. Yes. All right.

SANCHEZ: Tom, thanks so much.

FOREMAN: You're welcome.

DEAN: Just minutes from now, President Biden is set to leave the White House for the battleground state of Michigan, as he looks to keep calm and carry on with his reelection bid.

The number of congressional Democrats, though, calling for him to step aside continues to grow. We're going to follow it all.

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